| (3) The court reporter shall provide the transcript
and exhibits to the judge at the same time the transcript is provided
to the requesting party. SOAH shall maintain the transcript and exhibits
until they are released to the PUC by the judge. If no court reporter
was requested by a party, SOAH shall maintain the recording of the
hearing and the exhibits until they are released to the PUC by the
judge.
(d) Method of filing in cases referred by the TCEQ.
(1) Except for exhibits offered at a prehearing conference
or hearing, the original of all documents shall be filed with the
TCEQ's chief clerk in accordance with the TCEQ rules.
(2) The time and date of filing of these materials
shall be determined by the file stamp affixed by the chief clerk,
or as evidenced by the file stamp affixed to the document or envelope
by the TCEQ mail room, whichever is earlier.
(3) The party filing a document with the TCEQ (except
documents provided in the discovery process that are not the subject
of motions filed in a discovery dispute) shall serve the judge with
a copy of the document by delivery to SOAH on the same day as the
filing by electronically filing the document in accordance with the
method and format required by subsection (b) of this section.
(4) The court reporter shall provide the transcript
and exhibits to the judge at the time the transcript is provided to
the requesting party. SOAH shall maintain the transcript and exhibits
until they are released to the TCEQ by the judge. If no court reporter
was requested by a party, SOAH shall maintain the recording of the
hearing and the exhibits until they are released to the TCEQ by the
judge.
(e) Method of filing in matters referred for mediation
or mediator evaluation.
(1) Documents or communications relating to matters
referred for mediation, or for evaluation by a mediator to determine
if mediation is appropriate, shall not be filed with SOAH's docketing
department, except to the extent the following items are required
for SOAH's administration of alternative dispute resolution procedures:
(A) A request for ADR as described in §155.53
of this chapter, if the matter is initially referred for mediation
only;
(B) An order of the judge referring a case for evaluation
or mediation, if the matter was initially referred for a contested
case hearing;
(C) Any letter or notice issued by a SOAH mediator,
providing the parties with notice of assignment of a SOAH mediator
and/or setting the date and time for the evaluation or mediation;
(D) Any motion or other request of the parties seeking
cancellation of the evaluation or mediation;
(E) The mediator's report, which shall include only
the information as described in §155.351(f)(3) of this chapter;
(F) The evaluator's written recommendation described
in §155.351(b)(3) of this chapter; and
(G) Any administrative dismissal of the matter from
SOAH's docket.
(2) Documents filed with SOAH's docketing department
as described in paragraph (1) of this subsection are subject to public
disclosure, and shall not contain any confidential information relating
to the subject matter of the dispute.
(3) All other documents or communications relating
to the mediation or evaluation, except those described in paragraph
(1) of this subsection, must be provided to the SOAH mediator and/or
exchanged between the parties in a manner approved by the SOAH mediator.
|
| Source Note: The provisions of this §155.101 adopted to be effective January 1, 2017, 41 TexReg 8593; amended to be effective September 8, 2019, 44 TexReg 4691; amended to be effective November 29, 2020, 45 TexReg 8295; amended to be effective September 1, 2021, 46 TexReg 5381 |
