Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 1 - PURPOSE OF RULES, GENERAL PROVISIONS › Section 1.10 - Document Filing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) All documents
				to be considered in a commission meeting or by judges in contested cases shall
				be filed with the chief clerk. Hearing requests and responses shall also be
				filed with the chief clerk.
(b) If
				a docket number has been assigned, it should appear on the first page of all
				filed documents.
(c) Documents
				shall be filed by United States mail, facsimile, hand delivery, or, when
				appropriate, the chief clerk's designated electronic filing system. If a person
				files a document by facsimile, he or she must file with the chief clerk the
				appropriate number of copies by mail or hand delivery within three days. The
				provision for electronic filing in this rule is intended to supplement other
				procedural rules of the commission that specify methods for filing but which do
				not include electronic filing as described herein.
(d) The original or one copy of a document
				shall be filed, except for documents to be considered at a commission meeting.
				For documents, other than documents filed using the chief clerk's designated
				electronic filing system, to be considered at a commission meeting, seven
				copies or fewer, as prescribed by the chief clerk or general counsel, shall be
				filed. In addition to any other applicable requirements, persons using the
				chief clerk's designated electronic filing system shall comply with
				instructions as set forth by the chief clerk on the commission's website for
				electronically filed documents regarding number of copies.
(e) For documents other than documents filed
				using the chief clerk's designated electronic filing system, the time of filing
				is upon receipt by the chief clerk as evidenced by the date stamp affixed to
				the document by the chief clerk, or as evidenced by the date stamp affixed to
				the document or envelope by the commission mail room, whichever is earlier. For
				documents filed using the chief clerk's designated electronic filing system,
				the time of filing is upon receipt by the electronic filing system, as
				evidenced by the system's confirmation email or the commission's integrated
				database.
(f) The chief clerk shall
				accept all documents presented for filing. The chief clerk's acceptance is not
				a determination that a document meets filing deadlines or other
				requirements.
(g) If the
				requirements of this section are not followed, the commission, or a judge in a
				State Office of Administrative Hearings (SOAH) proceeding, may choose not to
				consider the documents. In the absence of a waiver under subsection (h) of this
				section, the commission may choose not to consider documents filed within two
				days of a commission meeting.
(h)
				The judge may waive one or more of the requirements of this section, or impose
				additional filing requirements in SOAH proceedings. The commission or general
				counsel may waive one or more of the requirements of this section, or impose
				additional filing requirements for commission meetings.
(i) This section does not apply to offers of
				evidence during a hearing.