| (a) If a party seeks to provide written materials to
the board, it must provide the written materials to the department
and all other parties in accordance with §215.30 of this title
(relating to Filing of Documents) and §215.49 of this title (relating
to Service of Pleadings, Petitions, Briefs, and Other Documents) at
least 21 days prior to the date of the board meeting. If a party fails
to timely provide written materials to the department or any other
party, the department shall not provide the written materials to the
board and the party shall not provide the written materials to the
board at the board meeting.
(b) For the purposes of this section, written materials
are defined as language or images that are contained in the SOAH administrative
record that are recorded in paper form. The language or images in
the written materials must be taken without changes from the administrative
record. Proposed final orders are not prohibited from being included
in a party's written materials. Written materials shall be limited
to evidence contained in the SOAH administrative record and consistent
with the scope of the board's authority to take action under Government
Code §2001.058(e) and Occupations Code, Chapter 2301. However,
any party may argue that the board should remand the case to SOAH.
(c) All information in the written materials shall
include a cite to the SOAH administrative record on all points to
specifically identify where the information is located.
(d) Written materials shall be single-sided, double-spaced,
8.5 inches by 11 inches, and at least 12-point type. Written materials
are limited to 15 pages per party. If a party provides the department
with written materials that contain more pages than the maximum allowed,
the department shall not provide the written materials to the board
and the party shall not provide the written materials to the board
at the board meeting.
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