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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 101ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER EAPPEALS AND HEARING PROCEDURES
DIVISION 1GENERAL RULES
RULE §101.939Pleadings

(a) In a formal appeal, all pleadings, for which no other form is prescribed, shall contain:

  (1) the name of the party making the pleading;

  (2) the names of all other known parties;

  (3) a concise statement of the facts alleged and relied upon;

  (4) a request stating the type of relief, action, or order desired;

  (5) any other matter required by law;

  (6) a certificate of service, as required by these rules; and

  (7) the signature of the party or the party's authorized representative making the pleading.

(b) Any pleading filed in a formal appeal may be amended up to 14 days before the date of the hearing. Amendments filed after that time may be accepted at the discretion of the impartial hearing officer.

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

(d) All pleadings relating to any matter pending before DARS shall be filed with the impartial hearing officer and all parties.

(e) All pleadings must be in a format and medium reasonably calculated to provide the required information and must be clear and legible.

(f) Pleadings shall contain the name, address, and telephone number of the party filing the document or the name, telephone number, and business address of the authorized representative.

(g) The party or the party's authorized representative filing the pleading shall include a signed certification that a true and correct copy of the pleading has been served on every other party.


Source Note: The provisions of this §101.939 adopted to be effective March 12, 2012, 37 TexReg 1706

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