Current through Reg. 49, No. 38; September 20, 2024
(a) A party to a
benefit contested case hearing who is dissatisfied with the decision of the
administrative law judge may request the appeals panel to review that decision.
The request shall:
(1) be in
writing;
(2) clearly and concisely
rebut each issue in the administrative law judge's decision that the appellant
wants reviewed, and state the relief the appellant wants granted;
(3) be filed with the Chief Clerk of
Proceedings in the division's central office in Austin not later than the 15th
day after receipt of the administrative law judge's decision. The
administrative law judge's decision is deemed to have been received by the
parties in accordance with §102.5 (relating to General Rules for Written
Communications To and From the Commission) and §
102.3(relating
to Computation of Time) of this title. Requests that are timely submitted to a
division location other than the Chief Clerk of Proceedings, such as a local
field office of the division, will be considered timely filed and forwarded to
the division's appeals panel for consideration, but this may result in delay in
the processing of the request. Untimely requests, regardless of whether they
are filed with the Chief Clerk of Proceedings in the division's central office
or in a different division field office, do not invoke the jurisdiction of the
appeals panel and will not be reviewed by the appeals panel;
(4) be served on the other party or parties
on the same day filed with the division; and
(5) contain a statement certifying that a
copy has been served on the other party or parties in person, mailed by
certified mail, return receipt requested, or transmitted by verifiable means. A
certificate in substantially the following form shall be used: "I hereby
certify that I have on this ____ day of ____________, _____, served a copy of
the attached request for appeal on _______________________________ (state the
name of the other party or parties on whom a copy was served) by
_______________________________ (state the manner of service)."
_______________________________ Signature
(b) If it is not clear from the request for
review that the party has properly served a copy of the request on the other
party or parties, the division will provide a copy of the request
expeditiously.
(c) A party may make
a conditional request for review by the appeals panel even if the overall
contested case hearing decision is favorable. A timely request that indicates
that the filing party seeks consideration only if the opposing party files a
request for review will not be treated as a request for review unless an
opposing party timely files a request. If an opposing party does file a timely
request, the conditional request will be treated as a cross-appeal.
(d) A request for review by the appeals panel
shall be filed not later than the 15th day after the appealing party is deemed
to have received the administrative law judge's decision. Saturdays and Sundays
and holidays listed in Government Code §
662.003
are not included in the computation of this 15-day period. A request made under
this section shall be presumed to be timely filed or timely served with the
division if it is:
(1) mailed on or before
the 15th day after the date of deemed receipt of the administrative law judge's
decision, as provided in subsection (a) of this section; and
(2) received by the division not later than
the 20th day after the date of deemed receipt of the administrative law judge's
decision.
