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RULE §67.7Filing and Service of Documents and Pleadings

(a) Except as otherwise provided in these rules, documents and Pleadings relating to any Proceeding pending or to be instituted before ERS, the Board or its designee shall be filed with and/or served upon the Executive Director.

(b) Unless otherwise provided by applicable law or rule, in any Proceeding referred by the Executive Director to an Examiner to conduct a hearing, all Parties shall file documents and Pleadings initially with the Examiner. After the Examiner issues a final proposal for decision, including any responses to exceptions to the proposal for decision and replies to exceptions filed by the Parties, the Examiner no longer has jurisdiction over the Proceedings, and the Parties are then required to file all documents and Pleadings with the Executive Director. Thereafter, all Pleadings in the Proceeding shall be addressed to the Executive Director.

(c) Copies of any documents or Pleadings filed with or served upon the Executive Director or Examiner shall be served upon all other Parties to the Proceeding or their Authorized Representative contemporaneously with such filing or service.

(d) Unless otherwise stated, all documents and Pleadings required to be served on any Party may be served by any of the following methods:

  (1) hand-delivery;

  (2) certified or registered mail to the Party's or the Party's Authorized Representative's last known address;

  (3) facsimile to the Party's or the Party's Authorized Representative's current facsimile number;

  (4) electronic mail ("email") to the Party's or the Party's Authorized Representative's current email address; or

  (5) any other manner as the Executive Director or Examiner, in their discretion, may reasonably require.

(e) Service by mail shall be complete when the Pleading or document is properly addressed, postage paid and deposited in a postal box. Service by facsimile or email is complete when the Pleading or document is transmitted to the recipient's current facsimile number or email address. Service by facsimile or email after 5:00 p.m. (recipient's time) shall be considered completed service on the following date. Notwithstanding the foregoing, whenever any portion of a Pleading or document may be considered or ruled upon at a hearing, then the Party or Authorized Representative serving same shall, not less than three (3) business days prior to any hearing, take all reasonable steps to notify, by telephone, email or facsimile, all other Parties to the Proceeding as to the nature of the Pleading or document filed and the relief requested therein.

(f) The Party or Authorized Representative filing or serving any documents or Pleadings shall, by his signature, certify to the Examiner or the Executive Director the Party's compliance with these rules regarding service. The failure of any Party or Authorized Representative to comply with the rules regarding service of documents and Pleadings may be grounds for the entry of an Order striking the Pleading or document from the record or the imposition of other appropriate sanctions as specified in §67.108 of this chapter (relating to discovery sanctions).

(g) Documents and Pleadings are considered to be filed with the Executive Director or Examiner when they are received by the Executive Director or Examiner or when they are served properly, whichever is earlier.

Source Note: The provisions of this §67.7 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359; amended to be effective December 24, 2015, 40 TexReg 9302

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