Current through Reg. 49, No. 38; September 20, 2024
(a) Motions for
rehearing in proceedings under Chapter 1103, Texas Occupations Code, are
governed by §§2001.144 -
2001.147,
Texas Government Code, and this section.
(b) Motions for rehearing in proceedings
under Chapter 1104, Texas Occupations Code, are governed by §
1104.216,
Texas Occupations Code, §§2001.144 -
2001.147,
Texas Government Code, and this section.
(c) A timely-filed motion for rehearing is a
prerequisite to appeal, except as provided in §
157.17
of this subchapter. The motion must be filed with the Board by:
(1) delivering the motion in-person to the
Board's headquarters;
(2) sending
the motion via email to general.counsel@talcb.texas.gov; or
(3) sending the motion via fax to (512)
936-3788, ATTN: TALCB General Counsel.
(d) Replies to a motion for rehearing may be
filed as provided in Chapter 2001, Texas Government Code.
(e) A motion for rehearing shall set forth
the particular finding of fact, conclusion of law, ruling, or other action
which the complaining party asserts caused substantial injustice to the party
and was in error such as violation of a constitutional or statutory provision,
lack of authority, unlawful procedure, lack of substantial evidence, abuse of
discretion, other error of law, or other good cause specifically described in
the motion. In the absence of specific grounds in the motion, the Board will
take no action, and the motion will be overruled by operation of law.
(f) Any party may request oral arguments
before the Board prior to the final disposition of the motion for rehearing. If
the Board grants a request for oral argument, oral arguments will be conducted
in accordance with this subsection.
(1) The
chairperson or the Board member designated by the chairperson to preside (the
presiding member) shall announce the case. Upon the request of any party, the
presiding member may conduct a prehearing conference with the parties and their
attorneys of record. The presiding member may announce reasonable time limits
for any oral arguments to be presented by the parties.
(2) Oral arguments on the motion shall be
limited to a consideration of the grounds set forth in the motion. Testimony by
affidavit or documentary evidence such as excerpts of the record before the
presiding officer may be offered in support of, or in opposition to, the
motion; provided, however, a party offering affidavit testimony or documentary
evidence must provide the other party with copies of the affidavits or
documents at the time the motion is filed. New evidence may not be presented on
the substance of the case unless the party submitting the evidence can
establish that the new evidence was not reasonably available at the time of the
contested case hearing or the party offering the evidence was misled by a party
regarding the necessity for offering the evidence at the contested case
hearing.
(3) In presenting oral
arguments, the party filing the motion will have the burden of proof and shall
open and close. The party responding to the motion may offer rebuttal
arguments. Parties may request an opportunity for additional rebuttal subject
to the discretion of the presiding member.
(4) After being recognized by the presiding
member, the members of the Board may ask questions of the parties. If a party
is represented by counsel, the questions must be directed to the party's
attorney. Questions must be limited to the grounds asserted for the motion to
be granted and to the arguments made by the parties.
(5) Upon the conclusion of oral arguments,
questions by the members of the Board, and any discussion by the member of the
Board, the presiding member shall call for a vote on the motion. A member of
the Board need not make a separate motion or second a motion filed by a party.
The presiding member may vote on the motion. A motion may be granted only if a
majority of the members present and voting vote in favor of the motion. In the
event of a tie vote, the presiding member shall announce that the motion is
overruled.
(g) A decision
is final and appealable on the date rendered if:
(1) the Board finds that an imminent peril to
the public health, safety or welfare requires immediate effect; and
(2) the Board's decision or order recites
this finding and the fact that the decision is final and effective on the date
rendered.
