| (a) Any motion relating to a pending proceeding shall,
unless made during a hearing, be written, set forth the relief or
order sought and the specific reasons and grounds therefor, and be
timely filed with the hearings clerk or other staff member primarily
responsible for legal support to the administrative law judge for
the department, in accordance with §1.5 of this chapter (relating
to Filing and Service of Documents). If the movant desires an oral
argument on the motion, the motion shall so state.
(b) A reply to such motion may be filed by any other
party to the proceeding. If the party filing a response to a motion
desires an oral argument on the motion, the reply shall so state.
A reply to a written motion shall be filed on the earlier of five
days after receipt of the motion or on the date of the hearing.
(c) If based upon matters which do not appear of record,
the motion or reply shall be supported by affidavit.
(d) When necessary in the judgment of the commissioner
or the administrative law judge, a hearing may be held to consider
any motion.
(e) The administrative law judge may issue a written
decision on a motion, state the decision on the record, or reserve
ruling until after the hearing of the case. If a ruling on a motion
is reserved until after the hearing of the case, the ruling shall
be in writing and may be included in the proposal for decision or
final order.
|
| Source Note: The provisions of this §1.12 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective December 8, 2022, 47 TexReg 8039 |
