(a) Any motion relating to a pending proceeding shall, unless made during a hearing, be written, set forth the relief or order sought and the specific reasons and grounds therefor, and be timely filed with the hearings clerk or other staff member primarily responsible for legal support to the administrative law judge for the department, in accordance with § 1.5 of this chapter (relating to Filing and Service of Documents). If the movant desires an oral argument on the motion, the motion shall so state.(b) A reply to such motion may be filed by any other party to the proceeding. If the party filing a response to a motion desires an oral argument on the motion, the reply shall so state. A reply to a written motion shall be filed on the earlier of five days after receipt of the motion or on the date of the hearing.(c) If based upon matters which do not appear of record, the motion or reply shall be supported by affidavit.(d) When necessary in the judgment of the commissioner or the administrative law judge, a hearing may be held to consider any motion.(e) The administrative law judge may issue a written decision on a motion, state the decision on the record, or reserve ruling until after the hearing of the case. If a ruling on a motion is reserved until after the hearing of the case, the ruling shall be in writing and may be included in the proposal for decision or final order.4 Tex. Admin. Code § 1.12
The provisions of this §1.12 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; Amended by Texas Register, Volume 47, Number 48, December 2, 2022, TexReg 8039, eff. 12/8/2022