Current through Reg. 49, No. 43; October 25, 2024
Section 140.5 - Correction of Clerical Error(a) The executive director or the executive director's designee may at any time revise an order or decision to correct clerical error: (1) at the joint written request of the parties;(2) at the request of a party affected by the order or decision; or(3) on his or her own motion.(b) When a party requests correction of clerical error, the request must: (1) include a copy of the order or decision marked to indicate the alleged error;(2) state the requested correction, and the reasons for making it;(3) be filed with the hearings division; and(4) be sent to all other parties affected by the order or decision.(c) A party affected by the order or decision may file a response to the request no later than 10 days after receipt of the request.(d) No later than 30 days after the request was filed, the hearings division shall either:(1) issue and deliver to the parties a corrected order or decision; or(2) advise the parties in writing that the order or decision was correct as originally entered.(e) When clerical error is corrected on the motion of the executive director or designee, a copy of the corrected order or decision will be delivered to all affected parties.28 Tex. Admin. Code § 140.5
The provisions of this §140.5 adopted to be effective May 24, 1991, 16 TexReg 2607; amended to be effective May 1, 1996, 21 TexReg 3436.