Current through Reg. 49, No. 50; December 13, 2024
Section 224.27 - [Effective until 7/1/2025] Final Order; Motion for Rehearing(a) The provisions of Government Code, Chapter 2001, Subchapter F, govern the issuance of a final order issued under this subchapter and a motion for rehearing filed in response to a final order.(b) Except as provided by subsection (c) of this section and §224.29 of this title (relating to Delegation of Final Order Authority), the board has final order authority in a contested case filed under Occupations Code, Chapters 2301 or 2302, or under Transportation Code, Chapters 502, 503, 621-623, 643, 645, and 1001-1005.(c) The hearings examiner has final order authority in a contested case filed under Occupations Code, § 2301.204 or Occupations Code Chapter 2301, Subchapter M.(d) A department determination and action denying access to the temporary tag database becomes final within 26 days of the date of the notice denying access to a database, unless the dealer or converter:(1) requests a hearing regarding the denial of access, or(2) enters into a settlement agreement with the department.(e) Unless a timely motion for rehearing is filed with the appropriate final order authority as provided by law, an order shall be deemed final and binding on all parties. All administrative remedies are deemed to be exhausted as of the effective date of the final order.(f) If a timely motion for rehearing is not filed, the final order shall be deemed final and binding in accordance with the provisions of Government Code, § 2001.144.(g) If a final and binding order includes an action on a license, the department may act on the license on the date the final order is deemed final and binding, unless the action is stayed by a court order.43 Tex. Admin. Code § 224.27
Adopted by Texas Register, Volume 49, Number 17, April 26, 2024, TexReg 2780, eff. 6/1/2024