- (a) All pleadings relating to any matter pending before the commission shall be filed with the executive director. Pleadings relating to any matter pending before the executive director or the fire marshal shall be filed with the State Office of Administrative Hearings.
- (b) Any document shall be deemed filed only when actually received by the commission, the assigned hearings officer, or the designated docket clerk of the State Office of Administrative Hearings.
- (c) Documents may be filed by mail if sent by certified United States mail, return receipt requested, or by an overnight courier service. A document will be deemed timely filed if it is mailed on or before one day prior to the filing deadline as evidenced by a legible postmark placed on the envelope by the United States Postal Service and the document was received by the commission, the hearings officer, or the designated docket clerk by the closing of business on the third calendar day following the filing deadline.
- (d) Facsimile transmission of pleadings by telecopier to the commission or State Office of Administrative Hearings, in proper form, containing a facsimile of the signature of the party representative filing the pleading, constitutes filing. Parties shall not mail a duplicate of the transmitted document. Filing by facsimile completed after 5:00 p.m., Austin time, shall be deemed filed on the following business day.
Source Note:The provisions of this §401.63 adopted to be effective October 14, 1994, 19 TexReg 7800.