| (a) Filing amended pleadings.
(1) Any pleading may be amended at any time before
notice of the docket as required by §22.51 of this title (relating
to Notice for Public Utility Regulatory Act, chapter 36, subchapters
C-E; chapter 51, §51.009; and chapter 53, subchapter C-E, Proceedings)
and §22.52 of this title (relating to Notice in Licensing Proceedings)
is given.
(2) After notice of a proceeding has been provided,
a pleading may be amended with leave of the presiding officer, provided
that the amended pleading is served upon all parties, is filed at
least seven days before the hearing on the merits, and does not seek
relief for which notice in accordance with this chapter has not been
provided.
(3) If an amended pleading seeks a new type of relief
for which notice in accordance with this chapter has not been provided,
the presiding officer may sever the issue from the proceeding.
(4) Any amended pleading offered for filing within
seven days of the date of hearing or thereafter will be considered
by the presiding officer only if there is a showing of good cause
for such filing and that consideration of such filing will not unduly
delay the proceeding by injecting issues to which the remaining parties
may be entitled to respond. If additional notice is required or additional
time needed for opposing parties to respond to the proposed pleading,
the presiding officer may order such additional notice or time as
is reasonable under the circumstances.
(b) Amendments to conform to issues tried at hearing
without objection. When issues not raised by the pleadings are tried
or otherwise heard or argued at hearing by express or implied consent
of the parties, upon a determination by the presiding officer that
no prejudice to any of the parties will occur, the issues shall be
treated in all respects as if they had been raised in the pleadings.
Amendment of the pleadings to conform them to the evidence may be
made with leave of the presiding officer upon any party’s motion
until the close of evidence, but failure to so amend shall not affect
whether the issues may be properly considered by the presiding officer.
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| Source Note: The provisions of this §22.76 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 23, 1999, 24 TexReg 7401; amended to be effective December 4, 2016, 41 TexReg 9472 |
