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RULE §1.122Filing of Exceptions and Replies

(a) Any party may, within 15 days after the date of service of a proposal for decision, file exceptions to the proposal for decision. Replies to such exceptions may be filed by any other party within 10 days after the deadline for filing such exceptions. Either party may file a case summary with the party's exceptions or replies.

  (1) Exceptions and replies shall be filed with the Docket Services Section by hand delivery, first class, certified or registered mail, or commercial delivery service. The number of copies filed will be determined by the examiner as stated in the notice to the parties issued with the proposal for decision. Exceptions, replies, and case summaries may not be filed by fax or email unless permitted by the examiner or Hearings director.

  (2) All copies shall be unstapled and three-hole punched for a three-ring binder.

  (3) The filing party shall serve the exceptions or replies in accordance with §1.45 of this title (relating to Service in Protested Contested Cases).

(b) The examiner, or the parties by agreement with the examiner's approval, may lengthen or shorten the time periods set out in this section if good cause is shown. A request for extension of time within which to file exceptions or replies shall be filed with the examiner and copies shall be served by the party making such a request in accordance with §1.45 of this title. The examiner shall promptly notify the parties of any action taken and shall grant the request only if good cause is shown.

(c) The Commissioners may consider the case as soon as:

  (1) the time for filing exceptions and replies expires; or

  (2) the exceptions and replies are filed, if filed before the filing deadline.

(d) Additional filings shall not be made and will not be accepted or considered after an item has been included on a Commission open meeting agenda posted with the Secretary of State unless the filing:

  (1) exclusively concerns material circumstances or events that arose after the item was posted; or

  (2) was requested by the Commissioners, the Hearings Director, or the examiner.

Source Note: The provisions of this §1.122 adopted to be effective August 21, 2017, 42 TexReg 4131

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