| (a) General rule. Unless otherwise specified by statute,
by this chapter, or by order of the presiding officer, a responsive
pleading, if made, shall be filed by a party within five working days
after receipt of the pleading to which the response is made. Responsive
pleadings shall state the date of receipt of the pleading to which
response is made. Unless the presiding officer is advised otherwise,
it shall be presumed that all pleadings are received within five days
of the filing date.
(b) Responses to complaints. Unless otherwise specified
by statute, by this chapter, or by order of the presiding officer,
responsive pleadings to complaints filed to initiate a proceeding
shall be filed within 21 days of the receipt of the complaint. This
subsection does not apply to complaints filed under PURA, chapter
36, subchapter D or chapter 53, subchapter D, or for a complaint filed
under TWC §13.004 (relating to Jurisdiction of Utility Commission
Over Certain Water Supply or Sewer Service Corporations).
(c) Emergency action. Unless otherwise precluded by
law or this chapter, the presiding officer may take action on a pleading
before the deadline for filing responsive pleadings when necessary
to prevent or mitigate imminent harm or injury to persons or to real
or personal property. Harm or injury shall also include items affecting
the ability of any provider to compete. Action taken under this subsection
is subject to modification based on a timely responsive pleading.
(d) PURA, Chapter 36, Subchapter D or Chapter 53, Subchapter
D Investigations or Complaints. In a complaint proceeding filed under
PURA, chapter 36, subchapter D or chapter 53, subchapter D, the presiding
officer shall determine the scope of the response that the electric
or telecommunications utility shall be required to file, up to and
including the filing of a full rate filing package. The presiding
officer shall also set an appropriate deadline for the electric or
telecommunications utility’s response.
|
| Source Note: The provisions of this §22.78 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective September 23, 1999, 24 TexReg 7401; amended to be effective December 4, 2016, 41 TexReg 9472 |
