The Model State Administrative Procedure Act (MSAPA) of 1981 provides the procedure for applying for rehearing of an administrative case. A petition for rehearing can be filed by any party in an administrative action. A party should file a petition for rehearing within 10 days after entry of an initial or final administrative decision.[i] The petition should clearly specify reasons for requesting a rehearing in a case.
The 1961 version of MSAPA provided that a right to rehearing was a prerequisite for seeking judicial review. This position was changed by the version of MSAPA of 1981. Now, filing a petition for rehearing is not a condition for administrative or judicial review.
A petition for reconsideration or rehearing of an administrative case acts as a notice to an agency about an error in its decision.[ii] The agency can rectify the error or prepare a defense from its part. The error should be specifically provided in the petition. The legal basis for considering certain statements as erroneous also should be specified in the petition.[iii]
[i] Harper Invs. v. Auditing Div., State Tax Comm’n, 868 P.2d 813 (Utah 1994)
[ii] Williams v. Geeslin, 2006 Tex. App. LEXIS 6319 (Tex. App. Austin July 21, 2006)
[iii] Burke v. Central Education Agency, 725 S.W.2d 393 (Tex. App. Austin 1987)