reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter C - GIFTS TO THE COMMISSION › Section 20.201 - Gifts to the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions. The following words and terms when used in this section shall have
				  the following meanings, unless the context clearly indicates otherwise.
(1) Commission--The Railroad Commission of
				  Texas.
(2) Commissioner--A member
				  of the commission.
(3) Contested
				  case--A proceeding, including a ratemaking or licensing proceeding, in which
				  the legal rights, duties or privileges of a party are to be determined by the
				  commission after an opportunity for adjudicative hearing. For purposes of this
				  section, the term does not include matters that are handled administratively
				  without a hearing.
(4) Decision in
				  a contested case--That final order of the commission that disposes of all
				  issues in a contested case.
(5)
				  Director--The Director of Finance and Administration.
(6) Division director--The director of any
				  commission division.
(7)
				  Employee--A full-time or part-time employee of the commission.
(8) Gift--A donation of money, property, or
				  other assistance conveyed to the commission and over which the commission has
				  complete title, control, or discretion. The term does not include items that
				  are temporarily in the commission's possession for testing or research
				  purposes; a non-employee's participation as a speaker or presenter in a
				  commission-sponsored conference or seminar; or payments made pursuant to Texas
				  Natural Resources Code, §
											RSA
				  89.084.
(9) Inception of the case--The date an
				  application, complaint, petition, statement of intent, or other request for
				  commission action, ruling, or relief is determined to require a hearing or the
				  date a matter is referred to the Office of General Counsel, whichever is
				  earlier.
(10) Money--Cash or
				  negotiable instruments.
(11) Other
				  assistance--The gift of personnel or expertise in a particular professional or
				  technical area.
(12) Party--A
				  person or a state agency named or admitted as a party to a contested case
				  pending before the commission.
(13)
				  Person--An individual; a partnership, limited partnership, joint venture,
				  cooperative, corporation, association, or any other business organization or
				  entity; a trust; an estate; a public or private institution of higher
				  education; or a state agency, county, municipality, council of government,
				  school district or other governmental subdivision.
(14) Property--Real property or personal
				  property, both tangible and intangible.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter D - ELECTRONIC COMPLIANCE AND APPROVAL PROCESS (ECAP) › Section 20.301 - Electronic Compliance and Approval Process (ECAP) Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The following words and terms, when used in this section, shall have the
				  following meanings, unless the context clearly indicates otherwise.
(1) Chairman--The Chairman of the
				  Commission.
(2) Commission--The
				  Railroad Commission of Texas.
(3)
				  Committee--The Electronic Compliance and Approval Process (ECAP) Advisory
				  Committee of the Commission.
(4)
				  Director--The Director of the Oil and Gas Division.
(5) Division--The Oil and Gas Division of the
				  Commission.
(6) ECAP--Electronic
				  Compliance and Approval Process.
(7) Electronic commerce industry
				  representative--A member of the committee whose primary business is the
				  development and implementation of systems and processes for electronic
				  commerce.
(8) Fiscal
				  year--September 1 of a year through August 31 of the following year.
(9) Independent industry representative--A
				  member of the committee who is engaged in the business of non-integrated oil
				  and gas operations, or who represents operators of such companies.
(10) Major industry representative--A member
				  of the committee who is engaged in the business of oil and gas operations for a
				  fully integrated company, or who represents operators of such oil and gas
				  companies.
(11) Member--A major or
				  independent industry representative, an electronic commerce industry
				  representative, a representative of users of Commission data, or a
				  representative of another category or interest appointed by the Commission who
				  serves on the committee.
(12)
				  Presiding officer--The chair of the committee.
(13) Participant--A person who is not a
				  member of the committee, but participates on the committee for the purpose of
				  advising and/or providing expertise in a particular subject area and performing
				  the work assigned to the committee by the Commission. Participants may include:
				  consumers who are end users or representatives of end users of the information
				  filed at or maintained by the Commission; technicians who provide technical
				  support for oil and gas exploration and production operations; staff who are
				  employees of the Commission; and contractors whom the Commission has engaged to
				  perform particular work.
(14) User
				  of Commission data--A person who obtains Commission data for his or her own use
				  or for resale to others or who represents such persons.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter E - VEHICLE MANAGEMENT › Section 20.401 - Agency Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  section implements the provisions of Texas Government Code, §
										RSA
				  2171.1045, concerning the use and management
				  of state agency vehicles, and the provisions of the State Vehicle Management
				  Plan adopted by the State Council on Competitive Government on October 11,
				  2000. The plan may be viewed at the web site of the General Services Commission
				  at www.gsc.state.tx.us/fleet, or any successor site that may be created by the
				  Texas Building and Procurement Commission.
(b) Vehicles, with the exception of vehicles
				  assigned to field employees, are assigned to the Railroad Commission's motor
				  pool and shall be available for checkout by a Commission employee.
(c) The Commission may assign a vehicle to an
				  individual administrative or executive employee on a regular or everyday basis
				  only if there is a documented finding that the assignment is critical to the
				  needs and mission of the Commission.
(d) A Commission employee is prohibited from
				  bidding on a surplus vehicle if the employee has been involved in the
				  inspection of the vehicle.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter E - VEHICLE MANAGEMENT › Section 20.405 - Inscriptions on Railroad Commission of Texas Vehicles

Current through Reg. 49, No. 28; July 12, 2024
Under Texas Transportation Code, §
										RSA
					 721.003<subdiv>(a)(8)</subdiv>,
					 vehicles assigned to and used by district office field personnel are exempt
					 from bearing the inscription required in Texas Transportation Code, §
										RSA
					 721.002. These Commission vehicles are used
					 in regulatory and administrative activity, including inspections and
					 investigations which require that the Railroad Commission of Texas personnel be
					 able to accomplish their tasks undetected.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter F - METHODS OF MAKING PAYMENTS TO THE COMMISSION › Section 20.501 - Payment of Convenience Fees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Authority. As permitted by Texas Civil Statutes, Article 6447n, the Commission
				  authorizes payment of regulatory fees, fines, penalties, and charges for goods
				  and services by means of an electronic payment method or a credit card issued
				  by a financial institution chartered by a state or the United States or issued
				  by a nationally recognized credit organization approved by the Commission.
				  Payment by an authorized method may be made in person, by telephone, or through
				  the Internet. A person who makes a payment to the Commission by means of an
				  electronic payment method or credit card shall pay a convenience fee in an
				  amount reasonable and necessary to reimburse the Commission for the costs
				  involved in processing the payment.
(b) Definitions. The following words and
				  terms, when used in this subchapter, shall have the following meanings, unless
				  the context clearly indicates otherwise.
(1)
				  Commission--The Railroad Commission of Texas.
(2) Convenience fees--An additional charge by
				  the Commission collected from the payer to cover the cost of credit card
				  merchant fees, Internet transactions, and/or other charges associated with
				  non-cash payments.
(3) Electronic
				  payment--Non-cash payment made to the Commission over the Internet or
				  otherwise.
(4) Electronic
				  processing--The required use of an electronic processing system owned by
				  financial institution chartered by a state or the United States or issued by a
				  nationally recognized credit organization approved by the Commission to make a
				  payment to the Commission.
(5)
				  Merchant fees--Charges by a third party to the Commission for the electronic
				  processing of non-cash payments, which can include both flat fees and charges
				  based on a percentage of the total payment amount.
(6) Non-cash payments--The use of credit
				  cards, debit cards, charge cards, or other payment methods offered by a
				  financial institution chartered by a state or the United States or issued by a
				  nationally recognized credit organization approved by the Commission.
(7) Payments--Regulatory fees, fines,
				  penalties, and charges for goods and services paid to the Commission.
(8) Payer--Any entity making a payment to the
				  Commission.
(9) Refunds--Payments
				  returned by the Commission to the payer.
(10) Transaction fees--Charges incurred by
				  the Commission to cover the cost of processing debit card, credit card,
				  Internet, and other non-cash transactions. These include the charges incurred
				  by the Commission for Texas Online Internet payment processing
				  services.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter G - EMPLOYEE TRAINING AND EDUCATION PROGRAM › Section 20.601 - Employee Training and Education Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope of program. The rules in this
				  subchapter establish the Commission's employee training and education program.
				  The program consists of in-service instruction, as set forth in §
										RSA
				  20.602 of this title (relating to In-Service
				  Instruction); staff development training, as set forth in §
										RSA
				  20.603 of this title (relating to Staff
				  Development); the tuition reimbursement program as set forth in §
										RSA
				  20.604 of this title (relating to Tuition
				  Reimbursement Program); and required training as set forth in §
										RSA
				  20.605 of this title (relating to Required
				  Training). Employees are eligible to participate in the Commission's training
				  and education program to increase their job-related knowledge and skills,
				  without regard to race, color, religion, sex, age, national origin, disability,
				  or veteran status.
(b) Purpose. The
				  Commission's employee training and education program shall relate to an
				  employee's job duties following the training. The Commission's objectives for
				  the employee training program include:
(1)
				  developing and retaining a well-trained and competent staff;
(2) acquainting employees with new technical,
				  legal, or security developments;
(3) motivating employees and stimulating
				  their involvement and participation in Commission work;
(4) assisting employees in achieving their
				  maximum potential and usefulness to the Commission; and
(5) improving the efficiency and economy of
				  state government.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter G - EMPLOYEE TRAINING AND EDUCATION PROGRAM › Section 20.602 - In-Service Instruction

Current through Reg. 49, No. 28; July 12, 2024
(a) New
				  employee orientation. The Commission provides a program of instruction for
				  agency employees, including new employee orientation.
(b) Training on policies prohibiting
				  discrimination. Within 30 days of the date of employment, each employee shall
				  attend an orientation session containing information on the Commission's
				  policies and procedures, including information on discrimination and sexual
				  harassment. Each employee shall attend supplemental training on discrimination,
				  including sexual harassment, every two years.
(c) Other instruction. In-service instruction
				  includes but is not limited to:
(1) technical
				  courses that provide technical knowledge and skill requirements for effective
				  job performance in a specific classification series, such as hazardous
				  materials training;
(2)
				  computer-related basic and advanced courses for desktop applications, as well
				  as advanced courses for information technology professionals and other staff
				  who use advanced computer applications;
(3) information and data security training
				  that offer best practices for ensuring the security and integrity of the
				  Commission's information resources; and
(4) safety training, such as disaster
				  preparedness, basic first aid, highway and traffic safety, and office safety
				  and health that are offered to all employees.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter G - EMPLOYEE TRAINING AND EDUCATION PROGRAM › Section 20.603 - Staff Development

Current through Reg. 49, No. 28; July 12, 2024
(a) Work
				  related. The Commission may pay for an employee to attend a workshop, seminar,
				  conference, institute, or continuing education course that is related to a
				  current or prospective duty assignment. An employee's request to attend a staff
				  development program shall have been approved in advance by the employee's
				  supervisor and division director.
(b) Licensing requirement. An employee's
				  participation in a continuing education course or program that is required for
				  an employee to maintain a professional license shall be considered a priority
				  in allocating a division's training budget if the professional license is a
				  requirement of the employee's job.
(c) Use of accrued leave. Attendance at an
				  approved staff development program shall be considered part of the employee's
				  normal work duties, and the employee shall not be required to use accrued leave
				  to attend.
(d) Travel expenses. The
				  Commission may reimburse travel expenses incurred by employees attending a
				  staff development program. In that event, the expenses shall be reimbursed
				  according to current Commission policy regarding employee travel.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter G - EMPLOYEE TRAINING AND EDUCATION PROGRAM › Section 20.604 - Tuition Reimbursement Program

Current through Reg. 49, No. 28; July 12, 2024
(a) General provisions.
(1) As used in this section, "training" means
				  instruction, teaching, or other education received by a Commission employee
				  that is not normally received by other Commission employees and that is
				  designed to enhance the ability of the employee to perform his or her job. The
				  term includes a course of study at an institution of higher education or a
				  private or independent institution of higher education as defined by Texas
				  Education Code, §
											RSA
				  61.003.
(2) The tuition reimbursement program does
				  not include training required either by state or federal law or that is
				  determined necessary by the Commission and offered to all employees of the
				  Commission performing similar jobs. In-service instruction and staff
				  development, as set forth in §§20.602 and 20.603 (relating to
				  In-Service Instruction and Staff Development, respectively) are not part of the
				  tuition reimbursement program.
(3)
				  A Commission employee may participate in the tuition reimbursement program
				  without regard to the employee's race, color, religion, sex, age, national
				  origin, disability, or veteran status, provided that the employee meets the
				  qualifications set forth in subsection (b) of this section.
(4) An employee has neither a right to
				  reimbursement, even if the employee meets the qualifications of the tuition
				  reimbursement program, nor a guarantee that budgeted amounts will be available
				  at all times in a fiscal year. The funds available to any one employee for
				  tuition reimbursement shall not exceed $1,200 per fiscal year.
(5) The Commission shall not reimburse
				  employees for:
(A) any tuition or
				  registration costs, mandatory fees, and expenses for books and other written
				  materials that are covered by scholarships, grants, or other awarded
				  funds;
(B) costs other than tuition
				  or registration costs, mandatory fees, and expenses for books and other written
				  materials;
(C) auditing a course;
				  or
(D) any federal income taxes
				  incurred because of the Commission's reimbursement of costs pursuant to this
				  subchapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 20 - ADMINISTRATION › Subchapter G - EMPLOYEE TRAINING AND EDUCATION PROGRAM › Section 20.605 - Required Training

Current through Reg. 49, No. 28; July 12, 2024
(a) Required
				  training or education. Pursuant to Texas Government Code, §
										RSA
				  656.045, the Commission may require an
				  employee to attend, as all or part of the employee's duties, a training or
				  education program if the training or education is related to the employee's
				  duties or prospective duties.
(b)
				  Use of funds. The Commission may spend public funds as appropriate to pay the
				  salary, tuition and other fees, travel and living expenses, training stipend,
				  the expense of training materials, and other necessary expenses of an employee
				  who is required to participant in a training or education program.
(c) Use of Commission resources. An employee
				  who is engaged in training pursuant to this section and who does not perform
				  his or her regular duties for three or more months as a result of the training:
(1) may use Commission equipment or resources
				  such as personal computers, printers, copiers, fax machines, e-mail, internet
				  connections, etc.; and
(2) may be
				  required by the supervisor or division director to use a Commission vehicle to
				  attend the training.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 21.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  chapter establishes procedures for approving interconnection agreements and
				  resolving open issues pursuant to the Federal Telecommunications Act of 1996
				  (FTA) §252.
(b) Scope.
(1) This chapter shall govern the initiation,
				  conduct, and determination of dispute resolution proceedings, whether
				  instituted by order of the commission, order of the presiding officer, or by
				  request of a party.
(2) This
				  chapter shall not be construed so as to enlarge, diminish, modify, or otherwise
				  alter the jurisdiction, powers, or authority of the commission, commission
				  staff, or the substantive rights of any person.
(3) To the extent that any provision of this
				  chapter is in conflict with any statute or substantive rule of the commission,
				  the statute or substantive rule shall control.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 21.5 - 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 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, email address, and facsimile number.
(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, facsimile number, or email address. 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 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 21.7 - Standards of Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) Standards of
				  conduct for parties.
(1) Every person
				  appearing in any proceeding shall comport himself or herself with dignity,
				  courtesy, and respect for the commission, presiding officer, and all other
				  persons participating in the proceeding. Professional representatives shall
				  observe and practice the standard of ethical and professional conduct
				  prescribed for their professions. In particular, lawyers are reminded of their
				  responsibilities under the Texas Disciplinary Rules of Professional Conduct,
				  §§3.01, 3.02, 3.03 and 3.04.
(2) Upon a finding of a violation of
				  paragraph (1) of this subsection, any party, witness, attorney, or other
				  representative may be excluded by the presiding officer from the proceeding in
				  which the violation transpired for such period and upon such conditions as are
				  just, or may be subject to sanctions in accordance with §
											RSA 21.71 of
				  this title (relating to Sanctions). A decision by a presiding officer to
				  exclude a party, witness, attorney, or other representative shall be subject to
				  immediate appeal to the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 21.9 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) Counting days.
(1) Except for computation of the arbitration
				  window under Federal Telecommunications Act of 1996 (FTA), in computing any
				  period of time prescribed or allowed by this chapter, by order of the
				  commission or any presiding officer, or by any applicable statute, the period
				  shall begin on the day after the act, event, or default in question. The period
				  shall conclude on the last day of the designated period unless that day is a
				  day the commission is not open for business, in which event the designated
				  period runs until the end of the next day on which the commission is open for
				  business. The commission shall not be considered to be open for business on
				  state holidays on which only a skeleton crew is required.
(2) In computing the window for arbitration
				  under FTA, the arbitration window shall be computed inclusive of the 135th and
				  160th day of the party's receipt of a request for negotiation under FTA
				  §252.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 21.11 - Suspension of Rules and Good Cause Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a) Suspension. The commission may suspend
				  the operation of one or more of the sections in this chapter if there exists a
				  public emergency or imperative public necessity and the commission ascertains
				  that suspension will best serve the public interest and will not prejudice the
				  rights of any party.
(b) Good cause
				  exception. Notwithstanding any other provision of this chapter or Chapter 22 of
				  this title (relating to Practice and Procedure), except where prohibited by
				  statute, the presiding officer or the commission may grant exceptions to any
				  requirement in this chapter or in a commission-prescribed form for good
				  cause.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - PLEADINGS, DOCUMENTS, AND OTHER MATERIALS › Section 21.31 - Filing of Pleadings, Documents, and Other Materials

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  all pleadings as defined in §
										RSA 21.3
				  of this title (relating to Definitions) and the following documents:
(1) letters or memoranda relating to any item
				  with a control number;
(2)
				  discovery requests and responses; and
(3) Decision Point List (DPL)
				  filings.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - PLEADINGS, DOCUMENTS, AND OTHER MATERIALS › Section 21.33 - Formal Requisites of Pleadings and Documents to be Filed with the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section applies to all pleadings as defined in §
										RSA 21.3
				  of this title (relating to Definitions) and the following documents:
(1) Letters or memoranda relating to any item
				  with a control number;
(2) Reports
				  pursuant to commission rules or request of the commission;
(3) Discovery requests; and
(4) Decision Point List (DPL)
				  filings.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - PLEADINGS, DOCUMENTS, AND OTHER MATERIALS › Section 21.35 - Service of Pleadings and Documents

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pleadings and Documents submitted to a presiding officer. At or before the time
				  any document or pleading regarding a proceeding is submitted by a party to a
				  presiding officer, a copy of such document or pleading shall be filed with the
				  commission filing clerk and served on all parties. These requirements do not
				  apply to documents which are offered into evidence during a hearing or which
				  are submitted to a presiding officer for in camera inspection; provided,
				  however, that the party submitting documents for in camera inspection shall
				  file and serve notice of the submission upon the other parties to the
				  proceeding. Pleadings and documents submitted to a presiding officer during a
				  hearing, prehearing conference, or open meeting shall be filed with the
				  commission filing clerk as soon as is practicable.
(b) Methods of service. Except as otherwise
				  expressly provided by order, rule, or other applicable law, service on a party
				  may be made by delivery of a copy of the pleading or document to the party's
				  authorized representative or attorney of record either in person; by agent; by
				  courier receipted delivery; by first class mail; by certified mail, return
				  receipt requested; or by registered mail to such party's address of record, or
				  by facsimile transmission to the recipient's current facsimile machine.
(1) Service by mail shall be complete upon
				  deposit of the document, enclosed in a wrapper properly addressed, stamped and
				  sealed, in a post office or official depository of the United States Postal
				  Service, except for state agencies. For state agencies, mailing shall be
				  complete upon deposit of the document with the General Services
				  Commission.
(2) Service by agent or
				  by courier receipted delivery shall be complete upon delivery to the agent or
				  courier.
(3) Service by facsimile
				  transmission shall be complete upon actual receipt by the recipient's facsimile
				  machine.
(4) Unless otherwise
				  established by the receiving party, if service is made by hand delivery,
				  facsimile transmission, or electronic mail, it shall be presumed that all
				  pleadings are received on the day filed. If service is made by overnight
				  delivery, it shall be presumed that pleadings are received on the day after
				  filing. If service is made by regular mail, it shall be presumed that pleadings
				  are received on the third day after filing. Service after 5:00 p.m. local time
				  of the recipient shall be deemed served on the following day.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - PLEADINGS, DOCUMENTS, AND OTHER MATERIALS › Section 21.37 - Examination and Correction of Pleadings and Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) Construction of pleadings and documents.
				  All documents shall be construed so as to do substantial justice.
(b) Procedural sufficiency of pleadings and
				  documents. All pleadings and documents that do not comply in all material
				  respects with other sections of this chapter shall be conditionally accepted
				  for filing. Upon notification by the presiding officer of a deficiency in a
				  pleading or document, the responsible party shall correct or complete the
				  pleading or document in accordance with the notification. If the responsible
				  party fails to correct the deficiency, the pleading or document may be stricken
				  from the record and the proceeding may be subject to dismissal under §
										RSA
				  21.67 of this title (relating to Dismissal of
				  a Proceeding).
(c) Additional
				  requirements. Additional requirements as set forth in §
										RSA
				  21.39 of this title (relating to Amended
				  Pleadings) apply.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - PLEADINGS, DOCUMENTS, AND OTHER MATERIALS › Section 21.39 - Amended Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing amended
				  pleadings.
(1) A pleading may be amended
				  without leave of the presiding officer, provided that the amended pleading is
				  served upon all parties, is filed no later than ten days after the initial
				  pleading was filed, and does not seek relief for which notice in accordance
				  with this chapter has not been provided. The filing of an amended pleading
				  shall restart the time in which a party may respond to the filing.
(2) A party must seek authorization to file
				  an amended pleading if the amended pleading seeks a new type of relief for
				  which notice in accordance with this chapter has not been provided.
(3) Any amended pleading offered for filing
				  more than ten days after the initial pleading was filed will be considered by
				  the presiding officer only if there is a showing of good cause for such filing
				  and that consideration of such filing will not unduly delay the proceeding by
				  injecting issues to which the remaining parties may be entitled to respond. If
				  additional notice is required or additional time needed for opposing parties to
				  respond to the proposed pleading, the presiding officer may order such
				  additional notice or time as is reasonable under the circumstances.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - PLEADINGS, DOCUMENTS, AND OTHER MATERIALS › Section 21.41 - 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
				  21.35 of this title (relating to Service of
				  Pleadings and Documents).
(b) Time
				  for response. Unless otherwise provided by the presiding officer, commission
				  rule, or statute, 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.
(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.
(d) Motions for
				  continuances.
(1) Motions for continuance and
				  for extension of a deadline shall set forth the specific grounds for which the
				  moving party seeks continuance and/or extension and shall reference all other
				  motions for continuance and/or extension 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 and/or extension.
(2) Continuances will not be granted based on
				  the need for discovery if the party seeking the continuance previously had the
				  opportunity to obtain and/or compel discovery from the person from whom
				  discovery is sought, except when necessary due to discovery abuses, surprise or
				  discovery of facts or evidence which could not have been discovered previously
				  through reasonably diligent effort by the moving party.
(3) The presiding officer may grant timely
				  filed motions for continuance and/or extension of deadline continuances agreed
				  to by all parties provided that any applicable statutory deadlines are extended
				  as necessary.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter C - PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS › Section 21.61 - Threshold Issues and Certification of Issues to the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Threshold issues. Threshold issues are
				  legal or policy issues that a presiding officer determines to be of such
				  significance to the proceeding that these issues should be addressed prior to
				  the other issues in the proceeding. Threshold issues include, but are not
				  limited to, issues to be certified to the commission.
(1) Threshold issues may be identified by the
				  presiding officer or by motion of a party to the proceeding. Parties shall
				  raise any threshold issues as well as challenges to the arbitrability of any
				  issue at the first prehearing conference. If such challenges are not raised at
				  the first prehearing conference, they shall be deemed waived by the parties.
				  Parties shall be given an opportunity to brief the question of threshold
				  issues. At the discretion of the presiding officer, reply briefs may be
				  permitted. Any determination on threshold issues shall be made in a written
				  order.
(2) Once a presiding officer
				  has determined that there is a threshold issue(s) in a proceeding, the
				  presiding officer shall take up the threshold issue(s) prior to proceeding with
				  the other issues or certify the issue(s) to the commission pursuant to
				  subsection (b) of this section. A decision on a threshold issue is not subject
				  to motion for reconsideration.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter C - PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS › Section 21.63 - Interim Issues and Orders

Current through Reg. 49, No. 28; July 12, 2024
The presiding officer may issue interim orders addressing
					 motions, 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 may be written or stated
					 orally on the record.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter C - PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS › Section 21.65 - Interlocutory Appeals

Current through Reg. 49, No. 28; July 12, 2024
The commission may consider an appeal of an interlocutory
					 or interim order only when it clearly appears from specific facts shown by
					 affidavit or by a verified complaint that immediate and irreparable injury,
					 loss, or damage will result from enforcement of the order, and when the
					 appellant clearly shows that it is entitled to preservation of the status quo
					 pending issuance of a final arbitration order. As a condition to granting
					 interlocutory relief, the commission may require the appellant to provide
					 security in an amount and form
(e.g.,
bond or escrow) to be
					 determined by the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter C - PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS › Section 21.67 - Dismissal of a Proceeding

Current through Reg. 49, No. 28; July 12, 2024
(a) Motions for
				  dismissal.
(1) Upon the motion of the
				  presiding officer or the motion of any party, the presiding officer may
				  dismiss, with or without prejudice, any proceeding, or claim within a
				  proceeding, without an evidentiary hearing, for any of the following reasons:
(A) lack of jurisdiction;
(B) moot questions or obsolete
				  petitions;
(C) res
				  judicata;
(D) collateral
				  estoppel;
(E) unnecessary
				  duplication of proceedings;
(F)
				  failure to prosecute;
(G) failure
				  to state a claim for which relief can be granted; or
(H) other good cause shown.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter C - PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS › Section 21.69 - Summary Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Motion for
				  summary decision. The presiding officer may grant a motion for summary decision
				  on any or all issues to the extent that the pleadings, affidavits, materials
				  obtained by discovery or otherwise, admissions, matters officially noticed, or
				  evidence of record show that there is no genuine issue as to any material fact
				  and that the moving party is entitled to a decision in its favor, as a matter
				  of law, on the issues expressly set forth in the motion.
(b) Filing and contents of motion. Any party
				  to a proceeding may move for summary decision on any or all of the issues. The
				  motion may be filed at any time before the close of the hearing on the merits.
				  The party filing the motion shall demonstrate that the issue or issues may be
				  resolved by summary decision in accordance with the standard set forth in
				  subsection (a) of this section. Affidavits in support of the motion shall be
				  based on personal knowledge and shall set forth such facts as would be
				  admissible in evidence. A motion for summary decision shall specifically
				  describe the facts upon which the request for summary decision is based, the
				  information and materials which demonstrate those facts, and the laws or legal
				  theories that entitle the movant to summary decision.
(c) Response to motion. Any response to a
				  motion for summary decision shall be filed within the time set by the presiding
				  officer. A party opposing the motion shall show, by affidavits, materials
				  obtained by discovery or otherwise, admissions, matters officially noticed, or
				  evidence of record, that there is a genuine issue of material fact for
				  determination at the hearing, or that summary decision is inappropriate as a
				  matter of law.
(d) Hearing on the
				  motion. If appropriate, the presiding officer shall set the motion for
				  hearing.
(e) No further hearing. No
				  further evidentiary hearing shall be held on issues for which summary decision
				  has been granted. The presiding officer will issue a decision or interim order
				  on the issues recommended to be resolved by summary decision. Parties may file
				  motions to reconsider and replies to motions to reconsider recommending
				  resolution of issues by summary decision within the time set by the presiding
				  officer. An order granting or denying partial summary decision is appealable to
				  the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter C - PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS › Section 21.71 - Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) Causes for imposition of sanctions. A
				  presiding officer, on his or her 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 the presiding
				  officer or the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter C - PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS › Section 21.73 - Consolidation of Dockets, Consolidation of Issues, and Joint Filings

Current through Reg. 49, No. 28; July 12, 2024
(a) Consolidation of dockets. The commission
				  or presiding officer may on its own motion or upon a motion from a party, to
				  the extent practical, consolidate separate dispute resolution proceedings and
				  the approval proceedings pursuant to this chapter.
(b) Consolidation of issues. The commission
				  or presiding officer may on its own motion or upon the motion of a party, to
				  the extent practical, consolidate similar issues from separate dispute
				  resolution and approval proceedings pursuant to this chapter.
(c) Joint filings or joinder.
(1) Joint filings. Parties may jointly file
				  dispute resolution and approval proceedings when there are common issues of law
				  or fact.
(2) Joinder. A person may
				  request joinder when there are common issues of law or fact and shall agree to
				  be bound by any judgment rendered as to the common issues.
(3) Factors to be considered. The commission
				  or presiding officer shall determine whether the proceedings should be
				  maintained as a joint proceeding or be severed or should be consolidated in
				  whole or in part. In making this determination the commission or presiding
				  officer shall consider:
(A) administrative
				  burden on the parties and the commission;
(B) whether there are issues of fact or law
				  common to the proceedings;
(C)
				  whether separate proceedings would create a risk of inconsistent resolutions;
				  and
(D) whether allowing joinder or
				  consolidation would result in undue delay of the proceedings or prejudice any
				  party.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter C - PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS › Section 21.75 - Motions for Clarification and Motions for Reconsideration

Current through Reg. 49, No. 28; July 12, 2024
(a) Motions for clarification. This
				  subsection only applies to motions for clarification of Arbitration Awards.
				  Motions for clarification of an Arbitration Award may be made to the presiding
				  officer requesting that an ambiguity be clarified or an error, other than an
				  error of law, be corrected.
(1) Procedure. A
				  motion for clarification shall be filed within ten working days of the issuance
				  of the presiding officer's decision or order. The motion for clarification
				  shall be served on all parties by hand delivery, facsimile transmission, or by
				  overnight courier delivery. Responses to a motion for clarification shall be
				  filed within five working days of the filing of the motion.
(2) Content. A motion for clarification shall
				  specify the alleged ambiguity or error and, as appropriate, include proposed
				  contract language that corrects the alleged ambiguity or error.
(3) Denial or granting of motion. The
				  presiding officer shall grant or deny the motion within ten working days of the
				  filing of the motion. If the motion is granted, the presiding officer shall
				  issue a decision within 15 working days of the filing of the motion.