16 Tex. Admin. Code § 1.42 - Notice of Hearing
(a) In a contested
case, each party is entitled to an opportunity:
(1) for hearing after reasonable notice of
not less than 10 days; and
(2) to
respond and to present evidence and argument on each issue involved in the
case.
(b) Each notice of
hearing shall include the following:
(1) a
statement of the time, place, and nature of the hearing;
(2) a statement of the legal authority and
jurisdiction under which the hearing is to be held;
(3) a reference to the particular sections of
the statutes and rules involved;
(4) either a short, plain statement of the
factual matters asserted or an attachment that incorporates by reference the
factual matters asserted in the complaint or petition; and
(5) any other statements required by law or
directed by the Commission.
(c) If the Commission or a party is unable to
state the factual matters in detail at the time the notice is served, the
initial notice may be limited to a statement of the issues involved. On timely
written application, a more definite and detailed statement of the facts shall
be submitted in writing to the Hearings Division, which shall issue an amended
notice not less than seven days prior to the date set for the
hearing.
(d) In a proceeding in
which the Commission has the burden of proof, if the Commission intends to rely
on a section of a statute or rule not previously referenced in the notice of
hearing, the Hearings Division shall amend the notice to refer to the section
of the statute or rule not less than seven days before the date set for the
hearing. This subsection does not prohibit the Commission from filing an
amended notice of hearing after the hearing has commenced. If the Commission
files an amended notice of hearing after the hearing has commenced, the
examiner shall grant a continuance of at least seven days at the request of any
other party.
Notes
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