(a) Within 20 days after service of a notice of hearing
in a contested case or within 10 days after service of an amended
notice of hearing, a party may file a reply.
(b) A reply shall include the docket number of the
contested case and shall be filed by the party or party's authorized
representative. The original reply shall be filed with the department
and a copy shall be served on any other parties to the contested case.
(c) A party may file an amended reply prior to the
contested case hearing. In any contested case when the notice of hearing
has been amended at the contested case hearing, a party, at the discretion
of the hearing officer, shall have an opportunity to file an amended
reply.
(d) Upon the motion of a party, with good cause shown,
the department may extend the time to file a reply.
(e) All allegations shall be deemed admitted by any
party not appearing at the contested case hearing on the merits.
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Source Note: The provisions of this §215.35 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571 |