In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: (Tex.2010) (orig. proceeding). Failure to exhaust administrative remedies creates a jurisdictional bar to proceeding with the claim. See City of Waco v. Lopez, 259 S.W.3d 147, 154 (Tex.2008) (“[Njoncompliance [with Chapter 21’s administrative procedures] deprives courts of subject-matter, jurisdiction.”); Smith v. Univ. of Tex. Sw. Med. Ctr. of Dallas, 101 S.W.3d 185, 188 (Tex.App.-Dallas 2003, no pet.). A would-be Chapter 21 claimant must first file an administrative complaint with the civil rights division of the Texas Workforce Commission. See Tex. Lab.Code Ann. § 21.201(a) .(stating that an aggrieved person “may file a complaint with the commission”); id. § 21.0015 (defining “commission” as “the Texas Workforce ■Commission civil rights division”); Schroeder, 813 S.W.2d at 486-88 (<HOLDING>). The complaint must be filed “not later than 
 Holding statements: (A) holding use of word may generally indicates permissive rather than mandatory intent (B) holding that a states use of the word shall is mandatory language (C) holding that exhaustion is mandatory and jurisdictional (D) holding that administrative exhaustion is mandatory despite legislatures use of the word may (E) recognizing that exhaustion is mandatory and jurisdictional

Answer: holding use of word may generally indicates permissive rather than mandatory intent


Question: by [the motorist].” Freitas II, 108 Hawai'i at 44, 116 P.3d at 686 (citing Desmond, 91 Hawai'i at 219, 982 P.2d at 353) (brackets in original). In Desmond, the ICA noted that “it is advisable that, at the commencement of the administrative hearing, the Hearing Officer inform the parties what procedure he or she will follow.” 91 Hawai'i at 219, 982 P.2d at 353 (emphasis added). In rejecting Freitas’s argument, this court observed that “procedural due process requires that a person have an ‘opportunity to be heard at a meaningful time and in a meaningful manner.’ ” 108 Hawai'i at 44, 116 P.3d at 686 (quoting Farmer v. Admin. Dir. of the Courts, 94 Hawai'i 232, 238, 11 P.3d 457, 463 (2000)); cf. Padilla-Agustin v. Immigration & Naturalization Serv., 21 F.3d 970, 974 (9th Cir.1994) (<HOLDING>). Since the hearing officer had advised Freitas 
 Holding statements: (A) holding that due process requires not only notice but sufficient information to allow petitioner to prepare and present objection to the agencys preliminary action or decision (B) holding that notice to the attorney of record constitutes notice to the petitioner (C) holding that constitutional due process in civil contempt proceedings requires notice and a hearing but not the right to counsel (D) holding that due process requires a hearing appropriate to the nature of the case (E) holding that due process requires that notice be reasonably calculated under all circumstances to provide parties with notice of the pending action

Answer: holding that notice to the attorney of record constitutes notice to the petitioner


Question: and the Cobra Limited have two sets of two twisted pairs, each set having a unique insulation thickness. Moreover, in these cables, each twisted pair has a twist lay that is different from each other pair. Instead, Superior Essex argues that Belden has not demonstrated that the insulation thickness for each group “is consistent with providing a nominal characteristic impedance for each conductor pair of the ... group within desirable limits and an acceptable signal attenuation” as required by the claim language. This eonelusory statement, lacking any citation to the record that would indicate the presence of a dispute in this regard, does not create a genuine issue of material fact. See Barmag Barmer Maschinenfabrik AG v. Murata Machinery, Ltd., 731 F.2d 831, 835-36 (Fed. Cir.1984) (<HOLDING>). Accordingly, judgment that the aforementioned 
 Holding statements: (A) holding nonmoving partys affidavit created genuine issue of material fact as to the existence of an employment relationship (B) holding that mere allegations do not create a material issue of fact if the nonmovant cannot point to an evidentiary conflict created on the record at least by a counter statement of a fact or facts set forth in detail in an affidavit by a knowledgeable affiant (C) holding that a plaintiff cannot create an issue of material fact to defeat summary judgment through an affidavit that contradicts prior testimony (D) holding that a speculative affidavit which contained mere conjecture was insufficient to create a genuine issue of material fact for trial (E) recognizing that affidavit cannot create issue of material fact if it conflicts with affiants interrogatory responses but finding no conflict in that particular case

Answer:
holding nonmoving partys affidavit created genuine issue of material fact as to the existence of an employment relationship