16 Tex. Admin. Code § 22.75 - Examination and Correction of Pleadings and Documents
(a) Construction of pleadings and documents.
All documents shall be construed so as to do substantial justice.
(b) Procedural sufficiency of pleadings and
documents.
(1) Except for motions for
rehearing and replies to motions for rehearing, the filing clerk shall not
accept documents that do not comply with §
22.72 of this title (relating to
Formal Requisites of Pleadings and Documents to be Filed with the
Commission).
(2) All pleadings and
documents that do not comply in all material respects with other sections of
this chapter, shall be conditionally accepted for filing. Upon notification by
the presiding officer of a deficiency in a pleading or document, the
responsible party shall correct or complete the pleading or document in
accordance with the notification. If the responsible party fails to correct the
deficiency, the pleading or document may be stricken from the record.
(c) Notice of material
deficiencies in rate change applications. This subsection applies to
applications for rate changes filed under PURA, chapter 36, subchapter C or
chapter 53, subchapter C.
(1) Motions to find
a rate change application materially deficient shall be filed no later than 21
days after an application is filed. Such motions shall specify the nature of
the deficiency and the relevant portions of the application, and cite the
particular requirement with which the application is alleged not to comply. The
applicant's response to a motion to find a rate change application materially
deficient shall be filed no later than five working days after such motion is
received.
(2) If within 35 days
after filing of a rate change application, the presiding officer has not issued
a written order concluding that material deficiencies exist in the application,
the application shall be deemed sufficient.
(3) If the presiding officer determines that
material deficiencies exist in an application, the presiding officer shall
issue a written order within 35 days of the filing of the application
specifying a time within which the applicant shall amend its application and
correct the deficiency. The effective date of the proposed rate change will be
35 days after the filing of a sufficient application. The statutory deadlines
shall be calculated based on the date of filing the sufficient
application.
(d) Notice
of material deficiencies in applications for certificates of convenience and
necessity for electric transmission lines.
(1)
Motions to find an application for certificate of convenience and necessity for
electric transmission line materially deficient shall be filed no later than 21
days after an application is filed. Such motions shall specify the nature of
the deficiency and the relevant portions of the application, and cite the
particular requirement with which the application is alleged not to comply. The
applicant's response to a motion to find an application for certificate of
convenience and necessity for electric transmission line materially deficient
shall be filed no later than five working days after such motion is
received.
(2) If, within 35 days
after filing of an application for certificate of convenience and necessity for
electric transmission line, the presiding officer has not issued a written
order concluding that material deficiencies exist in the application, the
application shall be deemed sufficient.
(3) If the presiding officer determines that
a material deficiency exists in an application, the presiding officer shall
issue a written order within 35 days of the filing of the application
specifying a time within which the applicant shall amend its application and
correct the deficiency. Any statutory deadlines shall be calculated based on
the date of filing the sufficient application.
(4) For an application for certificate of
convenience and necessity filed under PURA § 39.203(e), a pleading
alleging a material deficiency in the application shall be filed no later than
14 days after the application is filed, and shall be served on the applicant by
hand delivery, facsimile transmission, or overnight courier delivery and on the
other parties in conformance with §
22.74(b) of this
title (relating to Service of Pleadings and Documents). The applicant shall
reply to a pleading alleging a material deficiency no later than seven days
after it is received. If the presiding officer determines that a material
deficiency exists in an application, the presiding officer shall issue a
written order within 28 days of the filing of the application ordering the
applicant to amend its application and correct the deficiency within seven
days. This order shall be served on the applicant by hand delivery, facsimile
transmission, or overnight courier delivery and on the other parties in
conformance with §
22.74(b) of this
title. If the applicant does not timely amend its application and correct the
deficiency, the presiding officer shall dismiss the application without
prejudice.
(e)
Additional requirements. Additional requirements as set forth in §
22.76 of this title (relating to
Amended Pleadings) apply.
Notes
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