| (B) Material related to contested cases transferred
to SOAH and other docketed proceedings. Central Records will maintain
one file copy that is not accessible to the public or commission staff
and one copy that may be viewed by parties who have signed an agreement
to abide by the protective order in the proceeding. Parties who have
signed an agreement to abide by the protective order in the proceeding
may view the copy of the confidential material maintained by Central
Records. The party who provides the confidential material will be
responsible for delivering one copy of confidential materials not
related to discovery to SOAH.
(C) Request for proposal for goods and/or services.
Confidential material related to a request for proposal for goods
and/or services will be delivered to the commission’s Agency
Counsel or the Agency Counsel’s authorized representative.
(D) Notwithstanding subparagraphs (A)-(C) of this paragraph,
commission employees in the Commission Advising and Docket Management
Division and in the commissioners’ offices shall sign one confidentiality
and non-disclosure agreement applicable to all proceedings. Employees
in the Commission Advising and Docket Management Division that are
assigned to a matter and employees in the commissioners’ offices
may view and check out confidential material for that matter maintained
by Central Records and may disclose such information to other employees
in the Commission Advising and Docket Management Division that are
assigned to the matter and to employees in the commissioners’
offices.
(4) Settlement negotiations. Confidential materials
related to settlement negotiations shall be delivered to Central Records.
Confidential materials related to settlement negotiations shall not
be considered part of the official record and shall not be logged
into the commission’s agency information system (AIS). The party
submitting confidential materials for settlement negotiations is responsible
for ensuring that the materials are properly labeled as required by
subparagraphs (A) and (B) of this paragraph. Confidential materials
that are not properly labeled will not be accepted by Central Records.
Central Records will ensure that the materials are delivered to the
staff person identified on the label.
(A) Confidential material related to settlement negotiations
shall be delivered in a sealed envelope identified with a label containing
the information in clauses (i) - (v) of this subparagraph:
(i) the words SETTLEMENT NEGOTIATIONS and CONFIDENTIAL
in bold print and all capitals at least one-half inch in size;
(ii) the control number;
(iii) the style of the proceeding;
(iv) name of submitting party; and
(v) name of the staff person assigned to the proceeding
who is to receive the confidential material.
(B) The submitting party’s label shall substantially
conform to the following form and shall be securely taped or adhered
only to the front of the confidential envelope:
Attached Graphic
(5) In camera review.
One copy of confidential materials related to in
camera review shall be delivered to Central Records. Confidential
materials related to in camera review
shall not be considered part of the official record and shall not
be logged into the commission’s agency information system (AIS).
The party submitting confidential materials for
in camera review is responsible for ensuring that the materials
are properly labeled as required by subparagraphs (A) and (B) of this
paragraph. Confidential materials that are not properly labeled will
not be accepted by Central Records. Central Records will ensure that
the materials are delivered to the administrative law judge or arbitrator
assigned to the proceeding.
(A) Confidential material related to in camera review shall be delivered in a
sealed envelope identified with a label containing the information
in clauses (i)-(v) of this subparagraph:
(i) the words IN CAMERA REVIEW and CONFIDENTIAL in
bold print and all capitals at least one-half inch in size;
(ii) the control number;
(iii) the style of the proceeding;
(iv) name of submitting party; and
(v) name of the administrative law judge or arbitrator
assigned to the proceeding.
(B) The submitting party’s label shall substantially
conform to the following form and shall be securely taped or adhered
only to the front of the confidential envelope:
Attached Graphic
(6) Working copies of confidential material shall be
maintained, destroyed, or returned to the providing party in conformance
with the individual protective orders in each proceeding. Record copies
of confidential material shall be maintained or destroyed as required
by the commission’s Records Retention Schedule as approved by
the Texas State Library and Archives Commission.
(e) Receipt by the commission. Pleadings and any other
documents shall be deemed filed when the required number of copies
and the electronic copy, if required, in conformance with §22.72
of this title are presented to the commission filing clerk for filing.
Reports that are exempt from being filed with the commission filing
clerk under §22.72 of this title shall be deemed received when
a record containing the data from the report is created in the system
used by the commission to store the report. The commission filing
clerk shall accept pleadings and documents if the person seeking to
make the filing is in line by the time the pleading or document is
required to be filed.
(f) No filing fee. No filing fee is required to file
any pleading or document with the commission.
(g) Office hours of Central Records and the commission
filing clerk. The office hours of Central Records are from 9:00 a.m.
to 5:00 p.m., Monday through Friday, on working days, except on Fridays
and open meeting days. On Fridays, Central Records will close for
all purposes from noon to 1:00 p.m. On open meeting days, Central
Records will open at 8:00 a.m., and the commissioners and the Commission
Advising and Docket Management Division may file items related to
the open meeting on behalf of the commissioners between the hours
of 8:00 a.m. and 9:00 a.m. No other filings will be accepted between
the hours of 8:00 a.m. and 9:00 a.m. The commissioners and the Commission
Advising and Docket Management Division shall provide the filing clerk
with an extra copy of all documents filed under this subsection for
public access.
(h) Filing deadline. All documents shall be filed by
3:00 p.m. on the date due, unless otherwise ordered by the presiding
officer.
(i) Filing deadlines for documents addressed to the
commissioners.
(1) Except as provided in paragraph (2) of this subsection,
all documents from parties addressed to the commissioners relating
to any proceeding that has been placed on the agenda of an open meeting
shall be filed with the commission filing clerk no later than seven
days prior to the open meeting at which the proceeding will be considered
provided that no party is prejudiced by the timing of the filing of
the documents. Documents that are not filed before the deadline and
do not meet one of the exceptions in paragraph (2) of this subsection,
will be considered untimely filed, and may not be reviewed by the
commissioners in their open meeting preparations.
(2) The deadline established in paragraph (1) of this
subsection does not apply if:
(A) The documents have been specifically requested
by one of the commissioners;
(B) The parties are negotiating and such negotiation
requires the late filing of documents; or
(C) Good cause for the late filing exists. Good cause
must clearly appear from specific facts shown by written pleading
that compliance with the deadline was not reasonably possible and
that failure to meet the deadline was not the result of the negligence
of the party. The finding of good cause lies within the discretion
of the commission.
(3) Documents filed under paragraph (2) of this subsection
shall be served on all parties by hand delivery, facsimile transmission,
or by overnight courier delivery.
|
| Source Note: The provisions of this §22.71 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective December 29, 1995, 20 TexReg 10765; amended to be effective June 1, 1997, 22 TexReg 4195; amended to be effective July 23, 1997, 22 TexReg 6565; amended to be effective June 15, 1998, 23 TexReg 6202; amended to be effective September 23, 1999, 24 TexReg 7401; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective July 21, 2002, 27 TexReg 6287; amended to be effective August 9, 2004, 29 TexReg 7670; amended to be effective August4, 2014, 39 TexReg 5894; amended to be effective December 4, 2016, 41 TexReg 9472 |
