(a) The other party shall respond to the appellant's request. The response shall:
- (1) be in writing;
- (2) clearly and concisely support each issue in the hearing officer's decision that the appellant has rebutted in the request, and state why the appellant's relief should not be granted;
- (3) be filed with the commission's central office in Austin not later than the 15th day after the request was received by the respondent; and
- (4) be served on the appellant on the same day filed with the commission.
- (b) The response shall contain a statement certifying that a copy has been served on the appellant. A certificate in substantially the following form shall be used: "I hereby certify that I have on this _______ day of ________________, 19___, served a copy of the attached response on _________________________________________ [state the name of the appellant on whom a copy was served] by __________________________ [state the manner of service]." __________ Signature.
(c) A response made under this section shall be presumed to be timely filed or timely served if it is:
- (1) mailed on or before the 15th day after the date of receipt of the appellant's request, as provided in subsection (a) of this section; and
- (2) received by the commission or other party not later than the 20th day after the date of receipt of the appellant's request.
Source Note:The provisions of this §143.4 adopted to be effective March 7, 1991, 16 TexReg 1195; amended to be effective March 31, 1992, 17 TexReg 2009.