30 Tex. Admin. Code § 1.10 - Document Filing Procedures
(a) All documents
to be considered in a commission meeting or by judges in contested cases shall
be filed with the chief clerk. Hearing requests and responses shall also be
filed with the chief clerk.
(b) If
a docket number has been assigned, it should appear on the first page of all
filed documents.
(c) Documents
shall be filed by United States mail, facsimile, hand delivery, or, when
appropriate, the chief clerk's designated electronic filing system. If a person
files a document by facsimile, he or she must file with the chief clerk the
appropriate number of copies by mail or hand delivery within three days. The
provision for electronic filing in this rule is intended to supplement other
procedural rules of the commission that specify methods for filing but which do
not include electronic filing as described herein.
(d) The original or one copy of a document
shall be filed, except for documents to be considered at a commission meeting.
For documents, other than documents filed using the chief clerk's designated
electronic filing system, to be considered at a commission meeting, seven
copies or fewer, as prescribed by the chief clerk or general counsel, shall be
filed. In addition to any other applicable requirements, persons using the
chief clerk's designated electronic filing system shall comply with
instructions as set forth by the chief clerk on the commission's website for
electronically filed documents regarding number of copies.
(e) For documents other than documents filed
using the chief clerk's designated electronic filing system, the time of filing
is upon receipt by the chief clerk as evidenced by the date stamp affixed to
the document by the chief clerk, or as evidenced by the date stamp affixed to
the document or envelope by the commission mail room, whichever is earlier. For
documents filed using the chief clerk's designated electronic filing system,
the time of filing is upon receipt by the electronic filing system, as
evidenced by the system's confirmation email or the commission's integrated
database.
(f) The chief clerk shall
accept all documents presented for filing. The chief clerk's acceptance is not
a determination that a document meets filing deadlines or other
requirements.
(g) If the
requirements of this section are not followed, the commission, or a judge in a
State Office of Administrative Hearings (SOAH) proceeding, may choose not to
consider the documents. In the absence of a waiver under subsection (h) of this
section, the commission may choose not to consider documents filed within two
days of a commission meeting.
(h)
The judge may waive one or more of the requirements of this section, or impose
additional filing requirements in SOAH proceedings. The commission or general
counsel may waive one or more of the requirements of this section, or impose
additional filing requirements for commission meetings.
(i) This section does not apply to offers of
evidence during a hearing.
Notes
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