The following education-related proposed rule changes have been highlighted from the most recent version of the Texas Register.
Texas Education Agency Proposals
The Texas Education Agency (TEA) proposes an amendment to §157.1061, concerning general provisions for hearings before the commissioner of education. The proposed amendment would update the procedures for a motion for rehearing to align with statute. Texas Government Code (TGC), §2001.004, requires that state agencies adopt rules of practice stating the nature and requirements of all available formal and informal procedures. Section 157.1061 implements TGC, §2001.004, by specifying the requirements for a motion for rehearing before the commissioner of education. The motion for rehearing is a prerequisite to a judicial appeal. TGC, §2001.146, provides the procedures and deadlines for filing a motion for rehearing in a contested case. The proposed amendment to §157.1061 would update the rule to align with the procedures and deadlines established in statute. The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency’s legal authority to adopt. Earliest possible date of adoption is March 7, 2021 and filed with the Office of the Secretary of State on January 25, 2021.
Changes in the “Motions for Rehearing” in Texas Government Code are in quotes:
- Subsection A- In the absence of a finding of imminent peril, a motion for rehearing is a prerequisite to a judicial appeal. A motion for rehearing must be filed by a party representative within 25[20] days after the date the “decision or order that is the subject of the motion is signed [party representative is notified of the final decision or order].”
- Subsection B- Replies to a motion for rehearing must be filed with the agency within 40[30] days after the date the “decision or order that is the subject of the motion is signed [party representative is notified of the final decision or order].”
- Subsection C- Agency action on the motion for rehearing must be taken within 55[45] days after the date “the decision or order that is the subject of the motion is signed [a party representative is notified of the final decision or order].” If agency action is not taken within the “55-day [45-day]” period, the motion for rehearing is overruled by operation of law “55 [45]” days after the date “the decision or order that is the subject of the motion is signed [party representative is notified of the final decision or order].”
- Subsection D- The agency may, by written order, extend the period of time for filing the motions or replies and taking agency action, except that an extension may not extend the period for agency action beyond “100[90]” days after the date “the decision or order that is the subject of the motion is signed [a party representative is notified of the final order or decision].”
- Subsection E- 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, “100 [90]” days after the date the “decision or order that is the subject of the motion is signed [party representative is notified of the final decision or order].”