Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter H - DECISION › Section 1.128 - Motions for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Motions for
				  rehearing, if filed, must be filed by a party not later than the 25th day after
				  the decision or order that is the subject of the motion is signed, unless the
				  time for filing the motion for rehearing has been extended under subsection (e)
				  of this section. A motion for rehearing must identify with particularity the
				  findings of facts or conclusions of law that are the subject of the complaint
				  and any evidentiary or legal ruling claimed to be erroneous. The motion must
				  also state the legal and factual basis for the claimed error. On filing of the
				  motion for rehearing, the movant shall serve copies of the motion on all other
				  parties in accordance with §
										RSA
				  1.45 of this title (relating to Service in
				  Protested Contested Cases).
(b)
				  Replies to motions for rehearing must be filed not later than the 40th day
				  after the date the decision or order that is subject of the motion is signed,
				  or not later than the 10th day after the date a motion for rehearing is filed
				  if the time for filing the motion for rehearing has been extended pursuant to
				  subsection (e) of this section. On filing of the reply, copies of the reply
				  shall be served on all other parties in accordance with §
										RSA
				  1.45 of this title.
(c) Motions for rehearing and replies to
				  motions for rehearing may not be filed by fax or email unless permitted by the
				  examiner or the Hearings director. The number of copies required to be filed
				  will be determined by the examiner as noted in the notice to the parties issued
				  with the proposal for decision. All copies shall be unstapled and three-hole
				  punched for a three-ring binder.
(d) Commissioners shall act on a motion for
				  rehearing not later than the 55th day after the date the decision or order that
				  is the subject of the motion is signed or the motion for rehearing is overruled
				  by operation of law.
(e) The
				  deadline for filing a motion for rehearing may be extended as follows:
(1) The Commission may, on its own initiative
				  or on the motion of any party for cause shown, by written order, extend the
				  period of time for filing these motions and replies and for taking Commission
				  action, provided that the Commission extends the time or takes the action not
				  later than the 10th day after the date the period for filing a motion or reply
				  or taking agency action expires. An extension shall not extend the period for
				  Commission action beyond the 100th day after the date the decision or order
				  that is the subject of the motion is signed. In the event of an extension, the
				  motion for rehearing is overruled by operation of law on the date fixed by the
				  order or, in the absence of a fixed date, on the 100th day after the decision
				  or order that is the subject of the motion is signed;
(2) The parties may, by agreement and with
				  the approval of the Commission, provide for a modification of the time periods
				  provided in this section; or
(3)
				  Pursuant to Texas Government Code, §
											RSA
				  2001.142.