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RULE §1.42Notice of Hearing

(a) In a contested case, each party is entitled to an opportunity:

  (1) for hearing after reasonable notice of not less than 10 days; and

  (2) to respond and to present evidence and argument on each issue involved in the case.

(b) Each notice of hearing shall include the following:

  (1) a statement of the time, place, and nature of the hearing;

  (2) a statement of the legal authority and jurisdiction under which the hearing is to be held;

  (3) a reference to the particular sections of the statutes and rules involved;

  (4) either a short, plain statement of the factual matters asserted or an attachment that incorporates by reference the factual matters asserted in the complaint or petition; and

  (5) any other statements required by law or directed by the Commission.

(c) If the Commission or a party is unable to state the factual matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. On timely written application, a more definite and detailed statement of the facts shall be submitted in writing to the Hearings Division, which shall issue an amended notice not less than seven days prior to the date set for the hearing.

(d) In a proceeding in which the Commission has the burden of proof, if the Commission intends to rely on a section of a statute or rule not previously referenced in the notice of hearing, the Hearings Division shall amend the notice to refer to the section of the statute or rule not less than seven days before the date set for the hearing. This subsection does not prohibit the Commission from filing an amended notice of hearing after the hearing has commenced. If the Commission files an amended notice of hearing after the hearing has commenced, the examiner shall grant a continuance of at least seven days at the request of any other party.

Source Note: The provisions of this §1.42 adopted to be effective August 21, 2017, 42 TexReg 4131

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