| (a) Pleadings include notices of hearing, motions,
and exceptions. Regardless of any error in its designation, a pleading
shall be accorded its true status in the proceeding in which it is
filed.
(b) Amended and supplemental pleadings may be filed
at such time so as not to operate as a surprise on the opposing party.
(c) The administrative law judge may allow a pleading
to be amended during the contested case evidentiary hearing on the
merits and shall do so freely when the trial amendment will facilitate
determining the merits of the case but will not unduly prejudice the
objecting party.
(d) In addition to this subchapter, Texas Administrative
Code, Title 1, Part 7, Chapter 155 (relating to Rules of Procedure)
shall also govern the following matters related to pleadings:
(1) content generally of pleadings;
(2) purpose and effect of motions;
(3) general requirements for motions;
(4) responses to motions generally;
(5) motions to intervene;
(6) motions for continuance;
(7) responses to written motions for continuance; and
(8) amendment of pleadings.
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