- (a) Originals or duplicates of originals of all notices, pleadings, motions, answers, affidavits, and all other filings in a contested case, made in accordance with the Administrative Procedure Act, the Texas Rules of Civil Evidence, or other applicable law, shall be filed with the State Office of Administrative Hearings (SOAH) at the time the SOAH acquires jurisdiction or at the time the instrument is issued and delivered if that time is later than the time the SOAH acquires jurisdiction.
- (b) Pursuant to the SOAH rules, a copy of all filings shall be sent by mail or otherwise delivered to all parties or their representative of record.
- (c) A certificate of service, signed by the person making the filing, showing the manner of service, stating that the filing has been served on all other parties and identifying those parties shall be contained in or attached to all filings. The certificate is prima facie evidence of service. The following form of certificate will be sufficient in this connection: I hereby certify that I have this _________ day of ______________, ______, served copies of the foregoing pleading, upon all other parties in this proceeding, by (here state the manner of service). (Signature.)
(d) If a filing does not contain a required certificate of service, or otherwise show service on all other parties:
- (1) the SOAH may return the filing to the filing party; or
- (2) the SOAH may send a notice to all parties stating that the filing does not show service on all parties and will not be considered unless and until the SOAH is notified that all parties have been served with the filing; or
- (3) the SOAH may, in the interest of economy of effort, send a copy of the filing to all parties.
- (e) In computing any period of time prescribed or allowed by Board rules, by order of the Board, or by any applicable statute, the period shall begin on the day after the act or event considered, and conclude on the last day of such computed period, unless it be a Saturday, Sunday, or a legal state holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal state holiday.
Source Note:The provisions of this §1.234 adopted to be effective September 19, 1996, 21 TexReg 8667.