(a) The contractor may submit a request for reconsideration following the Agency's issuance of the appeal decision by hand delivery, mail, common carrier, facsimile (fax) transmission, or other method approved by the Agency in writing:
  (1) A request for reconsideration shall only be hand delivered, mailed, or sent by common carrier to the Agency as directed on the Contractor Notice of Rights (VR 1309). A request for reconsideration sent by unapproved methods or to a different address will not be considered a valid request for reconsideration by the Agency.
  (2) The timeliness of a request for reconsideration is subject to the rules and procedures set out in the Unemployment Insurance rules at Chapter 815 of this title, except to the extent that such sections are clearly inapplicable or contrary to provisions set out under these Chapter 858 rules or the contract between the parties.
(b) A request for reconsideration shall not be granted unless each of the following three criteria are met:
  (1) there is an offering of new evidence, which was not presented as part of the original appeal pursuant to §858.15 of this chapter;
  (2) there is a compelling reason why the evidence was not presented earlier; and
  (3) there is a specific explanation of how consideration of the evidence would change the outcome of the decision.
(c) The Agency's decision on the request for reconsideration is the final decision of the Agency.

Source Note: The provisions of this §858.16 adopted to be effective June 17, 2015, 40 TexReg 3638; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; amended to be effective July 6, 2020, 45 TexReg 453