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RULE §29.24Discovery--General

(a) The scope of discovery in contested case proceedings under this chapter is governed by APT. Unless otherwise ordered by the Administrative Law Judge, requests for disclosure, requests for admission, written interrogatories, and requests for production that are served:

  (1) prior to the time SOAH acquires jurisdiction shall be due 30 days from the date notice is received by respondent, or

  (2) at or after the time SOAH acquires jurisdiction shall be due 20 days from the date notice is received by the respondent.

(b) Any time after SOAH acquires jurisdiction, a party may deliver or have delivered to any other party a written request for admissions of facts and genuineness of documents. Requests for admission and responses to Requests for admission shall be filed with SOAH only when they become the subject of discovery disputes, or along with evidentiary exhibits if they will be used as to prove admitted or deemed admitted facts.

(c) Each matter for which an admission is requested shall be deemed admitted unless, within the time provided, the party to whom the request is directed serves upon the party requesting admissions, a sufficient written answer or objection addressed to each matter of which an admission is requested. An evasive or incomplete answer may be treated as a failure to answer.

(d) If a respondent refuses to admit a matter or the authenticity of a document which is later proved, the petitioner may include its costs incurred in making the proof under §29.29 of this title (relating to Proof of Attorney's Fees, Costs, and Expenses of the Department).

Source Note: The provisions of this §29.24 adopted to be effective May 10, 2000, 25 TexReg 4191; amended to be effective March 23, 2005, 30 TexReg 1641

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