- (a) Pleadings filed in proceedings before the commission should be designated as one of the following: application, petition, complaint, notice of protest, answer, motion, exception, or, if authorized by this title, response or reply to one of the preceding pleadings. If there is an error in the designation of a pleading, the examiner or the appropriate director may determine its appropriate status in the proceeding and treat it accordingly. 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.
- (b) Pleadings shall be liberally construed. The commission may construe a document as a pleading if the intent of the filing or document is evident.
Source Note:The provisions of this §1.22 adopted to be effective June 1, 1991, 16 TexReg 2289.