1. (a) Statements of position required. Each party that has not prefiled direct testimony and, insofar as its prefiled direct testimony does not address issues that a party intends to litigate, each party that has prefiled direct testimony shall file a statement of position no later than three working days before the start of a hearing unless the presiding officer determines that such a requirement would add unjustified burden and expense to the proceeding, or that a different deadline should be imposed. In accordance with §22.161 of this title (relating to Sanctions), the presiding officer may, pursuant to §22.161, sanction any party who fails to comply with the requirement that a statement of position be filed.

2. (b) Contents of statement of position. Unless otherwise provided by order of the presiding officer, the statement of position shall contain the following information:

   1. (1) a concise statement of the party's position in the proceeding;
   2. (2) a concise statement of each question of fact, law, or policy the party considers at issue; and
   3. (3) a concise statement of the party's position on each issue identified pursuant to paragraph (2) of this subsection.

Source Note:The provisions of this §22.124 adopted to be effective November 1, 1993, 18 TexReg 6641.