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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 1GENERAL PROCEDURES
SUBCHAPTER AGENERAL RULES OF PRACTICE
RULE §1.11Pleadings

(a) All pleadings shall be typewritten or printed, double-spaced, upon paper 8 1/2 inches wide and 11 inches long with an inside margin at least one inch wide, and exhibits annexed thereto shall be folded to the same size. Reproductions are acceptable, provided all copies are clear and permanently legible.

(b) Pleadings shall state their object and shall contain a concise statement of the facts in support of the same, and shall be signed by the party, the party's attorney, or the party's authorized representative.

(c) The original of every pleading shall be signed by the party filing it, or by such party's attorney or authorized representative.

(d) All official forms, if any, for use in certain department proceedings are available upon request from the department. Such forms shall be printed when appropriate, under the supervision of the commissioner. All pleadings which are the subject of an official form shall contain the information, allegations, and other matter designated in such official form and shall conform substantially to the form thereof.

(e) All pleadings for which no official form is prescribed shall contain:

  (1) the name, mailing address, telephone number, fax number and email address, if any, of the party seeking to bring about or prevent action by the department;

  (2) the names of all other known parties in interest;

  (3) a concise statement of the facts relied upon by the pleader;

  (4) a prayer stating the type of relief, action, or order desired by the pleader;

  (5) any other matter required by statute or otherwise; and

  (6) a certificate of service, as required by §1.5 of this chapter (relating to Filing and Service of Documents).

(f) Any pleading filed pursuant to a proceeding before the department may be amended up to seven days prior to the hearing thereon if such amendment does not operate to surprise or otherwise prejudice another party to such proceeding or broaden the scope thereof. Amendments filed after such time may be allowed at the discretion of the administrative law judge.

(g) Any pleading may adopt and incorporate, by specific reference thereto, any part of any document or entry in the official files and records of the department.

(h) Upon the filing of any pleading, the administrative law judge may examine the same and determine its sufficiency under these rules. If he or she finds that the pleading does not comply in all material respects with these sections, he or she shall return it to the person who filed it, along with his or her statement of the reasons for rejecting the same. The person who filed such pleading shall thereafter have the right to file a corrected pleading, provided that the filing of such corrected pleading shall not be permitted to delay any hearing unless the administrative law judge determines that such delay is necessary in order to prevent injustice or to protect the public interest and welfare.


Source Note: The provisions of this §1.11 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective December 8, 2022, 47 TexReg 8039

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