Section 12.34 - Motion Deadlines(a) The following deadlines apply to motions in which a hearing is either sought by a party or scheduled by the presiding officer: (1) motions must be filed with the commission no later than 30 days before the date of the hearing;(2) responses to motions must be filed with the commission no later than 14 days before the date of the hearing; and(3) replies to responses must be filed with the commission no later than 7 days before the date of the hearing.(b) A scheduling order containing the deadlines under this section shall be included with the notice required by section 571.126 of the Government Code. The presiding officer may amend a scheduling order upon the request of a party for good cause shown. A decision by the presiding officer to amend a scheduling order or to deny a motion, response, or evidence shall be issued to the parties to a hearing within 5 business days after the decision is made.(c) Except as otherwise provided in this chapter or as ordered or allowed by the commission, responses to motions shall be in writing and filed by the applicable deadline. However, if the presiding officer finds good cause has been shown, responses to written motions may be presented orally at hearing.(d) The presiding officer may deny a party's motions, responses, or replies or deny a party's evidence from being admitted into the record of the hearing if the party fails to timely file.1 Tex. Admin. Code § 12.34
Adopted by Texas Register, Volume 45, Number 28, July 10, 2020, TexReg 4736, eff. 7/13/2020; Adopted by Texas Register, Volume 49, Number 43, October 25, 2024, TexReg 8576, eff. 10/27/2024