(a) All pleadings shall be typewritten or printed,
double-spaced, upon paper 8 1/2 inches wide and 11 inches long with
an inside margin at least one inch wide, and exhibits annexed thereto
shall be folded to the same size. Reproductions are acceptable, provided
all copies are clear and permanently legible.
(b) Pleadings shall state their object and shall contain
a concise statement of the facts in support of the same, and shall
be signed by the party, the party's attorney, or the party's authorized
representative.
(c) The original of every pleading shall be signed
by the party filing it, or by such party's attorney or authorized
representative.
(d) All official forms, if any, for use in certain
department proceedings are available upon request from the department.
Such forms shall be printed when appropriate, under the supervision
of the commissioner. All pleadings which are the subject of an official
form shall contain the information, allegations, and other matter
designated in such official form and shall conform substantially to
the form thereof.
(e) All pleadings for which no official form is prescribed
shall contain:
(1) the name, mailing address, telephone number, fax
number and email address, if any, of the party seeking to bring about
or prevent action by the department;
(2) the names of all other known parties in interest;
(3) a concise statement of the facts 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 or otherwise;
and
(6) a certificate of service, as required by §1.5
of this chapter (relating to Filing and Service of Documents).
(f) Any pleading filed pursuant to a proceeding before
the department may be amended up to seven days prior to the hearing
thereon if such amendment does not operate to surprise or otherwise
prejudice another party to such proceeding or broaden the scope thereof.
Amendments filed after such time may be allowed at the discretion
of the administrative law judge.
(g) 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 department.
(h) Upon the filing of any pleading, the administrative
law judge may examine the same and determine its sufficiency under
these rules. If he or she finds that the pleading does not comply
in all material respects with these sections, he or she shall return
it to the person who filed it, along with his or her statement of
the reasons for rejecting the same. The person who filed such pleading
shall thereafter have the right to file a corrected pleading, provided
that the filing of such corrected pleading shall not be permitted
to delay any hearing unless the administrative law judge determines
that such delay is necessary in order to prevent injustice or to protect
the public interest and welfare.
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Source Note: The provisions of this §1.11 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective December 8, 2022, 47 TexReg 8039 |