Sec. 1104.217. DECISION ON REHEARING. (a) The decision made at the conclusion of the original contested case hearing may not be reversed or modified for a procedural, evidentiary, or other error that did not cause substantial injustice to the parties.
(b) The decision made on a rehearing may incorporate by reference any part of the decision made at the conclusion of the original hearing.
(c) On rehearing, the administrative law judge shall consider facts not presented in the original hearing if:
(1) the facts arose after the original hearing was concluded;
(2) the party offering the evidence could not reasonably have provided the evidence at the original hearing; or
(3) the party offering the evidence was misled by a party regarding the necessity for offering the evidence at the original hearing.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
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