16 Tex. Admin. Code § 22.222 - Official Notice
(a) Facts
noticeable. Official notice may be taken of judicially cognizable facts not
subject to reasonable dispute in that they are generally known within the
jurisdiction of the commission or capable of accurate and ready determination
by resort to sources whose accuracy cannot reasonably be questioned. In
addition, official notice may be taken of generally recognized facts within the
area of the commission's specialized knowledge.
(b) Motions for Official Notice and
Opportunity to Respond. If a party intends to rely on matters officially
noticed as part of that party's direct case, the motion for official notice
shall be made by the deadline established for that party to prefile direct
testimony or as directed by the presiding officer. Otherwise, a party's motion
for official notice shall be made prior to the conclusion of the evidentiary
hearing unless made pursuant to §
22.226(d) of
this title (relating to Exhibits). Motions for official notice may be written
or oral. The motion shall state with specificity the facts, material, records,
or documents of which official notice is requested, and copies of such
materials, records, or documents shall be provided to the presiding officer and
all parties, unless otherwise ordered by the presiding officer on a showing of
good cause. A party who opposes the motion shall have the opportunity to
contest the requested action.
(c)
Notification of materials proposed to be noticed. The presiding officer may
take official notice of facts, material, records or documents authorized by
APA, §2001.090. The parties shall be notified of the facts, material,
records or documents proposed to be officially noticed and shall be given the
opportunity to contest the proposed action.
(d) Judicial and Administrative Decisions,
Commission Orders, Proposals for Decision, and Presiding Officer's Orders.
Official notice shall not be taken of judicial and administrative decisions,
commission orders, proposals for decision, and presiding officer's orders for
the purpose of citing such documents as precedent or as legal support for a
position. A party may cite any part of such decisions, orders and reports in
its pleadings. Official notice may be taken of judicial and administrative
decisions, commission orders, proposals for decision, and presiding officer's
orders for evidentiary purposes.
Notes
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