ADMINISTRATION

(a) A motion for continuance shall: (1) be in writing and served in accordance with § 1.45 of this title (relating to Service in Protested Contested Cases; (2) be filed not less than five business days prior to the hearing, except for good cause shown; (3) set forth the specific …

When two or more applications, petitions, or other proceedings involve common questions of law or fact, the appropriate division director, the Hearings Director or the examiner may consolidate the proceedings or direct that there be a joint hearing without formal consolidation an…

The Commissioners or the Hearings Director may dismiss, with or without prejudice, any proceeding under such conditions and for such reasons as are found to be just and reasonable, including the following: (1) failure to prosecute; (2) unnecessary duplication of proceedings or re…

All hearings shall be open to the public and, except as otherwise required by law, shall be held in Austin. The Commissioners or the Hearings Director may designate another place of hearing if for good cause and in the public interest. Notes 16 Tex. Admin. Code § 1.108 The provis…

(a) Opening the hearing. The examiner shall call the hearing to order and make a concise statement of its scope and purposes. All parties shall then enter their appearances. Thereafter, parties may make motions or opening statements. (b) Order of procedure. Parties shall be permi…

Generally, the party seeking affirmative relief shall have the burden of proof. An examiner may reassign the burden of proof and shall serve copies of the decision on all parties. In reassigning the burden of proof, the examiner may consider: (1) the classification of the parties…

(a) Request for transcript. When requested by the Commission, the examiner, or a party, a certified shorthand reporter shall make a verbatim record and transcript of the hearing. (b) Assessment of costs. The cost of the original transcripts shall be assessed to all parties equall…

(a) The examiner may sua sponte or upon granting the timely written motion of a party order that all or part of a prehearing or posthearing conference or hearing be conducted by telephony. (b) A party may file a motion to appear at a prehearing or posthearing conference or a hear…

(a) In a contested case, if a majority of the Commissioners have not heard the case or read the record, the decision, if adverse to a party other than the Commission, may not be made until: (1) a proposal for decision is served on each party; and (2) an opportunity is afforded to…

(a) Any party may, within 15 days after the date of service of a proposal for decision, file exceptions to the proposal for decision. Replies to such exceptions may be filed by any other party within 10 days after the deadline for filing such exceptions. Either party may file a c…

(a) At an open meeting, the Commissioners may: (1) adopt, modify, or reject the examiner's proposed findings of fact and conclusions of law in whole or in part; (2) remand the proceeding for further consideration by the same examiner or a different examiner; (3) direct the examin…

(a) Any party may request oral argument on a matter before the Commissioners by filing the request with the Docket Services Section as part of a party's exceptions, replies to exceptions, motion for rehearing, or reply to a motion for rehearing. A party may not orally request the…

When an interim order is provided for by law, a request for an interim order will be presented to the Commissioners for consideration at an open meeting. An interim order shall not be considered a final Commission decision. Interim orders are not appealable and shall not be subje…

(a) A final decision or final order adverse to any party in a contested case shall be in writing and shall be signed by two or more Commissioners. Final decisions or final orders shall include findings of fact and conclusions of law separately stated. Findings of fact, if set for…

A decision or order becomes final as provided in § 1.130 of this title (relating to Finality of Decisions or Orders). The effective date of a decision or order is the date it is signed by a majority of the Commissioners, unless otherwise stated in the order and subject to a motio…

(a) Motions for rehearing, if filed, must be filed by a party not later than the 25th day after the decision or order that is the subject of the motion is signed, unless the time for filing the motion for rehearing has been extended under subsection (e) of this section. A motion …

(a) Purpose. The purpose of this section is to establish standards of conduct to govern the relationships between the department, its officers and employees, and private organizations or donors in accordance with Texas Government Code, § 2255.001 . (b) Definitions. The following …

(a) A decision or order in a contested case is final: (1) if a motion for rehearing is not filed on time, on the expiration of the period for filing a motion for rehearing; (2) if a motion for rehearing is timely filed, on the date: (A) the order denying the latest filed motion f…

The party appealing the Commission's order shall pay to the Commission the cost of preparing the original or a certified copy of the record prior to it being transmitted to the reviewing court at rates approved by the Office of the Attorney General of Texas. When more than one pa…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agency--A board, commission, department, or other entity created under Texas law that has statewide jurisdiction and makes rules or det…

(a) Any interested person may petition the department for the adoption of a proposed rule pursuant to the APA, §2001.021. A petition must: (1) be in writing and request that a rule be adopted; (2) give a brief explanation of the proposed rule; (3) set out the precise text of the …

(a) All applications, petitions, complaints, and other documents relating to any proceeding to be initiated before the Commission shall be filed with the appropriate division director in accordance with that division's filing requirements and any applicable statute or regulation.…

(a) Once a party has notice that a division has transferred a contested case to the Hearings Division, the party shall file all subsequent pleadings and other documents related to the case with the Docket Services Section. (b) Pleadings and related documents filed with the Hearin…

(a) Filing of complaint. Complaints relating to matters within the Commission's jurisdiction shall be in writing and contain a detailed description of the allegations against the respondent. The complainant shall serve the complaint on the respondent and simultaneously file it wi…

(a) In response to a written complaint or on the Commission's own motion, the Commission or the Hearings Director may issue a notice commanding a person subject to the Commission's jurisdiction to appear at a public hearing and show cause why the person should not be compelled to…

(a) Commencement of a contested case. (1) Enforcement contested cases are commenced when a division of the Commission refers the matter to the Enforcement Section of the Office of General Counsel and the Enforcement Section assigns a docket number to the case. Before filing a com…

(a) Parties to contested cases before the Commission are defined in § 1.2 of this title (relating to Definitions). If there is an error in a party's designation in its pleadings, the examiner may assign a party an appropriate designation. (b) The examiner may align parties accord…

(a) Any party may appear individually or through an authorized representative. (b) Authorized representatives shall: (1) file a notice of representation with the Docket Services Section that contains the representative's mailing address, telephone number, and, if applicable, fax …

(a) The Commission, the Hearings Director, or the examiner may grant exceptions to the provisions of this chapter upon a showing of good cause and if necessary in the interest of justice. (b) The Commission may suspend the operation of one or more of its general or special rules …

(a) An interested person may petition the Commission requesting adoption of a rule. Petitions shall be in writing and filed with the Office of General Counsel. (b) Each petition must state the name and address of the petitioner. (c) Each petition shall include: (1) a brief explan…

(a) Pleadings filed in contested case proceedings before the Commission shall be designated as one of the following: application, petition, complaint, notice of protest, answer, motion, exception, or response or reply to one of the preceding pleadings. If there is an error in the…

(a) Unless otherwise permitted or required by Commission rules or by statute, a pleading shall contain a statement of the pleading's objectives, a concise statement of supporting facts, and a specific request for relief. (b) Pleadings that are filed in hard copy shall be printed …

If the appropriate director or examiner finds that a pleading does not substantially comply in all material respects with the Commission's rules, notice of the deficiency or deficiencies will be provided to the filing party. Unless precluded by operation of law, the party who fil…

(a) Pleadings may be amended or supplemented when permitted by statute or when justice so requires. (b) Unless the Commission, the Hearings Director, or the examiner approves and issues additional notice as required by law, an application, petition, or complaint, upon which origi…

(a) Any responsive pleading shall be filed by a party within 10 days after filing of the pleading to which the response is made or as ordered by the examiner. (b) A responsive pleading to a complaint filed under this chapter shall be filed by the respondent within 20 days of the …

(a) A motion shall be filed with the Docket Services Section, unless dictated into the record during the pendency of a hearing, and shall state the relief sought and the specific reasons for the motion. If the motion is based upon alleged facts that are not a matter of record, it…

(a) Any person who has a justiciable or administratively cognizable interest and who is not an applicant, petitioner, complainant, respondent, or protestant and who desires to be designated as a party in any contested case before the Commission may file a petition for leave to in…

(a) Relief through interim ruling. Prior to presentation of a contested case to the Commission at an open meeting, a party may seek, through an examiner, or Hearings Director, as appropriate, relief through interim ruling, but that ruling shall not be considered of the same natur…

In addition to any other penalties authorized by law or by Commission rule, the violation of any general or special rule of practice and procedure shall be sufficient cause for the Commissioners, after notice and hearing, to enter an order holding the offender in contempt or subj…

Notice of application for contested cases shall be given in accordance with applicable law, rule, or order of the Commission. Notes 16 Tex. Admin. Code § 1.41 The provisions of this §1.41 adopted to be effective June 1, 1991, 16 TexReg 2289; Adopted by Texas Register, Volume 42, …

Consistent with notices required by law, the department may consolidate or separate matters following the provisions of the Texas Rules of Civil Procedure, Rule 174. Notes 4 Tex. Admin. Code § 1.16 The provisions of this §1.16 adopted to be effective January 18, 1991, 16 TexReg 1…

(a) When an applicant in a proceeding is unable, after due diligence, to identify the address of any person who is required to be notified of an application, complaint, or hearing, the applicant must publish notice of the application, complaint, or hearing. (1) Unless otherwise d…

(a) Any motion relating to a pending proceeding shall, unless made during a hearing, be written, set forth the relief or order sought and the specific reasons and grounds therefor, and be timely filed with the hearings clerk or other staff member primarily responsible for legal s…

(a) Service requirements. A copy of any pleading or document filed in a protested contested case shall be served by a party as follows: (1) On the same day a party files a document with the Commission, the party shall serve a copy on every other party and any other person require…

Parties, authorized representatives, witnesses, and other participants in Commission proceedings shall conduct themselves with proper dignity, courtesy, civility, and respect for the Commission, the director, the examiner, and all other participants. Disorderly conduct will not b…

(a) Permissible forms of discovery by parties are: (1) oral depositions of a party or a nonparty; (2) written interrogatories to a party; (3) requests to a party for admission of facts or the genuineness or identity of documents or things; (4) requests to a party for production, …

(a) Requests for discovery and responses shall be served using a method of service authorized by § 1.45 of this title (relating to Service in Protested Contested Cases) and should not be filed with the Commission. (b) Except for good cause shown, all requests for discovery shall …

(a) If the parties disagree on the scheduling or scope of a deposition, a deposition request and proposed deposition discovery order shall be filed with the Docket Services Section and the examiner will set the matter for consideration at a prehearing conference. (b) The depositi…

Except as otherwise provided in § 1.53 of this title (relating to Deadlines for Responses to Discovery Requests), requests for admission shall be governed by the applicable provisions of the Texas Rules of Civil Procedure. Each matter for which an admission is requested shall be …

(a) Any actual or prospective bidder, offeror, or contractor who asserts or complains of improper process or a procedural defect in connection with the Department's solicitation, evaluation, or award of a contract may file a formal protest with the Responsible Individual. (b) A f…