reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter E - PLEADINGS AND OTHER DOCUMENTS › Section 22.77 - Motions

Current through Reg. 49, No. 28; July 12, 2024
(a) General requirements. A motion shall be
				  in writing, unless the motion is made on the record at a prehearing conference
				  or hearing. It shall state the relief sought and the specific grounds
				  supporting a grant of relief. If the motion is based upon alleged facts that
				  are not a matter of record, the motion shall be supported by an affidavit.
				  Written motions shall be served on all parties in accordance with §
										RSA
				  22.74 of this title (relating to Service of
				  Pleadings and Documents).
(b) Time
				  for response. The time for responding to motions is governed by §
										RSA
				  22.78 of this title (relating to Responsive
				  Pleadings and Emergency Action), unless otherwise provided by the presiding
				  officer, commission rule, or statute.
(c) Rulings on motions. The presiding officer
				  shall serve orders ruling on motions upon all parties, unless the ruling is
				  made on the record in a hearing or prehearing conference open to the
				  public.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter E - PLEADINGS AND OTHER DOCUMENTS › Section 22.78 - Responsive Pleadings and Emergency Action

Current through Reg. 49, No. 28; July 12, 2024
(a) General rule. Unless otherwise specified
				  by statute, by this chapter, or by order of the presiding officer, a responsive
				  pleading, if made, shall be filed by a party within five working days after
				  receipt of the pleading to which the response is made. Responsive pleadings
				  shall state the date of receipt of the pleading to which response is made.
				  Unless the presiding officer is advised otherwise, it shall be presumed that
				  all pleadings are received within five days of the filing date.
(b) Responses to complaints. Unless otherwise
				  specified by statute, by this chapter, or by order of the presiding officer,
				  responsive pleadings to complaints filed to initiate a proceeding shall be
				  filed within 21 days of the receipt of the complaint. This subsection does not
				  apply to complaints filed under PURA, chapter 36, subchapter D or chapter 53,
				  subchapter D, or for a complaint filed under TWC §
										RSA
				  13.004 (relating to Jurisdiction of Utility
				  Commission Over Certain Water Supply or Sewer Service Corporations).
(c) Emergency action. Unless otherwise
				  precluded by law or this chapter, the presiding officer may take action on a
				  pleading before the deadline for filing responsive pleadings when necessary to
				  prevent or mitigate imminent harm or injury to persons or to real or personal
				  property. Harm or injury shall also include items affecting the ability of any
				  provider to compete. Action taken under this subsection is subject to
				  modification based on a timely responsive pleading.
(d) PURA, Chapter 36, Subchapter D or Chapter
				  53, Subchapter D Investigations or Complaints. In a complaint proceeding filed
				  under PURA, chapter 36, subchapter D or chapter 53, subchapter D, the presiding
				  officer shall determine the scope of the response that the electric or
				  telecommunications utility shall be required to file, up to and including the
				  filing of a full rate filing package. The presiding officer shall also set an
				  appropriate deadline for the electric or telecommunications utility's
				  response.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter E - PLEADINGS AND OTHER DOCUMENTS › Section 22.79 - Continuances

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise ordered by the presiding officer, motions
					 for continuance of the hearing on the merits shall be in writing and shall be
					 filed not less than five days prior to the hearing. Motions for continuance
					 shall set forth the specific grounds for which the moving party seeks
					 continuance and shall make reference to all other motions for continuance filed
					 by the moving party in the proceeding. The moving party shall attempt to
					 contact all other parties and shall state in the motion each party that was
					 contacted and whether that party objects to the relief requested. The moving
					 party shall have the burden of proof with respect to the need for the
					 continuance at issue. Continuances will not be granted based on the need for
					 discovery if the party seeking the continuance previously had the opportunity
					 to obtain discovery from the person from whom discovery is sought, except when
					 necessary due to surprise or discovery of facts or evidence which could not
					 have been discovered previously through reasonably diligent effort by the
					 moving party. The presiding officer shall grant continuances agreed to by all
					 parties provided that any applicable statutory deadlines are extended as may be
					 necessary. Motions for continuances agreed to by all parties may be filed
					 within five days of the hearing on the merits, and shall state suggested dates
					 for rescheduling of the hearing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter E - PLEADINGS AND OTHER DOCUMENTS › Section 22.80 - Commission Prescribed Forms

Current through Reg. 49, No. 28; July 12, 2024
The commission may require that certain reports and
					 applications be submitted on standard forms. The commission filing clerk shall
					 maintain a complete index to and set of all commission forms. All documents
					 that are the subject of an official form shall contain all matters designated
					 in the official form and shall conform substantially to the official form.
					 Prior to the implementation of any new form or significant change to an
					 existing form, the change or new form shall be referenced in the "In Addition"
					 section of the Texas Register for public comment. For good cause, new forms or
					 significant changes to existing forms may be implemented without publication on
					 an interim basis for a period not to exceed 180 days.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter F - PARTIES › Section 22.101 - Representative Appearances

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally.
				  Any person may appear before the commission or in a hearing in person or by
				  authorized representative. The presiding officer may require a representative
				  to submit proof of his or her authority to appear on behalf of another person.
				  The authorized representative of a party shall specify the particular persons
				  or classes of persons the representative is representing in the
				  proceeding.
(b) Change in
				  authorized representative. Any person appearing through an authorized
				  representative shall provide written notification to the commission and all
				  parties to the proceeding of any change in that person's authorized
				  representative. The required number of copies of the notification shall be
				  filed in Central Records under the control number(s) for each affected
				  proceeding and shall include the authorized representative's name, address,
				  telephone number, facsimile number, and, unless the authorized representative
				  has filed a statement under §
										RSA
				  22.106 of this title (relating to Statement
				  of No Access), an email address.
(c) Lead counsel. A party represented by more
				  than one attorney or authorized representative in a matter before the
				  commission may be required to designate a lead counsel who is authorized to act
				  on behalf of all of the party's representatives, but all other attorneys or
				  authorized representatives for the party may take part in the proceeding in an
				  orderly manner, as ordered by the presiding officer.
(d) Change in information required for
				  notification or service. Any person or authorized representative appearing
				  before the commission in any proceeding shall provide written notification to
				  the commission and all parties to the proceeding of any change in their
				  address, telephone number or facsimile number. The required number of copies of
				  the notification shall be filed in Central Records under the control number(s)
				  for each affected proceeding.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter F - PARTIES › Section 22.102 - Classification of Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties.
				  Parties to proceedings before the commission shall be classified into the
				  following categories:
(1) applicants, or
				  complainants;
(2)
				  respondents;
(3) intervenors;
				  and
(4) commission staff
				  representing the public interest.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter F - PARTIES › Section 22.103 - Standing to Intervene

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission
				  staff representing the public interest. The commission staff representing the
				  public interest shall have standing in all proceedings before the commission,
				  and need not file a motion to intervene.
(b) Standing to intervene. Persons desiring
				  to intervene must file a motion to intervene and be recognized as a party under
				  §
										RSA
				  22.104 of this title (relating to Motions to
				  Intervene) in order to participate as a party in a proceeding. Any association
				  or organized group must include in its motion to intervene a list of the
				  members of the association or group that are persons other than individuals
				  that will be represented by the association or organized group in the
				  proceedings. The group or association shall supplement the list of members
				  represented in the motion at any time a member is added or deleted from the
				  list of members represented. A person has standing to intervene if that person:
(1) has a right to participate which is
				  expressly conferred by statute, commission rule or order or other law;
				  or
(2) has or represents persons
				  with a justiciable interest which may be adversely affected by the outcome of
				  the proceeding.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter F - PARTIES › Section 22.104 - Motions to Intervene

Current through Reg. 49, No. 28; July 12, 2024
(a) Necessity for
				  filing motion to intervene. Applicants, complainants, and respondents, as
				  defined in §
										RSA 22.2
				  of this title (relating to Definitions), are necessary parties to proceedings
				  which they have initiated or which have been initiated against them, and need
				  not file motions to intervene in order to participate as parties in such
				  proceedings.
(b) Time for filing
				  motion. Motions to intervene shall be filed within 45 days from the date an
				  application is filed with the commission, unless otherwise provided by statute,
				  commission rule, or order of the presiding officer. For an application for
				  certificate of convenience and necessity filed under Public Utility Regulatory
				  Act §
										RSA
				  39.203(e), motions to intervene shall be
				  filed within 30 days from the date the application is filed with the
				  commission. The motion shall be served upon all parties to the proceeding and
				  upon all persons that have pending motions to intervene.
(c) Rights of persons with pending motions to
				  intervene. Persons who have filed motions to intervene shall have all the
				  rights and obligations of a party pending the presiding officer's ruling on the
				  motion to intervene.
(d) Late
				  intervention.
(1) A motion to intervene that
				  was not timely filed may be granted. In acting on a late filed motion to
				  intervene, the presiding officer shall consider:
(A) any objections that are filed;
(B) whether the movant had good cause for
				  failing to file the motion within the time prescribed;
(C) whether any prejudice to, or additional
				  burdens upon, the existing parties might result from permitting the late
				  intervention;
(D) whether any
				  disruption of the proceeding might result from permitting late intervention;
				  and
(E) whether the public interest
				  is likely to be served by allowing the intervention.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter F - PARTIES › Section 22.105 - Alignment of Parties

Current through Reg. 49, No. 28; July 12, 2024
Parties, except for the Office of Public Utility Counsel
					 and the commission staff representing the public interest, may be aligned for
					 the purposes of participating in a hearing or portions of a hearing if the
					 parties have the same positions on issues of fact or law. To the extent
					 alignment is determined to be necessary, the presiding officer shall order
					 alignment of the parties at the earliest reasonable opportunity so as to avoid
					 unnecessary duplication of effort and to allow aligned parties an adequate
					 opportunity to prepare for hearing. The presiding officer may limit the number
					 of representatives of aligned parties who conduct cross-examination of any
					 particular witness during the hearing on the merits.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter F - PARTIES › Section 22.106 - Statement of No Access

Current through Reg. 49, No. 28; July 12, 2024
(a) Statement of no
				  access. If a person or representative of a person has no access to the internet
				  or to email, his or her first pleading in a docket shall include a signed
				  statement that:
(1) he or she has no access
				  to the internet or to email; and
(2) if circumstances change such that the
				  person or representative gains access to the internet or to email, he or she
				  agrees to:
(A) promptly notify the commission
				  in writing;
(B) provide the
				  commission with his or her email address; and
(C) become subject to the commission rules
				  governing service by email for those who have not provided a statement of no
				  access.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter G - PREHEARING PROCEEDINGS › Section 22.121 - Prehearing Conferences

Current through Reg. 49, No. 28; July 12, 2024
The presiding officer shall schedule prehearing conferences
					 as necessary for the efficient management of the proceeding. The presiding
					 officer shall conduct prehearing conferences for any appropriate purpose,
					 including consideration of the following:
(1) motions and other preliminary matters
				  related to the proceeding, including notice, discovery, and procedural
				  schedules;
(2) settlement of the
				  case, or clarification and simplification of the issues;
(3) the necessity or desirability of amended
				  pleadings;
(4) the possibility of
				  obtaining stipulations that would avoid the unnecessary introduction of
				  evidence;
(5) evidentiary matters,
				  including a request for interim relief;
(6) the specific procedures to be followed at
				  the hearing;
(7) the scheduling of
				  the hearing on the merits; and
(8)
				  any other matters as may assist in the disposition of the proceeding in a fair
				  and efficient manner.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter G - PREHEARING PROCEEDINGS › Section 22.122 - Interim Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) In general. The
				  presiding officer shall issue interim orders covering procedural and discovery
				  matters, requests for interim relief, and such other matters as may aid in the
				  conduct of the hearing and the efficient and fair disposition of the
				  proceeding. Interim orders shall be written or stated orally on the
				  record.
(b) Interim and bonded
				  rates. Interim and bonded rates are governed not by this section, but by §
										RSA
				  22.125 and §
										RSA
				  22.126 of this title (relating to Interim
				  Rate Relief; Bonded Rates).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter G - PREHEARING PROCEEDINGS › Section 22.124 - Statements of Position

Current through Reg. 49, No. 28; July 12, 2024
(a) Statements of
				  position required. Each party that has not prefiled direct testimony and,
				  insofar as its prefiled direct testimony does not address issues that a party
				  intends to litigate, each party that has prefiled direct testimony shall file a
				  statement of position no later than three working days before the start of a
				  hearing unless the presiding officer determines that such a requirement would
				  add unjustified burden and expense to the proceeding, or that a different
				  deadline should be imposed. Pursuant to §
										RSA 22.161
				  of this title (relating to Sanctions), the presiding officer may sanction any
				  party who fails to comply with the requirement that a statement of position be
				  filed.
(b) Contents of statement of
				  position. Unless otherwise provided by order of the presiding officer, the
				  statement of position shall contain the following information:
(1) a concise statement of the party's
				  position in the proceeding;
(2) a
				  concise statement of each question of fact, law, or policy the party considers
				  at issue; and
(3) a concise
				  statement of the party's position on each issue identified pursuant to
				  paragraph (2) of this subsection.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter G - PREHEARING PROCEEDINGS › Section 22.125 - Interim Relief

Current through Reg. 49, No. 28; July 12, 2024
(a) Availability.
				  Interim relief is not available for tariff filings unless the tariff filing has
				  been docketed.
(b) Requests for
				  Interim Relief. A request for interim relief shall be filed no later than 30
				  days before the interim relief is proposed to take effect, unless all parties
				  agree to a later filing date.
(c)
				  Consideration of Request for Interim Relief. Interim relief may be granted
				  based on the agreement of all parties. The presiding officer may, after notice
				  and opportunity for hearing, grant a contested request for interim relief only
				  on a showing of good cause. In determining whether good cause exists, the
				  presiding officer shall take into account:
(1) The utility's ability to anticipate the
				  need for and obtain final approval of relief prior to the time relief is
				  reasonably needed;
(2) other
				  remedies available under law;
(3)
				  changed circumstances;
(4) the
				  effect of granting the request on the parties and the public
				  interest;
(5) whether interim
				  relief is necessary to effect uniform system-wide rates; and
(6) any other relevant factors as determined
				  by the presiding officer.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter G - PREHEARING PROCEEDINGS › Section 22.126 - Bonded Rates

Current through Reg. 49, No. 28; July 12, 2024
During the pendency of its rate proceeding, a utility
					 seeking to implement rates under bond as allowed by PURA §
										RSA
					 36.110 or §
										RSA
					 53.110 or as allowed by TWC §
										RSA
					 13.187 or §
										RSA
					 13.1871 shall file the required number of
					 copies of its application for approval of bond at least two weeks prior to the
					 date the bonded rates are to be effective. The application shall conform to the
					 requirements of subchapter E of this chapter (relating to Pleadings). The bond
					 shall be in an amount equal to or greater than one-sixth of the annual
					 difference between the utility's current rates and the bonded rates. The bond
					 must be approved by the Commission Advising and Docket Management Division as
					 to sufficiency based on the commission staff's review of the utility's
					 application. Any decision by the Commission Advising and Docket Management
					 Division either approving or disapproving a bond is appealable to the
					 commission under §
										RSA
					 22.123 of this title (relating to Appeal of
					 an Interim Order and Motions for Reconsideration of Interim Order Issued by the
					 Commission).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter G - PREHEARING PROCEEDINGS › Section 22.127 - Certification of an Issue to the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Certification. The presiding officer may
				  certify to the commission an issue that involves an ultimate finding of
				  compliance with or satisfaction of a statutory standard the determination of
				  which is committed to the discretion or judgment of the commission by
				  law.
(b) Issues eligible for
				  certification. The following types of issues are appropriate for certification:
(1) the commission's interpretation of its
				  rules and applicable statutes;
(2)
				  which rules or statutes are applicable to a proceeding; or
(3) whether commission policy should be
				  established or clarified as to a substantive or procedural issue of
				  significance to the proceeding.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter H - PROCEDURAL RULES › Section 22.141 - Forms and Scope of Discovery

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope.
				  Parties may obtain discovery regarding any matter, not privileged or exempted
				  under the Texas Rules of Civil Evidence, the Texas Rules of Civil Procedure, or
				  other law or rule, that is relevant to the subject matter in the proceeding.
				  Discoverable matters include the existence, description, nature, custody,
				  condition, location and contents of any documents, including papers, books,
				  accounts, drawings, graphs, charts, photographs, maps, email, audio or video
				  recordings, and any other data compilations from which information can be
				  obtained and translated, if necessary, by the person from whom information is
				  sought, into reasonably usable form, and any other tangible things which
				  constitute or contain matters relevant to the subject matter in the action, and
				  the identity and location of persons having any knowledge of any discoverable
				  matter. Discovery is not limited to tangible things, but may extend to
				  knowledge, mental impressions, and opinions of persons who will testify;
				  explanations of documents or tangible things, or information contained therein;
				  and other relevant information within the knowledge or control of the entity
				  from whom discovery is sought. A person is not required to produce a document
				  or tangible thing unless it is within that person's constructive or actual
				  possession, custody, or control. A person has possession, custody or control of
				  a document or tangible thing as long as the person has a superior right to
				  compel the production from a third party and can obtain possession of the
				  document or tangible thing with reasonable effort.
(b) Discovery methods. Parties may obtain
				  discovery by requests for information, which include requests for inspection or
				  production of documents or things, requests for admissions, and depositions by
				  oral examination.
(c) Stipulations
				  regarding discovery procedure. The parties may, by written agreement:
(1) provide that depositions may be taken at
				  any time or place, upon any notice, and in any manner and when so taken may be
				  used like other depositions;
(2)
				  agree to extensions of time in which to respond to or object to a discovery
				  request; and
(3) modify the
				  procedures provided by this chapter for other methods of discovery.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter H - PROCEDURAL RULES › Section 22.142 - Limitations on Discovery and Protective Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Limitation of discovery requests. The
				  presiding officer may limit discovery, by order, to protect a party against
				  unreasonable or unwarranted discovery requests.
(1) The presiding officer may issue an order
				  limiting discovery requests for good cause, including the following purposes:
(A) prevention of undue delay in the
				  proceeding;
(B) protection from a
				  request to provide information which is readily available to the requesting
				  party at a reasonable cost;
(C)
				  protection from unreasonably cumulative or duplicative discovery requests;
				  or
(D) protection of a party or
				  other person from undue burden, unnecessary expense, harassment or annoyance,
				  or invasion of personal, constitutional, or property rights.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter H - PROCEDURAL RULES › Section 22.143 - Depositions

Current through Reg. 49, No. 28; July 12, 2024
(a) Governing statute. The taking and use of
				  depositions in any proceeding shall be governed by APA. A request to issue a
				  commission for deposition shall be filed no later than five working days before
				  the date of the deposition. Issuance of a commission for deposition is a
				  ministerial act and does not preclude requests for issuance of a protective
				  order pursuant to §
										RSA
				  22.142 of this title (relating to Limitations
				  on Discovery and Protective Orders).
(b) Deposition by agreement. Upon agreement
				  of the parties, parties may waive the requirement of issuance of a commission.
				  All parties shall be given no less than three working days notice of
				  depositions, including the person to be deposed, the date, time, and place of
				  the deposition, and the subject of the deposition.
(c) Copy to be provided. Upon receipt of a
				  transcript of the deposition by the party, the party conducting the deposition
				  shall provide a copy of the transcript to commission staff.
(d) Agreements. An agreement affecting a
				  deposition upon oral examination is also enforceable if the agreement is
				  recorded in the deposition transcript.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter H - PROCEDURAL RULES › Section 22.144 - Requests for Information and Requests for Admission of Facts

Current through Reg. 49, No. 28; July 12, 2024
(a) Availability. At any time after an
				  application is filed, and subject to the provisions of §
										RSA
				  22.141 of this title (relating to Forms and
				  Scope of Discovery), any party may serve upon any other party written requests
				  for information and requests for admission of fact.
(b) Making requests for information.
(1) Contents. A request under this section
				  shall identify with reasonable particularity the information, documents or
				  material sought. A request seeking inspection of documents or property shall
				  describe with reasonable particularity the documents to be produced or the
				  property to which access is requested, and shall set forth the items to be
				  inspected by individual item or by category.
(2) Service. A copy of each request for
				  information shall be served upon all parties to the proceeding. Requests for
				  information may be served by facsimile transmittal on the recipient of the
				  request if the recipient has a facsimile machine available for use in the
				  proceeding. Requests for information that are received after 3:00 p.m. shall be
				  deemed to have been received the following business day. Responses to requests
				  for information shall be served on the requesting party and any party that has
				  requested, in writing, to be served.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter H - PROCEDURAL RULES › Section 22.145 - Subpoenas

Current through Reg. 49, No. 28; July 12, 2024
(a) Issuance. Pursuant to APA,
				  §2001.089, the presiding officer may issue a subpoena for the attendance
				  of a witness or for the production of books, records, papers, or other objects.
				  Motions for subpoenas to compel the production of books, records, papers, or
				  other objects shall describe with reasonable particularity the objects desired
				  and the material and relevant facts sought to be proved by them.
(b) Service and Return. A subpoena may be
				  addressed to the sheriff or any constable, who may serve the subpoena in any
				  manner authorized by the Texas Rules of Civil Procedure; and service thereof
				  may be accepted by any witness by a written memorandum, signed by such witness,
				  attached to the subpoena, or by any other method authorized by the Texas Rules
				  of Civil Procedure.
(c) Fees.
				  Subpoenas shall be issued by the presiding officer only after sums have been
				  deposited to ensure payment of expense fees incident to the subpoenas. Payment
				  of any such fees or expenses shall be made in the manner prescribed in APA,
				  §2001.089 and §2001.103.
(d) Motions to Quash. Motions to quash
				  subpoenas shall be filed at least three working days before the date the
				  witness is ordered to appear or the documents or other objects are ordered to
				  be produced, unless the party ordered to respond to the subpoena shows that it
				  was justifiably unable to file objections at that time.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter I - SANCTIONS › Section 22.161 - Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) Enforcement of subpoenas or commissions
				  for depositions. If a person fails to comply with the subpoena or commission
				  for deposition issued by the presiding officer, the commission or the party
				  requesting the subpoena or commission for deposition may seek enforcement
				  pursuant to APA.
(b) Causes for
				  imposition of sanctions. An administrative law judge, on the administrative law
				  judge's own motion or on the motion of a party, after notice and an opportunity
				  for a hearing, may impose appropriate sanctions against a party or its
				  representative for:
(1) filing a motion or
				  pleading that was brought in bad faith, for the purpose of harassment, or for
				  any other improper purpose, such as to cause unnecessary delay or needless
				  increase in the cost of the proceeding;
(2) abusing the discovery process in seeking,
				  making or resisting discovery;
(3)
				  failing to obey an order of an administrative law judge or the
				  commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter J - SUMMARY PROCEEDINGS › Section 22.181 - Dismissal of a Proceeding

Current through Reg. 49, No. 28; July 12, 2024
(a) Dismissal
				  of a proceeding. Upon the motion of the presiding officer or the motion of any
				  party, the presiding officer may recommend that the commission dismiss, with or
				  without prejudice, any proceeding for any reason specified in this
				  section.
(b) Dismissal of issues
				  within a proceeding. Upon the motion of the presiding officer or the motion of
				  any party, the presiding officer may dismiss or may recommend that the
				  commission dismiss, with or without prejudice, one or more issues within a
				  proceeding for any reason specified in this section.
(c) Dismissal without hearing. A dismissal
				  under this section requires a hearing unless the facts necessary to support the
				  dismissal are uncontested or are established as a matter of law.
(d) Reasons for dismissal. Dismissal of a
				  proceeding or one or more issues within a proceeding may be based on one or
				  more of the following reasons:
(1) lack of
				  jurisdiction;
(2) moot questions or
				  obsolete petitions;
(3) res
				  judicata;
(4) collateral
				  estoppel;
(5) unnecessary
				  duplication of proceedings;
(6)
				  failure to prosecute;
(7) failure
				  to amend an application such that it is sufficient after repeated
				  determinations that the application is insufficient;
(8) failure to state a claim for which relief
				  can be granted;
(9) gross abuse of
				  discovery consistent with §
											RSA
				  22.161<subdiv>(b)(2)</subdiv> of
				  this title (relating to Sanctions);
(10) withdrawal of an application consistent
				  with subsection (g) of this section; or
(11) other good cause shown.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter J - SUMMARY PROCEEDINGS › Section 22.183 - Disposition by Default

Current through Reg. 49, No. 28; July 12, 2024
(a) Default. A
				  default occurs when a party who does not have the burden of proof fails to
				  appear for a hearing or request a hearing within 30 days after service of
				  notice of an opportunity for a hearing.
(b) Default order. Upon default, the
				  presiding officer may issue a default order - either a proposal for decision or
				  a final order - disposing of the proceeding without a hearing. A default order
				  requires adequate proof that:
(1) The notice
				  of the opportunity for a hearing included a disclosure in at least
				  twelve-point, bold-face type, that the factual allegations listed in the notice
				  could be deemed admitted, and the relief sought in the notice of hearing might
				  be granted by default, if the defaulting party fails to timely request a
				  hearing; and
(2) The notice of
				  opportunity for a hearing was sent by certified mail to:
(A) the party's last known address in the
				  commission's records, if the party has a license, certificate, or registration
				  approved by the commission;
(B) the
				  registered agent for process for the party on file with the Secretary of State,
				  if the party does not have a license, certificate, or registration approved by
				  the commission and is registered with the Secretary of State; or
(C) an address for the party identified after
				  reasonable investigation, if subparagraphs (A) and (B) of this paragraph do not
				  apply.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter K - HEARINGS › Section 22.201 - Place and Nature of Hearings

Current through Reg. 49, No. 28; July 12, 2024
All evidentiary hearings shall be held in Austin, unless
					 the commission determines that it is in the public interest to hold a hearing
					 elsewhere. The commission may, when it is in the public interest, hold regional
					 hearings to obtain public comment.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter K - HEARINGS › Section 22.202 - Presiding Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) Presiding
				  Officer to Conduct Hearings. Hearings in contested cases shall be conducted by
				  one or more presiding officers. The presiding officer has the decision making
				  authority set out in the commission rules, Government Code, APA, and
				  PURA.
(b) Commission May Preside
				  Over Any Hearing. The commission has the authority to conduct any prehearing
				  conference and hearing on any proceeding. The commission may conduct the entire
				  hearing, or it may preside over a hearing in progress, in which case the
				  commissioners shall read the record established to that date. Rulemaking
				  hearings may be conducted by the commission or its designee.
(c) Authority of Presiding Officer. The
				  presiding officer has broad discretion in conducting the course, conduct, and
				  scope of the hearing. The presiding officer's authority includes, but is not
				  limited to, the power to administer oaths and affirmations; call and examine
				  witnesses; receive evidence and testimony; rule upon the admissibility of
				  evidence and amendments to pleadings; issue subpoenas; issue discovery,
				  procedural, and scheduling orders; impose sanctions; compel the attendance of
				  witnesses and the production of documents; authorize the taking of depositions;
				  re-open the record, prior to the issuance of a proposal for decision, for
				  additional evidence where it is necessary to make the record correct, accurate,
				  and complete; make proposed findings of fact and conclusions of law; make
				  proposed orders; issue interim orders; recess any hearing from time-to-time;
				  abate a proceeding, and take any other action not prohibited by law or by
				  commission rule which is necessary for an efficient and fair hearing.
(d) Conduct of Hearing. The presiding officer
				  shall rule expeditiously on all motions and objections made at the hearing. The
				  presiding officer shall conduct the hearing in such a manner to secure fairness
				  in administration, eliminate unjustifiable delay, and promote the development
				  of the record consistent with the applicable laws. The presiding officer shall
				  endeavor to limit the presentation of evidence that creates an unfair
				  prejudice, confuses the issues, or causes undue delay or needless presentation
				  of cumulative evidence, and may:
(1) set
				  reasonable times for a party to present evidence, including oral testimony of
				  its own witnesses and cross-examination of other party's witnesses;
(2) establish the order in which parties will
				  present evidence and conduct cross-examination;
(3) limit the number of witnesses to avoid
				  cumulative or repetitious testimony;
(4) limit the time allowed for
				  cross-examination; and
(5) order
				  the presentation of cumulative evidence discontinued.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter K - HEARINGS › Section 22.204 - Transcript and Record

Current through Reg. 49, No. 28; July 12, 2024
(a) Preparation of
				  Transcript. When requested by any party to a proceeding, a stenographic record
				  of all proceedings before a presiding officer in any prehearing conference or
				  hearing, including all evidence and argument, shall be made by an official
				  reporter appointed by the commission. It is the responsibility of the party
				  desiring the stenographic record to arrange for the official reporter to be
				  present.
(b) Purchase of Copies. A
				  party may purchase a copy of the transcript from the official reporter at rates
				  set by the commission.
(c)
				  Corrections to Transcript. Proposed written corrections of purported errors in
				  a transcript shall be filed and served on each party of record, the official
				  reporter, and the presiding officer within a reasonable time after the
				  discovery of the error. The presiding officer may establish time limits for
				  proposing corrections. If no party objects to the proposed corrections within
				  12 days after filing, the presiding officer may direct that the official
				  reporter correct the transcript as appropriate. In the event that the presiding
				  officer or a party disagrees on suggested corrections, the presiding officer
				  may hold a posthearing conference and take evidence and argument to determine
				  whether, and in what manner, the record shall be changed.
(d) Filing of Transcript and Exhibits. The
				  court reporter shall serve the transcript and exhibits in a proceeding on the
				  presiding officer at the time the transcript is provided to the requesting
				  party. The presiding officer shall maintain the transcript and exhibits until
				  they are filed with the commission filing clerk. If no court reporter is
				  requested by a party, the presiding officer shall maintain the official record
				  and exhibits until they are filed with the commission filing clerk. The
				  original record and exhibits shall be filed with the commission filing clerk
				  promptly after issuance of a proposal for decision.
(e) Contents of Record. The record in a
				  contested case comprises those items specified in APA.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter K - HEARINGS › Section 22.205 - Briefs

Current through Reg. 49, No. 28; July 12, 2024
Briefs shall conform, where practicable, to the
					 requirements set forth for formatting pleadings in this chapter. Briefs in
					 excess of 10 pages shall contain a table of contents with page numbers stated.
					 The presiding officer may require parties to address certain issues, or address
					 issues in a specific order or format. If the legal authority cited in the
					 briefs is not contained in the commission library, a copy of the legal
					 authority shall be provided at the time the brief is filed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter K - HEARINGS › Section 22.206 - Consideration of Contested Settlements

Current through Reg. 49, No. 28; July 12, 2024
Where some of the parties have reached a settlement of some
					 or all of the issues, each party in the proceeding shall have the right to have
					 a full hearing before a presiding officer on issues that remain in dispute and
					 judicial review of issues that remain in dispute. An issue of fact raised by a
					 nonsettling party cannot be waived by a settlement or stipulation of the other
					 parties, and the nonsettling party may use the issue of fact raised by that
					 party as the basis for judicial review.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter K - HEARINGS › Section 22.207 - Referral to State Office of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
The utility division of the State Office of Administrative
					 Hearings shall conduct hearings related to contested cases before the
					 commission, other than a hearing conducted by one or more commissioners. At the
					 time SOAH receives jurisdiction of a proceeding, the commission shall provide
					 to the administrative law judge a list of issues or areas that must be
					 addressed. In addition, the commission may identify and provide to the
					 administrative law judge at any time additional issues or areas that must be
					 addressed. The commission shall send a request for setting or hearing, or
					 request for assignment of administrative law judge to SOAH in sufficient time
					 to allow resolution of the proceeding prior to the expiration of any
					 jurisdictional deadline. In order to give the commission sufficient time to
					 consider a proposal for decision, the commission may specify the length of time
					 prior to the expiration of a jurisdictional deadline by which the
					 administrative law judge shall issue a proposal for decision.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter L - EVIDENCE AND EXHIBITS IN CONTESTED CASES › Section 22.221 - Rules of Evidence in Contested Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) Rules of civil evidence apply. The Texas
				  Rules of Civil Evidence as applied in nonjury civil cases in the courts of
				  Texas shall be followed in contested cases. Irrelevant, immaterial, or unduly
				  repetitious evidence shall be excluded. When necessary to ascertain facts not
				  reasonably susceptible of proof under the Texas Rules of Civil Evidence,
				  evidence not admissible under those rules may be admitted, except where
				  precluded by statute, if it is of a type commonly relied upon by reasonably
				  prudent persons in the conduct of their affairs.
(b) Rules of privilege and exemption. The
				  rules of privilege and exemption recognized by Texas law shall apply.
(c) Objections. Objections to evidentiary
				  offers may be made, shall be ruled upon, and shall be noted in the record.
				  Failure to object to evidence at the time it is offered constitutes a waiver of
				  all objections to the evidence.
(d)
				  Formal exceptions not required. Formal exceptions to rulings made by the
				  presiding officer during a hearing are not required. It shall be sufficient
				  that the party notified the presiding officer of the grounds for the objection
				  and desired ruling.
(e) Public
				  comment. Public comment is not part of the evidentiary record of a contested
				  case.