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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 1GENERAL LAND OFFICE
CHAPTER 2RULES OF PRACTICE AND PROCEDURE
SUBCHAPTER APROCEDURES FOR CONTESTED CASE HEARINGS
RULE §2.14Motions

(a) Motions for continuance shall:

  (1) be in writing, and shall set forth the specific grounds upon which the party seeks the continuance;

  (2) be filed no later than five days before the date of the hearing; except upon a showing of good cause, the administrative law judge may consider a motion filed subsequent to that time or presented orally at the hearing;

  (3) indicate that the movant has contacted the other party(ies) and whether there is opposition to the motion, or describe in detail the movant's attempts to contact the other party(ies);

  (4) if seeking a continuance to a date certain, include a proposed date or dates (preferably a range of dates) and must indicate whether the party(ies) contacted agree on the proposed new date(s); and

  (5) be served on the other party(ies) according to applicable filing and service requirements, except that a motion for continuance filed five days or fewer before the date of the hearing shall be served by hand or facsimile on the same date it is filed with the administrative hearings clerk, or by overnight delivery on the next day, unless the motion demonstrates such service is impracticable.

(b) Responses to written motions for continuance shall be in writing, except responses to written motions for continuance filed on the date of the hearing may be presented orally at the hearing. Written responses to motions for continuance shall be filed on the earlier of:

  (1) three days after receipt of the motion; or

  (2) the date and time of the hearing.

(c) All other motions shall:

  (1) be in writing;

  (2) be filed no later than seven days before the date of the hearing; except, upon a showing of good cause, the administrative law judge may consider a motion filed subsequent to that time or presented orally at a hearing;

  (3) state concisely the relief requested and be accompanied by any necessary supporting documentation; and

  (4) if seeking an extension of an established deadline shall:

    (A) include a proposed date; and

    (B) indicate that the movant has contacted the other party(ies) and whether there is opposition to the proposed date, or describe in detail the movant's attempts to contact the other party(ies).

(d) Responses to written motions other than motions for continuance shall be in writing, except responses to written motions filed on the date of the hearing may be presented orally at the hearing. Written responses to motions shall be filed on the earlier of:

  (1) five days after receipt of the motion; or

  (2) the date and time of the hearing.

(e) The filing or pendency of a motion does not alter or extend any time limit or deadline established by statute, rule or order.

(f) The administrative law judge may modify the deadlines imposed in this rule as necessary.


Source Note: The provisions of this §2.14 adopted to be effective January 9, 2003, 28 TexReg 479

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