1. (a) In a contested case, the executive director or examiner shall give initial notice of hearing and the issues to be determined therein (initial notice). The initial notice shall be given not less than twenty (20) days prior to hearing. In stating the issues and matters asserted in the initial notice, the executive director or examiner shall state verbatim the issues and matters set forth in the letter from the executive director to the examiner referring the case for hearing.
2. (b) After service of the initial notice, any party wishing to raise issues or matters not set forth in the initial notice must do so by filing a motion setting forth such issues or matters not less than ten (10) days before the date set for hearing. If granted, the examiner shall give notice, not less than five (5) days before the date of hearing, of the additional issues and matters to be decided in the contested case.

Source Note:The provisions of this §67.39 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165.