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Petitions for Rehearing

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)

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