PART 7. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION
CHAPTER 305. PRACTICES AND PROCEDURES FOR HEARINGS AND DISCIPLINARY ACTIONS
SUBCHAPTER D. POST-SETTLEMENT AND POST-HEARING MATTERS
The Texas Residential Construction Commission proposes amendments to 10 Texas Administrative Code §305.41 regarding motions for rehearing. The amendments are proposed to clarify the process by which rulings on motions for rehearing are made. The amendments also delegate authority to the Executive Director to grant an extension of time for a decision on the motion if one or more commissioners elects to grant the motion for rehearing, or fails to respond to notice of receipt of a motion and the next regularly scheduled meeting of the commission is more than 45 days after the date a party has been notified of the commission's order.
Ms. Susan K. Durso, General Counsel for the commission, has determined that for each year of the first five-year period that the proposed amendments are in effect there will be no increase in expenditures or revenue for state government and no fiscal impact for state or local government as a result of enforcing or administering the section.
Ms. Durso has also determined that for the first five years the amendments are in effect the public will benefit from having a clearer understanding of the rehearing process. There is no anticipated economic cost to small businesses or persons who are required to comply with the proposed amendments.
Ms. Durso has also determined that for each year of the first five-year period the amendments are in effect there should be no effect on a local economy; therefore, no local employment impact statement is required under the Administrative Procedure Act, §2001.022.
Ms. Durso has also determined that for each year of the first five-year period the proposed amendments are in effect there will be no adverse economic effect on small businesses. Accordingly, no regulatory flexibility analysis is necessary.
Comments on the proposed amendments may be submitted to Susan K. Durso, General Counsel, Texas Residential Construction Commission, 311 E. 14th Street, Austin, Texas 78701 or by fax to (512) 475-2453. Comments may also be submitted electronically to comments@trcc.state.tx.us. For comments submitted electronically, please include "Motions for Rehearing" in the subject line. The deadline for submission of comments is thirty (30) days from the date of publication of the proposed rule in the Texas Register. Comments should be organized in a manner consistent with the organization of the rule under consideration. Comments submitted after the deadline for submittal, submitted to a different address, or submitted electronically without "Motions for Rehearing" in the subject line, may not be accepted.
The amendments are proposed pursuant to Property Code §408.001, which provides general authority for the commission to adopt rules necessary for the implementation of Title 16 of the Property Code and Government Code §2001.146, regarding the procedures for ruling on a motion for rehearing.
No other statutes, articles, or codes are affected by the proposed section.
§305.41.Motions for Rehearing.
(a) Filing times. A motion for rehearing must be filed with the commission within 20 days after a party has been notified, either in person or by mail, of the order of the commission, pursuant to §305.40 of this chapter.
(b) Commission action.
(1) The commission may rule on a motion for rehearing at a meeting or by mail, telephone, telegraph, or another suitable means of communication.
(2) Staff will notify commission of the receipt of a timely filed motion for rehearing, any reply filed, and the dates by which commission action must be taken before a motion for rehearing is overruled by operation of law.
(3) Commission action on the motion for rehearing must be taken within 45 days after the date a party has been notified of the commission's order pursuant to subsection (a) of this section. If commission action is not taken within the 45-day period, the motion for rehearing is overruled by operation of law.
(4) The commission may by written order extend the period of time for filing the motions and replies and taking commission action, except that an extension may not extend the period for commission action beyond 90 days from the date the party was notified pursuant to §305.40 of this chapter.
(5) In response to notice under paragraph (2) of this subsection each commissioner shall notify staff of the commissioner's decision on whether to grant or deny the motion for rehearing.
(A) If one or more commissioner's elects to grant the motion for rehearing and the next regularly scheduled meeting of the commission is more than 45 days after the date a party has been notified of the commission's order pursuant to subsection (a) of this section, the Executive Director is delegated authority to execute an order on behalf of the commission extending the time to consider the motion until the date of the next regularly scheduled commission meeting; or
(B) If one or more of the commissioners does not expressly communicate to staff the commissioner's decision on whether to grant or deny a timely filed motion for rehearing, the Executive Director is delegated authority to execute an order on behalf of the commission extending the time to consider the motion until the date of the next regularly scheduled commission meeting.
(6) 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, 90 days after the date
the party was notified pursuant to §305.40 of this chapter. [The
parties may by agreement, with the approval of the commission, provide
for a modification of the times provided in this section.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 7, 2008.
TRD-200804120
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Earliest possible date of adoption: September 21, 2008
For further information, please call: (512) 463-2886