1. (a) Filing and service required.

   1. (1) All pleadings and other documents, except for confidential materials (as described in §155.103 of this title), shall be filed using one of the methods described in this rule.
   2. (2) On the same date a document is filed, it shall also be served on all other parties as described in §155.105 of this title.

2. (b) Method and format of filing in all cases other than PUC, TCEQ, or IDEA cases.

   1. (1) Electronic Filing.

      1. (A) Except as otherwise provided in this subchapter, attorneys, state agencies, and other governmental entities are required to file all documents electronically in the manner specified on SOAH's website, www.soah.texas.gov. SOAH may require parties to electronically file documents through the electronic filing manager established by the Office of Court Administration and an electronic filing service provider certified by the Office of Court Administration. Parties not represented by an attorney are strongly encouraged to electronically file documents but may use alternative methods of filing described in paragraph (2) of this subsection.
      2. (B) The electronic version of a document that has been electronically filed at SOAH shall be given the same legal status as the originally filed document, without regard to the original means of filing.
      3. (C) In addition to the other requirements of this rule, electronic filings must comply with all requirements and procedures set forth on SOAH's website and electronic filing page.

      4. (D) Formatting. A pleading or other document filed electronically must:

         1. (i) be in text-searchable portable document format (PDF);
         2. (ii) be directly converted to PDF rather than scanned;
         3. (iii) not be locked;
         4. (iv) include the email address of a party, attorney, or representative of a state agency who electronically files a document; and
         5. (v) include the SOAH docket number and the name of the case in which it is filed.

      5. (E) Formatting. Other documents filed electronically, such as attachments to pleadings, exhibits, affidavits, letters, and appendices, must:

         1. (i) be in PDF format and, if possible, be text-searchable;
         2. (ii) be directly converted to PDF rather than scanned, if possible;
         3. (iii) not be locked;
         4. (iv) comply with the applicable technology standards of the Judicial Committee on Information Technology if filed through the electronic filing manager established by the Office of Court Administration;
         5. (v) if not attached to a pleading or document that already contains this information, include the email address of a party, attorney, or representative of a state agency who electronically files a document; and
         6. (vi) if not attached to a pleading or document that already contains this information, include the SOAH docket number and the name of the case in which it is filed.

      6. (F) A pleading or document that is filed electronically is considered signed if the document includes:

         1. (i) an "/s/" and name typed in the space where the signature would otherwise appear, unless the document is notarized or sworn; or
         2. (ii) an electronic image or scanned image of the signature.
      7. (G) Time of filing. The time and date of documents filed electronically shall be determined in accordance with TRCP Rule 21.
      8. (H) If deemed necessary by SOAH, alternative means of filing or maintaining documents may be established, including the filing and maintenance of the official file in a paper format.
      9. (I) Testimony and exhibits offered at a hearing will not be filed electronically. Confidential material filed or submitted pursuant to §155.103 of this title will not be publicly available.

   2. (2) Filings by unrepresented parties.

      1. (A) For unrepresented parties who cannot file documents electronically as described in paragraph (1) of this subsection, documents may be filed with SOAH:

         1. (i) by mail addressed to SOAH at P.O. Box 13025, Austin, Texas 78711-3025;
         2. (ii) by hand-delivery to SOAH at 300 West 15th Street, Room 504;
         3. (iii) by fax to SOAH at (512) 322-2061; or
         4. (iv) at the SOAH field office where the case is assigned, using the field office address or fax number, which are available at SOAH's website.
      2. (B) All documents must include the SOAH docket number and the name of the case in which it is filed.
      3. (C) Time of filing. With respect to documents filed by mail, fax, or hand-delivery, the time and date of filing shall be determined by the file stamp affixed by SOAH. Documents received after 5:00 p.m. or when SOAH is closed shall be deemed filed the next business day SOAH is open.
   3. (3) Non-conforming documents. SOAH's docketing department may not refuse to file a document that fails to conform with this rule. When a filed document fails to conform to this rule, the presiding judge or SOAH's docketing department may identify the errors to be corrected and state a deadline for the person, attorney, or agency to resubmit the document in conforming format.
   4. (4) Technical failure. If a document is untimely due to a technical failure or a system outage, the filing party may seek appropriate relief from the presiding judge. If the missed deadline is one imposed by SOAH's electronic filing rules, the filing party must be given a reasonable extension of time to complete the filing.

3. (c) Method of filing in cases referred by the PUC.

   1. (1) Except for exhibits offered at a prehearing conference or hearing, the original of all documents shall be filed at the PUC in accordance with the PUC rules.
   2. (2) The party filing a document with the PUC (except documents provided in the discovery process that are not the subject of motions filed in a discovery dispute) shall serve the judge with a copy of the document by delivery to SOAH on the same day as the filing.
   3. (3) The court reporter shall provide the transcript and exhibits to the judge at the same time the transcript is provided to the requesting party. SOAH shall maintain the transcript and exhibits until they are released to the PUC by the judge. If no court reporter was requested by a party, SOAH shall maintain the recording of the hearing and the exhibits until they are released to the PUC by the judge.

4. (d) Methods of filing in cases referred by the TCEQ.

   1. (1) Except for exhibits offered at a prehearing conference or hearing, the original of all documents shall be filed with the TCEQ's chief clerk in accordance with the TCEQ rules.
   2. (2) The time and date of filing of these materials shall be determined by the file stamp affixed by the chief clerk, or as evidenced by the file stamp affixed to the document or envelope by the TCEQ mail room, whichever is earlier.
   3. (3) The party filing a document with the TCEQ (except documents provided in the discovery process that are not the subject of motions filed in a discovery dispute) shall serve the judge with a copy of the document by delivery to SOAH on the same day as the filing.
   4. (4) The court reporter shall provide the transcript and exhibits to the judge at the time the transcript is provided to the requesting party. SOAH shall maintain the transcript and exhibits until they are released to the TCEQ by the judge. If no court reporter was requested by a party, SOAH shall maintain the recording of the hearing and the exhibits until they are released to the TCEQ by the judge.

Source Note:The provisions of this §155.101 adopted to be effective January 1, 2017, 41 TexReg 8593; amended to be effective September 8, 2019, 44 TexReg 4691.