| (a) Content generally. Written requests for action
in a contested case shall be typewritten or printed legibly in 8-1/2
x 11 inch format and timely filed at SOAH in accordance with the method
and format required by §155.101 of this chapter. All filings
shall contain or be accompanied by the following:
(1) the name of the party seeking action;
(2) the SOAH docket number;
(3) the parties to the case and their status as petitioner
or respondent;
(4) a concise statement of the type of relief, action,
or order desired by the pleader and identification of the specific
reasons for and facts to support the action requested;
(5) a certificate of service, as required by §155.105(a)(2)
of this chapter;
(6) any other matter required by statute or rule; and
(7) the signature of the submitting party or the party's
authorized representative.
(b) Amendment or supplementation of pleadings. A party
may amend or supplement its pleadings as follows:
(1) As to a proceeding in which a state agency has
the burden of proof and intends to rely on a section of a statute
or rule not previously referenced in the notice of hearing, the agency
must amend the notice of hearing not later than the seventh day before
the hearing. This subsection does not prohibit the state agency from
filing an amendment during the hearing provided, if requested, the
opposing party is granted a continuance of at least seven days to
prepare its case.
(2) As to all other matters in a pleading, an amendment
or supplementation that includes information material to the substance
of the hearing, requests for relief, changes to the scope of the hearing,
or other matters that unfairly surprise other parties may not be filed
later than seven days before the date of the hearing, except by agreement
of all parties or by permission of the judge.
|
| Source Note: The provisions of this §155.301 adopted to be effective November 26, 2008, 33 TexReg 9451; amended to be effective January 1, 2017, 41 TexReg 8593; amended to be effective November 29, 2020, 45 TexReg 8295 |
