- (a) The administrative law judge acquires jurisdiction over a contested case when the staff of the agency, or any person authorized by statute, files a request to docket a case in the form prescribed by the administrative hearings clerk, and in accordance with §253.8 of this title (relating to Filings).
- (b) A request to docket a case shall be considered filed when the request to docket is received and file-marked by the administrative hearings clerk.
- (c) A request to docket a case shall be submitted to the administrative hearings clerk, accompanied by legible copies of all pertinent documents (including but not limited to the original complaint, petition or application, or any other document describing agency action giving rise to a contested case, and a proper certificate of service).
- (d) Once the administrative hearings clerk dockets a contested case, any party may move for appropriate relief, including, but not limited to, discovery and evidentiary rulings, continuances, and settings.
- (e) The agency shall provide notice of hearing, as required under APA, §2001.051, and other applicable law.
- (f) Hearings shall be conducted at the site designated by the administrative law judge in accordance with applicable law.
Source Note:The provisions of this §253.4 adopted to be effective February 26, 1998, 23 TexReg 1541.