(a) An agency shall submit to the office a completed Request to Docket Case form accompanied by legible copies of all pertinent documents, including but not limited to the complaint, petition, application, or other document describing the agency action giving rise to a contested case. An agency shall request one or more of the following actions on the Request to Docket Case form:
- (1) setting of hearing;
- (2) assignment of an administrative law judge; and/or
- (3) setting of alternative dispute resolution proceeding, including but not limited to mediated settlement conference, mediation, or arbitration.
- (b) If an agency requests a setting for hearing, the office will provide the agency with the date, time, and place of such setting.
- (c) If any agency requests an assignment of an administrative law judge, the office will assign a judge to consider motions and other prehearing matters.
(d) If an agency requests an alternative dispute resolution proceeding, the office will initiate the processes necessary to:
- (1) select a mediator or arbitrator; and
- (2) provide the parties with the date, time, and place of the alternative dispute resolution proceeding.
- (e) After a case has been placed on the office's docket pursuant to a Request to Docket Case, any party may move for appropriate relief, including but not limited to discovery and evidentiary rulings, continuances, and settings.
- (f) The office may refuse to accept for filing any Request to Docket Case that does not substantially conform to the filing procedures of this section.
Source Note:The provisions of this §155.9 adopted to be effective October 5, 1992, 17 TexReg 6441; amended to be effective September 8, 1997, 22 TexReg 8537; amended to be effective January 2, 1998, 22 TexReg 12719.