reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 1.6 - Recording and Broadcasting of Hearings

Current through Reg. 49, No. 28; July 12, 2024
Coverage of a hearing through broadcasting, televising,
					 recording, live-streaming, or photographing is permitted upon prior approval of
					 the Hearings Director. The request for approval shall specify the type of
					 coverage to be conducted at the hearing. Requests may be denied or approved
					 with restrictions if the Hearings Director finds coverage will unduly distract
					 participants, interfere with the hearings process, or impair the dignity of the
					 hearing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 1.7 - Ex Parte Communications

Current through Reg. 49, No. 28; July 12, 2024
(a) Ex
				  parte communications are prohibited in contested cases as provided in the APA
				  and other applicable rules including the Texas Disciplinary Rules of
				  Professional Conduct.
(b) Each
				  party shall provide all other parties with a copy of all documents submitted to
				  an examiner.
(1) The attachment of a
				  certificate of service stating that a document was served on a party creates a
				  rebuttable presumption that the named party was provided a copy.
(2) Failure to provide a copy to all other
				  parties may result in rejection and return of the document without
				  consideration.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 1.8 - Testimony under Oath or Affirmation

Current through Reg. 49, No. 28; July 12, 2024
Testimony in all contested cases shall be presented under
					 oath or affirmation administered by an examiner, Commissioner, or court
					 reporter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 1.9 - Computation and Extensions of Time in Contested Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) In computing any period of time
				  prescribed or permitted by the Hearings Director, the examiner, a rule or an
				  order of the Commission, or any applicable statute:
(1) the day of the act, event, or default
				  from which the period of time begins to run shall not be included;
(2) the last day of the period being computed
				  shall be included, unless it is a Saturday, Sunday, weekday on which the
				  Commission has officially closed prior to 5 p.m. due to weather or other
				  exigency, or an official state or federal holiday, in which event the period
				  shall continue to run until 5 p.m. on the next business day except as otherwise
				  provided by statute; and
(3)
				  Saturdays, Sundays, and official state or federal holidays shall not be counted
				  for any purpose in any time period of five days or less in these
				  rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter A - DEFINITIONS AND GENERAL PROVISIONS › Section 1.10 - Commissioner Private Interest in Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) A Commissioner with a personal or private
				  interest in a measure, proposal or decision pending before the Commission shall
				  publicly disclose the fact to the Commission in an open meeting. The
				  Commissioner may not vote or otherwise participate in the decision. The
				  disclosure shall be entered in the minutes of the meeting.
(b) In this section, "personal or private
				  interest" has the same meaning as is given to it under Texas Government Code,
				  §
										RSA
				  572.058.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter B - INITIATION OF CONTESTED CASE PROCEEDING › Section 1.21 - Filings with Commission Division Directors

Current through Reg. 49, No. 28; July 12, 2024
(a) All applications, petitions, complaints,
				  and other documents relating to any proceeding to be initiated before the
				  Commission shall be filed with the appropriate division director in accordance
				  with that division's filing requirements and any applicable statute or
				  regulation. Such documents, including notices of protest and answers, shall be
				  presumed filed on the date they are actually received only if accompanied by
				  any required filing fee. The Commission may decline to accept a document for
				  filing if it does not comply with applicable requirements.
(b) If an application, petition, complaint,
				  or other document requires further consideration after division processing but
				  prior to final Commission action, the division shall transfer the matter to the
				  Hearings Division.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter B - INITIATION OF CONTESTED CASE PROCEEDING › Section 1.22 - Filings with the Hearings Division

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Once a party has notice that a division has transferred a contested case to the
				  Hearings Division, the party shall file all subsequent pleadings and other
				  documents related to the case with the Docket Services Section.
(b) Pleadings and related documents filed
				  with the Hearings Division shall be deemed filed only when they are actually
				  received by the Docket Services Section and are accompanied by any required
				  filing fee. The time and date of filing shall be determined by the file stamp
				  affixed on the pleading or related document by the Docket Services
				  Section.
(c) Except as provided in
				  subsection (e) of this section, pleadings shall be filed as follows:
(1) If the pleading contains 10 or fewer
				  pages including exhibits, it may be filed by fax, email, or other approved
				  electronic transmission with the Docket Services Section. If a party or
				  authorized representative elects to file a pleading by email, the party or
				  authorized representative agrees to be served by email and affirmatively
				  consents to the release and disclosure of the email address.
(2) Pleadings longer than 10 pages shall be
				  filed in hard copy with the Docket Services Section, unless the examiner or
				  Hearings director informs the parties in writing that they may file all
				  documents pursuant to paragraph (1) of this subsection.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter B - INITIATION OF CONTESTED CASE PROCEEDING › Section 1.23 - Complaint Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing of
				  complaint. Complaints relating to matters within the Commission's jurisdiction
				  shall be in writing and contain a detailed description of the allegations
				  against the respondent. The complainant shall serve the complaint on the
				  respondent and simultaneously file it with the applicable division of the
				  Commission. The division receiving the complaint shall transfer it to the
				  Hearings Division. If the complainant amends the complaint, the complainant
				  shall serve the amended complaint on the respondent and simultaneously file it
				  with the Docket Services Section.
(b) Burden of proof. The complainant in a
				  complaint proceeding shall have the burden of proof which is a preponderance of
				  the evidence. In the interest of justice, the examiner may modify the burden of
				  proof pursuant to § 1.110 of this title (relating to Burden of
				  Proof).
(c) Notice of complaint.
				  When a complaint is filed, the Commission shall forward the complaint to the
				  respondent and attach a letter stating:
(1)
				  the respondent has 20 days from the date of the letter to either file an answer
				  or request a hearing to contest the allegations of the original complaint;
				  and
(2) that a default order may be
				  entered against the respondent if the respondent fails to answer, request a
				  hearing, or appear at the hearing, if a hearing is requested.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter B - INITIATION OF CONTESTED CASE PROCEEDING › Section 1.24 - Show-Cause Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) In response
				  to a written complaint or on the Commission's own motion, the Commission or the
				  Hearings Director may issue a notice commanding a person subject to the
				  Commission's jurisdiction to appear at a public hearing and show cause why the
				  person should not be compelled to do the act required, or refrain from doing an
				  act, or why the Commission should not take the proposed action.
(b) The respondent in a show-cause proceeding
				  shall have the burden of proof which is a preponderance of the
				  evidence.
(c) On the respondent's
				  failure to appear at the hearing or meet its burden of proof, the respondent
				  may be compelled to do the act required or to refrain from doing an act, or the
				  Commission may take the proposed action.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter B - INITIATION OF CONTESTED CASE PROCEEDING › Section 1.25 - Contested Cases Brought by the Enforcement Section

Current through Reg. 49, No. 28; July 12, 2024
(a) Commencement of a contested case.
(1) Enforcement contested cases are commenced
				  when a division of the Commission refers the matter to the Enforcement Section
				  of the Office of General Counsel and the Enforcement Section assigns a docket
				  number to the case. Before filing a complaint, the Commission may offer to
				  settle the case through an agreed order.
(2) If the Commission does not offer to
				  settle, or the terms of the offer are not timely met by the respondent, the
				  Commission will send the original complaint to the respondent by certified and
				  regular first-class mail. In cases against foreign or non-resident respondents,
				  the complaint will also be sent to the resident agent listed on the
				  respondent's most recently filed Organization Report (Form P-5). The complaint
				  will be accompanied by a letter alleging that the respondent has violated
				  Commission rules or statutes as set forth in the original complaint; that the
				  respondent may, within 30 days of the date of service, file an answer or
				  request a hearing to contest the allegations of the original complaint; and
				  that the respondent may wish to hire an attorney or other authorized
				  representative or choose to appear on its own behalf. The letter will notify
				  the respondent that if, on 31st day after the date of service, it has not
				  entered into an agreed order, filed an answer to the original complaint, or
				  requested a hearing, a default final order may thereafter be issued against
				  respondent without further notice. Concurrent with the complaint, the
				  Commission may make an offer to settle the case through an agreed
				  order.
(3) When there is actual
				  pollution or injury to the public health and safety, or an imminent threat
				  thereof, a hearing may be set and notice of the hearing sent with the original
				  complaint. The notice will state that if the respondent fails to appear at the
				  hearing, a default final order may be issued against respondent without further
				  notice as specified in subsection (d) of this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter B - INITIATION OF CONTESTED CASE PROCEEDING › Section 1.26 - Classification and Alignment of Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties to contested cases before the
				  Commission are defined in §
										RSA 1.2 of
				  this title (relating to Definitions). If there is an error in a party's
				  designation in its pleadings, the examiner may assign a party an appropriate
				  designation.
(b) The examiner may
				  align parties according to the nature of the proceeding.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter B - INITIATION OF CONTESTED CASE PROCEEDING › Section 1.27 - Parties and Authorized Representatives

Current through Reg. 49, No. 28; July 12, 2024
(a) Any party may appear individually or
				  through an authorized representative.
(b) Authorized representatives shall:
(1) file a notice of representation with the
				  Docket Services Section that contains the representative's mailing address,
				  telephone number, and, if applicable, fax number and email address;
(2) advise their clients and witnesses of
				  applicable requirements of conduct and decorum;
(3) comply with §
											RSA
				  1.7 of this title (relating to Ex Parte
				  Communications).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter C - PLEADINGS, MOTIONS, AND OTHER DOCUMENTS › Section 1.31 - Classification of Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) Pleadings
				  filed in contested case proceedings before the Commission shall be designated
				  as one of the following: application, petition, complaint, notice of protest,
				  answer, motion, exception, or response or reply to one of the preceding
				  pleadings. If there is an error in the designation of a pleading, the examiner
				  or the Hearings Director may determine the appropriate status in the proceeding
				  and treat it accordingly.
(b)
				  Requests for discovery and responses thereto shall not be classified as
				  pleadings and shall become a part of the administrative record in a contested
				  case only when offered as evidence, or when part of a request for an order
				  compelling a discovery response, or a reply thereto.
(c) Pleadings shall be liberally construed.
				  As applicable, the Commission, Hearings Director, or examiner may construe a
				  document as a pleading if the intent of the filing or document is
				  evident.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter C - PLEADINGS, MOTIONS, AND OTHER DOCUMENTS › Section 1.32 - Form and Content of Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  otherwise permitted or required by Commission rules or by statute, a pleading
				  shall contain a statement of the pleading's objectives, a concise statement of
				  supporting facts, and a specific request for relief.
(b) Pleadings that are filed in hard copy
				  shall be printed on white paper that is 8 1/2 inches wide and 11 inches long,
				  with at least one-inch margins, or on the appropriate Commission form. The text
				  shall only be on one side of the paper and shall be double or one and one-half
				  spaced, except that footnotes and lengthy quotations may be single spaced.
				  Exhibits attached to a pleading shall be the same size as pleadings or folded
				  to that size.
(c) Each pleading
				  shall be signed by the party or its authorized representative. When a copy of
				  the signed document has been filed, the party or its authorized representative
				  shall maintain the original document for examination by the Commission , the
				  examiner, the Hearings or appropriate division director, or any party to the
				  proceedings, should a question arise as to its authenticity.
(d) A pleading shall contain:
(1) the filing party's business address,
				  telephone number, and, if applicable, fax number or email address, or if filed
				  by its authorized representative, the authorized representative's business
				  address, telephone number, and, if applicable, the authorized representative's
				  Texas state bar number, email address, and fax number; and
(2) a certification pursuant to §
											RSA
				  1.45 of this title (relating to Service in
				  Protested Contested Cases).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter C - PLEADINGS, MOTIONS, AND OTHER DOCUMENTS › Section 1.33 - Correction of Pleadings

Current through Reg. 49, No. 28; July 12, 2024
If the appropriate director or examiner finds that a
					 pleading does not substantially comply in all material respects with the
					 Commission's rules, notice of the deficiency or deficiencies will be provided
					 to the filing party. Unless precluded by operation of law, the party who filed
					 the pleading shall thereafter have the right to file a corrected pleading. The
					 filing of a corrected pleading shall not be permitted to delay any proceeding
					 unless the appropriate director or the examiner determines based on evidence
					 submitted by the filing party that such delay is necessary to prevent an
					 injustice or to protect the public interest.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter C - PLEADINGS, MOTIONS, AND OTHER DOCUMENTS › Section 1.34 - Amended or Supplemental Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) Pleadings may be amended or supplemented
				  when permitted by statute or when justice so requires.
(b) Unless the Commission, the Hearings
				  Director, or the examiner approves and issues additional notice as required by
				  law, an application, petition, or complaint, upon which original notice of
				  hearing has been issued, may not be amended so as to broaden or enlarge the
				  scope thereof.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter C - PLEADINGS, MOTIONS, AND OTHER DOCUMENTS › Section 1.35 - Responsive Pleadings and Emergency Action

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Any responsive pleading shall be filed by a party within 10 days after filing
				  of the pleading to which the response is made or as ordered by the
				  examiner.
(b) A responsive pleading
				  to a complaint filed under this chapter shall be filed by the respondent within
				  20 days of the date of the Commission's letter notifying the respondent of the
				  complaint.
(c) The Commissioners,
				  the Hearings Director, or the examiner may take action on a pleading before the
				  deadline for filing responsive pleadings only in an emergency that presents a
				  risk of imminent pollution, waste, or injury to persons or real or personal
				  property. Action taken under such conditions is subject to modification based
				  on a timely responsive pleading.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter C - PLEADINGS, MOTIONS, AND OTHER DOCUMENTS › Section 1.36 - Motions

Current through Reg. 49, No. 28; July 12, 2024
(a) A motion shall
				  be filed with the Docket Services Section, unless dictated into the record
				  during the pendency of a hearing, and shall state the relief sought and the
				  specific reasons for the motion. If the motion is based upon alleged facts that
				  are not a matter of record, it may, in the examiner's discretion, be supported
				  by an affidavit. Motions shall be served in accordance with §
										RSA
				  1.45 of this title (relating to Service in
				  Protested Contested Cases). Notice of action on any motion shall be served
				  promptly on all parties.
(b) A
				  motion is timely filed if filed with the Docket Services Section before the
				  contested case is included on an open meeting agenda of the Commission that has
				  been posted with the Secretary of State.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter C - PLEADINGS, MOTIONS, AND OTHER DOCUMENTS › Section 1.37 - Intervention

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person who
				  has a justiciable or administratively cognizable interest and who is not an
				  applicant, petitioner, complainant, respondent, or protestant and who desires
				  to be designated as a party in any contested case before the Commission may
				  file a petition for leave to intervene no later than five days prior to the
				  hearing date.
(b) The examiner or
				  the Hearings Director shall promptly act on all petitions for leave to
				  intervene. All interventions shall be subject to a motion to strike for having
				  been improperly admitted.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter C - PLEADINGS, MOTIONS, AND OTHER DOCUMENTS › Section 1.38 - Interim Rulings and Appeals of Interim Rulings

Current through Reg. 49, No. 28; July 12, 2024
(a) Relief through interim ruling. Prior to
				  presentation of a contested case to the Commission at an open meeting, a party
				  may seek, through an examiner, or Hearings Director, as appropriate, relief
				  through interim ruling, but that ruling shall not be considered of the same
				  nature as a final decision. An interim ruling shall not be subject to
				  exceptions or motions for rehearing. For purposes of this section, the term
				  interim ruling includes orders issued pursuant to § 1.55 of this title
				  (relating to Discovery Orders) and final actions taken by Commission staff to
				  deny an application or other requested relief for which no other avenue of
				  appeal is provided by Commission rules.
(b) Evidentiary rulings. An evidentiary
				  ruling by an examiner is not an interim ruling and is not appealable to the
				  Commission pending the issuance by the examiner of a proposal for decision.
				  Such rulings include, but are not limited to, reopening the record of a hearing
				  for additional evidence, before a proposal for decision is issued.
(c) Interim ruling to suspend license.
(1) In this section, "license" includes the
				  whole or a part of a Commission permit, certificate, approval, registration, or
				  similar form of permission required by law.
(2) When an interim ruling suspends a license
				  because an imminent peril to the public health, safety, or welfare requires
				  emergency action, the examiner or Hearings Director shall incorporate a factual
				  and legal basis establishing that imminent peril in the interim
				  ruling.
(3) Unless expressly
				  provided otherwise by statute, the Commission shall initiate the proceedings
				  for revocation of the license or other action not later than the 30th day after
				  the interim ruling is signed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter D - NOTICE AND SERVICE › Section 1.41 - Notice of Application in Contested Cases

Current through Reg. 49, No. 28; July 12, 2024
Notice of application for contested cases shall be given in
					 accordance with applicable law, rule, or order of the
					 Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter D - NOTICE AND SERVICE › Section 1.42 - Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) In a contested
				  case, each party is entitled to an opportunity:
(1) for hearing after reasonable notice of
				  not less than 10 days; and
(2) to
				  respond and to present evidence and argument on each issue involved in the
				  case.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter D - NOTICE AND SERVICE › Section 1.43 - Notice by Publication

Current through Reg. 49, No. 28; July 12, 2024
(a) When an
				  applicant in a proceeding is unable, after due diligence, to identify the
				  address of any person who is required to be notified of an application,
				  complaint, or hearing, the applicant must publish notice of the application,
				  complaint, or hearing.
(1) Unless otherwise
				  directed by the appropriate director or examiner, the applicant shall publish
				  the Commission's notice of application or notice of hearing in a newspaper of
				  general circulation in the county or counties where the land or facility that
				  is the subject of the application or hearing is located. The applicant shall
				  publish such notice once per week for four consecutive weeks. The first
				  publication shall be published at least 28 days before the protest deadline in
				  a notice of application or the hearing date in a notice of hearing.
(2) The applicant must file proof of
				  publication in the form of a publisher's affidavit or present at a hearing a
				  copy of the newspaper notice along with testimony by a person with personal
				  knowledge of the publication details.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter D - NOTICE AND SERVICE › Section 1.44 - Notice of Protest

Current through Reg. 49, No. 28; July 12, 2024
A notice of protest may be filed when the notice of
					 application, notice of hearing, or a Commission rule sets forth the
					 requirements for filing such notice, or as provided by order of the Commission
					 instituting the proceeding.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter D - NOTICE AND SERVICE › Section 1.45 - Service in Protested Contested Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) Service requirements. A copy of any
				  pleading or document filed in a protested contested case shall be served by a
				  party as follows:
(1) On the same day a party
				  files a document with the Commission, the party shall serve a copy on every
				  other party and any other person required by the Hearings Division. If a party
				  is represented by an authorized representative, service shall be made on that
				  representative; and
(2) All filings
				  shall include a certificate of service that copies have been served on all
				  persons described in paragraph (1) of this subsection. The certificate of
				  service shall include the date and manner of service and the names and
				  addresses of all persons served. If a person is served by fax or email, the
				  certificate of service shall include the person's fax number or email, as
				  applicable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter E - DISCOVERY › Section 1.51 - Forms and Scope of Discovery in Protested Contested Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) Permissible forms of discovery by parties
				  are:
(1) oral depositions of a party or a
				  nonparty;
(2) written
				  interrogatories to a party;
(3)
				  requests to a party for admission of facts or the genuineness or identity of
				  documents or things;
(4) requests
				  to a party for production, examination, and copying of documents or other
				  tangible materials;
(5) requests to
				  a party for entry upon and examination of real or personal property, or both;
				  and
(6) requests to a party for
				  disclosures pursuant to Texas Rule of Civil Procedure 194.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter E - DISCOVERY › Section 1.52 - Discovery Requests and Responses

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Requests for discovery and responses shall be served using a method of service
				  authorized by §
										RSA
				  1.45 of this title (relating to Service in
				  Protested Contested Cases) and should not be filed with the
				  Commission.
(b) Except for good
				  cause shown, all requests for discovery shall be served at least 20 days prior
				  to the hearing unless otherwise agreed by the parties.
(c) Responses to discovery requests shall be
				  served within 14 days after the date of service of the request. The examiner or
				  the Hearings Director may alter this deadline on the request of any
				  party.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter E - DISCOVERY › Section 1.53 - Request for Deposition

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  parties disagree on the scheduling or scope of a deposition, a deposition
				  request and proposed deposition discovery order shall be filed with the Docket
				  Services Section and the examiner will set the matter for consideration at a
				  prehearing conference.
(b) The
				  deposition shall be returned to the Commission as provided in the APA,
				  §2001.100.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter E - DISCOVERY › Section 1.54 - Requests for Admission

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided in § 1.53 of this title
					 (relating to Deadlines for Responses to Discovery Requests), requests for
					 admission shall be governed by the applicable provisions of the Texas Rules of
					 Civil Procedure. Each matter for which an admission is requested shall be
					 separately stated. If a written answer or objection to a request for admission
					 is not timely served, the request is deemed admitted without necessity of a
					 Commission order. The requests for admission document must clearly set forth
					 this provision for deemed admissions, in bold print or by underlining, in a
					 conspicuous location to fairly inform the responding party of the consequences
					 of a failure to respond within the prescribed time period. The examiner may
					 permit withdrawal or amendment of responses and deemed admissions upon a
					 showing of good cause.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter E - DISCOVERY › Section 1.55 - Discovery Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Discovery
				  orders generally. The Hearings director or the examiner may issue protective
				  orders, orders compelling discovery responses, and orders creating a discovery
				  control plan. Requests for discovery orders shall contain a sworn statement
				  that, after due diligence, the desired information cannot be obtained through
				  informal means, and that good cause exists for requiring discovery. The request
				  for a discovery order may be denied:
(1) if
				  the request is untimely or unduly burdensome in light of the complexity of the
				  proceeding;
(2) if the requesting
				  party has failed to exercise due diligence;
(3) if the discovery would result in undue
				  cost to the parties or unnecessary delay in the proceeding; or
(4) for other good cause in the interest of
				  justice.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter E - DISCOVERY › Section 1.56 - Alignment of Municipal Intervenors for Purposes of Discovery

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  applies to proceedings initiated pursuant to Texas Utilities Code, §
										RSA
				  103.055 and §
										RSA
				  104.102.
(b) Municipal intervenors, whether
				  participating as a single municipality or a coalition of municipalities, are
				  presumed to share a common interest in a proceeding such that alignment of
				  municipal intervenors as a single party for purposes of discovery is
				  appropriate. The examiner shall order alignment of municipal intervenors at the
				  earliest reasonable opportunity so as to avoid unnecessary duplication of
				  effort and to allow aligned parties an adequate opportunity to coordinate
				  discovery efforts in an efficient manner.
(c) To overcome the presumption of alignment,
				  a municipality or municipal coalition must file a motion to realign in whole or
				  in part. In ruling on such a motion, the presiding officer shall consider
				  whether good cause exists to grant the motion to realign in whole or in part
				  including consideration of the following:
(1)
				  whether the municipal intervenors are taking opposing positions regarding the
				  utility's request for relief;
(2)
				  whether the municipal intervenors have sufficiently different positions on one
				  or more issues to justify realignment on such issues;
(3) whether granting the motion will create
				  unnecessary inefficiencies or duplication of effort;
(4) whether granting the motion will result
				  in undue costs to the parties;
(5)
				  the effect of granting the motion on the parties and the public
				  interest;
(6) whether granting the
				  motion will serve the interest of justice; and
(7) any other relevant factors as determined
				  by the presiding officer.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter E - DISCOVERY › Section 1.57 - Limitations on Discovery Requests

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This section applies to proceedings brought pursuant to Texas Utilities Code,
				  §
										RSA
				  103.055 and §
										RSA
				  104.102.
(b) Upon request by a party, the presiding
				  officer may limit discovery, by order, in the interest of efficiency and
				  justice.
(c) For purposes of
				  calculating the number of requests for information (RFIs), each request or
				  subpart shall be considered a separate RFI. Absent a showing of good cause, a
				  reasonable limitation on RFIs propounded to a party is no more than 600 total
				  RFIs, with no more than 75 RFIs propounded by a single party in one calendar
				  week. Commission staff and presiding officers are not subject to these
				  discovery limitations when Commission staff or the presiding officers issue the
				  RFIs.
(d) With regard to discovery
				  propounded by a municipality or municipal coalition, to the extent that the
				  utility first filed its request for relief at the municipal level and a
				  municipal party has requested that the discovery propounded at the municipal
				  level be updated, and the Commission is now considering the utility's request
				  on appeal from the municipal forum, the number of RFIs (inclusive of subparts)
				  that the municipality propounded at the municipal level shall count towards the
				  total number of permissible RFIs a municipality may serve on the utility during
				  the Commission proceeding on appeal, unless the utility updated its test year
				  when filing its appeal.
(e) If a
				  party is not required to answer a question due to a sustained objection or
				  withdrawal, that question may not be included in the calculation of the
				  propounding party's RFI limit. However, if the presiding officer determines
				  that a party is intentionally propounding frivolous, irrelevant, or otherwise
				  objectionable requests, the question shall be included in the calculation of
				  that propounding party's RFI limit.
(f) As set forth in the Texas Rules of Civil
				  Procedure 196 and 198, there shall be no limitation with regard to requests for
				  production and inspection, or requests for admission.
(g) The party propounding discovery shall
				  separately characterize its discovery as an RFI, a Request for Production and
				  Inspection, or a Request for Admission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter F - EVIDENCE › Section 1.61 - Rules of Evidence

Current through Reg. 49, No. 28; July 12, 2024
The Texas rules of evidence and Texas law with regard to
					 evidence in nonjury civil cases shall apply in contested cases unless
					 Commission rules specify otherwise. Irrelevant, immaterial, or unduly
					 repetitious evidence may be excluded. When necessary to ascertain facts not
					 reasonably susceptible of proof under those rules, evidence not admissible
					 thereunder may nevertheless be admitted by the examiner (except where precluded
					 by statute) if it is of a type commonly relied upon by reasonably prudent
					 persons in the conduct of their affairs. The rules of privilege recognized by
					 law shall apply in Commission proceedings. Objections to evidentiary offers may
					 be made and shall be noted in the record.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter F - EVIDENCE › Section 1.62 - Official Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Facts
				  noticeable. Official notice may be taken of judicially cognizable facts, and
				  notice may be taken of generally recognized facts within the area of the
				  Commission's specialized knowledge.
(b) Motions for official notice and
				  opportunity to respond. A party's motion for official notice must be made or
				  filed prior to the conclusion of the evidentiary hearing. The motion must
				  specify the facts, material, records, or documents encompassed in the motion. A
				  party who opposes the motion shall have the opportunity to contest the
				  requested action.
(c) Notification
				  of materials noticed. The examiner on his or her own motion, or the Commission
				  on its own motion, may propose to take official notice of facts, material,
				  records, or documents authorized by the APA, §2001.090. The parties will
				  be given the opportunity to contest the proposed action and shall be notified
				  of the facts, material, records, or documents officially noticed before,
				  during, or after the hearing by the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter F - EVIDENCE › Section 1.63 - Documentary Evidence

Current through Reg. 49, No. 28; July 12, 2024
A copy or excerpt of a document may be admitted as evidence
					 if the original is not readily available and if authenticity is established by
					 competent evidence. When numerous or duplicative documents are offered, the
					 examiner may limit those admitted to a number of documents which are typical
					 and representative. The examiner may require the offering party to abstract or
					 summarize relevant data from documents and present the abstracts or summaries
					 in exhibit form. All parties shall have the right to examine the documents
					 abstracted or summarized.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter F - EVIDENCE › Section 1.64 - Written Testimony

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Admissibility. When a proceeding will be expedited and the interests of the
				  parties will not be substantially prejudiced, direct testimony may be offered
				  in written form. The written testimony of a witness on direct examination,
				  either in narrative or question and answer form, may be offered as an exhibit
				  and incorporated into the record without the written testimony being read. A
				  witness who is offering written testimony shall be sworn and shall identify the
				  written testimony as a true and accurate representation of what the testimony
				  would be if the witness were to testify orally, after which the witness shall
				  submit to voir dire and cross-examination. Written testimony shall be subject
				  to the same evidentiary objections as oral testimony.
(b) Prefiling. The Commission, the Hearings
				  Director, or an examiner may require or permit written testimony and exhibits
				  to be filed and served on all parties at a specified date prior to the hearing.
				  Failure to prefile written testimony and exhibits if required under this
				  section shall be sufficient cause for the examiner to rule such evidence, which
				  was to be included in the testimony and exhibits, inadmissible or for other
				  appropriate action to be taken as may be just and reasonable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter F - EVIDENCE › Section 1.65 - Exhibits

Current through Reg. 49, No. 28; July 12, 2024
(a) Form. Exhibits
				  to be offered in evidence at a hearing shall be of a size which will not unduly
				  encumber the record. Whenever practicable, exhibits shall conform to the size
				  requirements established by § 1.32 of this title (relating to Form and
				  Content of Pleadings). The pages of each exhibit shall be numbered
				  consecutively.
(b) Tender and
				  service. The original or a true and correct copy of each exhibit offered in
				  evidence shall be identified and tendered for inclusion in the record. Copies
				  of the exhibit shall be furnished to the examiners, to the court reporter, and
				  to each party prior to or at the time the exhibit is offered in
				  evidence.
(c) Excluded exhibits. If
				  an exhibit is offered, objected to, and excluded, the examiner may determine
				  whether or not the party offering the exhibit wishes to withdraw the offer; if
				  so, the examiner shall permit the return of the exhibit to the party. If the
				  excluded exhibit is not withdrawn, it shall be given an exhibit number for
				  identification, shall be endorsed by the examiner with the ruling, and shall be
				  included in the record for the purpose of preserving an exception.
(d) Late exhibits. Unless specifically
				  requested and permitted by the Commissioners, the Hearings Director, or the
				  examiner, no exhibit shall be filed in any proceeding after the hearing has
				  been completed. If the filing of a late-filed exhibit is permitted, copies
				  shall be served on all parties, and each party will have the opportunity to
				  respond and submit additional relevant responsive evidence.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter F - EVIDENCE › Section 1.66 - Written Objections Not Required

Current through Reg. 49, No. 28; July 12, 2024
Written objections to rulings made by the examiner during a
					 hearing are not required. It shall be sufficient that the party make a timely
					 objection and state the grounds for the objection on the
					 record.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter F - EVIDENCE › Section 1.67 - Offers of Proof

Current through Reg. 49, No. 28; July 12, 2024
(a) When the
				  examiner excludes evidence, the party offering the evidence shall be permitted
				  to make an offer of proof prior to the close of the hearing.
(1) The party may make the offer in question
				  and answer form, or by dictating or submitting in writing the substance of the
				  proposed evidence.
(2) The examiner
				  may direct the manner in which the offer is made and may ask questions if
				  necessary to conclude that the evidence would be as represented.
(3) The examiner and opposing parties shall
				  be entitled to cross-examine any witness testifying on an offer of
				  proof.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter F - EVIDENCE › Section 1.68 - Confidential Materials

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability of the Public Information Act. All records, data, and information
				  filed with the Commission are subject to the Texas Public Information Act,
				  Texas Government Code, Chapter 552. If the Commission receives a third party
				  request for materials that have been marked confidential pursuant to subsection
				  (b) or (c) of this section, the Commission will notify the filing party of the
				  request in accordance with the provisions of the Texas Public Information Act
				  so that the party can take action with the Office of the Attorney General to
				  oppose release of the materials.
(b) Filing confidential materials in a
				  hearing before the Hearings Division.
(1) A
				  party filing material in a hearing before the Hearings Division that the party
				  contends to be confidential by law shall file the materials with the Docket
				  Services Section by delivering them in a sealed and labeled container,
				  accompanied by an explanatory cover letter. The cover letter shall identify the
				  docket number and the style of the case, explain the nature of the sealed
				  materials, and specify the relief sought. The outside of the container shall
				  identify the docket number, the style of the case, the name of the submitting
				  party, and be marked "CONFIDENTIAL AND UNDER SEAL" in bold print at least one
				  inch in size. The front page of each portion of confidential material shall be
				  marked "confidential." Confidential material shall not be filed by fax. A party
				  who elects to file confidential material electronically shall notify the Docket
				  Services Section prior to filing such material.
(2) A party may file a motion to seal the
				  record if it has filed confidential materials in accordance with paragraph (1)
				  of this subsection. In the motion, the party shall describe the materials it
				  contends to be confidential by law, indicate the specific provision of law that
				  exempts the material from disclosure, and request that the examiner order the
				  described materials to be sealed. The examiner may, after consideration at
				  hearing, order the described materials to be sealed, subject to any
				  determination by the Office of the Attorney General and as further described in
				  subsection (a) of this section.
(3)
				  Confidential materials filed with the Hearings Division will be retained until
				  the contested case is no longer appealable and in accordance with the
				  Commission's retention policy.