Texas Administrative Code

Texas Administrative Code

TITLE 7	BANKING AND SECURITIES
PART 1	FINANCE COMMISSION OF TEXAS
CHAPTER 9	RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS
SUBCHAPTER B	CONTESTED CASE HEARINGS
RULE §9.21	Discovery

(a) Parties may use all permissible forms of discovery authorized in the Texas Rules of Civil Procedure in accordance with and subject to the limitations provided therein. A party may apply to the administrative law judge for issuance of a commission to take a deposition only if the parties disagree on its scheduling or scope. Procedures for obtaining a ruling on objections or on a motion to compel compliance with discovery must comply with the Rule of Civil Procedure that relates to the particular form of discovery on which a ruling is sought.

(b) A motion regarding discovery must contain a certificate that efforts to resolve the discovery dispute without intervention by the administrative law judge have been attempted and failed.

(c) Due to space limitations, parties should not file a discovery document with the administrative law judge unless the document contains information material to an issue upon which a ruling is requested or is to be introduced into evidence.

(d) In the interest of justice and for good cause shown, the administrative law judge may enter a discovery order superceding a rule of discovery that might otherwise be applicable.

Source Note: The provisions of this §9.21 adopted to be effective November 13, 1997, 22 TexReg 10951; amended to be effective March 11, 2004, 29 TexReg 2301