16 Tex. Admin. Code § 1.22 - Filings with the Hearings Division

(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 Hearings Division shall be deemed filed only when they are actually received by the Docket Services Section and are accompanied by any required filing fee. The time and date of filing shall be determined by the file stamp affixed on the pleading or related document by the Docket Services Section.

(c) Except as provided in subsection (e) of this section, pleadings shall be filed as follows:

(1) If the pleading contains 10 or fewer pages including exhibits, it may be filed by fax, email, or other approved electronic transmission with the Docket Services Section. If a party or authorized representative elects to file a pleading by email, the party or authorized representative agrees to be served by email and affirmatively consents to the release and disclosure of the email address.

(2) Pleadings longer than 10 pages shall be filed in hard copy with the Docket Services Section, unless the examiner or Hearings director informs the parties in writing that they may file all documents pursuant to paragraph (1) of this subsection.

(d) Unless the examiner sets the filing deadline at a time earlier than 5 p.m., pleadings and related documents shall be considered timely filed if received and file stamped by the Docket Services Section on or before 5 p.m. of the filing deadline. Pleadings filed after 5 p.m. local time of the Commission shall be deemed filed the following business day. Pleadings filed by fax, email, or other approved electronic transmission shall be considered filed at or before 5 p.m. local time if the complete pleading is received at or before 5 p.m. local time. If the examiner sets the filing deadline at a time earlier than 5 p.m., pleadings and related documents shall be considered filed at the time indicated by the file stamp.

(e) Exceptions and replies, and motions for rehearing and replies to motions for rehearing shall be filed pursuant to § 1.122 of this title (relating to Filing of Exceptions and Replies) and § 1.128 of this title (relating to Motions for Rehearing), respectively.

(f) The Hearings Division may decline to accept a transferred case, docket a case, accept a filing, or set a hearing in instances where there has been a failure to substantially conform to the rules in this chapter.

Notes

16 Tex. Admin. Code § 1.22

The provisions of this §1.22 adopted to be effective June 1, 1991, 16 TexReg 2289; Adopted by Texas Register, Volume 42, Number 33, August 18, 2017, TexReg 4135, eff. 8/21/2017