30 Tex. Admin. Code § 70.102 - Pleadings Other Than the Executive Director's Preliminary Report

(a) In a contested enforcement case, all pleadings for which no other form is prescribed shall contain:

(1) the name of the party seeking to bring about or prevent action by the commission;

(2) the names of all other known parties;

(3) a concise statement of the facts and the law relied upon by the pleader;

(4) a prayer stating the type of relief, action, or order desired by the pleader;

(5) any other matter required by statute;

(6) a certificate in accordance with § 1.11 of this title (relating to Service on Judge, Parties, and Interested Persons), showing service; and

(7) the signature of the submitting party or the party's authorized representative.

(b) All pleadings shall include the docket number assigned the case by the chief clerk and shall be served on the parties in accordance with Chapter 1 of this title (relating to Purpose of Rules, General Provisions).

(c) Within seven days of the date of the evidentiary hearing, parties may file pleadings, supplemental or amended, so long as these pleadings do not operate as a surprise to the opposite party. Pleadings filed after the seventh day before the evidentiary hearing shall be filed only after leave of the judge is obtained. Leave shall be granted by the judge unless there is a showing that such filing will operate as a surprise to the opposite party. Late-filed amendments may constitute grounds for a continuance.

(d) The executive director may amend an EDPR by filing a petition with the chief clerk, in which the executive director may make such changes as the law allows, including, but not limited to, changes in the following: the amount of the penalty, up to the maximum allowable by statute; the violations alleged, to include any or all violations which are not precluded by law from being brought; the number of days of occurrence of previously alleged violations; and the injunctive relief (or remedial ordering provisions) sought. The right to change the violations alleged includes the right to add causes of action based on statutes within the commission's jurisdiction other than the one or ones upon which the EDPR in the case was based. In addition, the executive director may also amend to add or non-suit parties to the contested enforcement case. Petitions are pleadings and shall be served on the parties in accordance with this Chapter and Chapter 1 of this title.

(e) Any pleading may adopt and incorporate, by specific reference thereto, any part of any document or entry in the official files and records of the agency. Copies of the relevant portions of such documents must be attached to the pleadings.

Notes

30 Tex. Admin. Code § 70.102

The provisions of this §70.102 adopted to be effective June 6, 1996, 21 TexReg 4753; amended to be effective July 7, 1999, 24 TexReg 5017