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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 1GENERAL LAND OFFICE
CHAPTER 17HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND
RULE §17.38Filing of Exceptions and Replies

(a) Any party of record may, within 10 days after service of the examiner's proposal for decision, file with the commissioner exceptions to the proposal for decision. Replies to such exceptions shall be filed within seven days after the date of the filing of exceptions. The examiner may extend the time for filing of exceptions and replies. A request for extension of time within which to file exceptions or replies shall be filed with the examiner and shall be served on all parties of record prior to the expiration of the relevant filing period. The examiner shall rule promptly on requests for extension of time and notify all parties of such ruling.

(b) Exceptions and replies to exceptions shall concisely state, with particularity, the relied upon evidence, arguments, and legal authority.

(c) Upon the expiration of the time for filing exceptions or replies to exceptions, or after such replies and exceptions have been filed and considered, the examiner's proposal for decision shall be considered by the commissioner, who shall render a decision and issue an order.


Source Note: The provisions of this §17.38 adopted to be effective April 22, 1992, 17 TexReg 2472.

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