(a) Filing instruments. All instruments relating to a pending proceeding, including pleadings, requests, motions, and responses, shall:
- (1) be in writing;
- (2) specify the desired relief and grounds for relief; and
- (3) be filed with SOAH and the commission's Chief Clerk of Proceedings in the Hearings Division.
- (b) Motions. If based upon matters that do not appear of record, a motion must be supported by affidavit.
- (c) Furnishing copies. A copy of every instrument shall be provided by the party offering it to every other party or attorney. A certification of this fact shall accompany the instruments filed with SOAH and the commission. Failure to provide copies may be grounds for refusal to consider the instrument.
- (d) Certificate of service. A certificate by the party, or attorney who files a pleading stating that it has been served on the other parties will be considered prima facie evidence of service. The following form of certificate is sufficient: "I hereby certify that I have on this day of __________, 19____, served a copy of the attached instrument on _______________ [state the name of the other parties on whom a copy was served in addition to service upon SOAH and the commission's Chief Clerk of Proceedings, Hearings Division] by _______________ [state the manner of service.]" Signature
Source Note:The provisions of this §148.10 adopted to be effective December 4, 1995, 20 TexReg 9706.