16 Tex. Admin. Code § 22.75
Examination and Correction of Pleadings and Documents
Effective Feb 25, 202651 TexReg 1052Source Note: The provisions of this §22.75 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective September 23, 1999, 24 TexReg 7401; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective September 2, 2009, 34 TexReg 5907; amended to be effective December 4, 2016, 41 TexReg 9472; amended to be effective February 25, 2026, 51 TexReg 1052.Texas Secretary of State
- (a) Construction of pleadings and documents. All pleadings and documents must be construed so as to do substantial justice.
(b) Procedural sufficiency of pleadings and documents.
- (1) Except for a motion for rehearing or a reply to a motion for rehearing, the presiding officer may require a pleading or document that does not comply with the applicable requirements of §22.72 of this title (relating to Form Requirements for Documents Filed with the Commission) to be re-filed.
- (2) Upon notification by the presiding officer of a deficiency in a pleading or document, the responsible party must correct or complete the pleading or document in accordance with the notification. If the responsible party fails to correct the deficiency, the pleading or document may be stricken from the record.
(c) Notice of material deficiencies in rate change applications. This subsection applies to applications for rate changes filed under PURA, chapter 36, subchapter C or chapter 53, subchapter C.
- (1) Motions to find a rate change application materially deficient must be filed no later than 21 days after an application is filed. Such motions must specify the nature of the deficiency and the relevant portions of the application, and cite the particular requirement with which the application is alleged not to comply. The applicant's response to a motion to find a rate change application materially deficient must be filed no later than five working days after such motion is received.
- (2) If the presiding officer determines that material deficiencies exist in an application, the presiding officer must issue a written order specifying a time within which the applicant must amend its application and correct the deficiency. The effective date of the proposed rate change will be 35 days after the filing of a sufficient application. The statutory deadlines will be calculated based on the date of filing the sufficient application.
(d) Notice of material deficiencies in applications for certificates of convenience and necessity for electric transmission lines.
- (1) Motions to find an application for certificate of convenience and necessity for electric transmission line materially deficient must be filed no later than 21 days after an application is filed. Such motions must specify the nature of the deficiency and the relevant portions of the application, and cite the particular requirement with which the application is alleged not to comply. The applicant's response to a motion to find an application for certificate of convenience and necessity for electric transmission line materially deficient must be filed no later than five working days after such motion is received.
- (2) If the presiding officer determines that a material deficiency exists in an application, the presiding officer must issue a written order specifying a time within which the applicant must amend its application and correct the deficiency.
- (3) For an application for certificate of convenience and necessity filed under PURA §39.203(e), a pleading alleging a material deficiency in the application must be filed no later than 14 days after the application is filed, and must be served on the applicant in accordance with §22.74 of this title (relating to Service of Pleadings and Documents). The applicant must reply to a pleading alleging a material deficiency no later than seven days after it is received. If the presiding officer determines that a material deficiency exists in an application, the presiding officer must issue a written order ordering the applicant to amend its application and correct the deficiency within seven days.
Source Note:The provisions of this §22.75 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective September 23, 1999, 24 TexReg 7401; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective September 2, 2009, 34 TexReg 5907; amended to be effective December 4, 2016, 41 TexReg 9472; amended to be effective February 25, 2026, 51 TexReg 1052.