1. (a) Parties may use all permissible forms of discovery authorized in the Texas Rules of Civil Procedure in accordance with and subject to the limitations provided therein. A party may apply to the administrative law judge for issuance of a commission to take a deposition only if the parties disagree on its scheduling or scope. Procedures for obtaining a ruling on objections or on a motion to compel compliance with discovery must comply with the Rule of Civil Procedure that relates to the particular form of discovery on which a ruling is sought.
2. (b) A motion regarding discovery must contain a certificate that efforts to resolve the discovery dispute without intervention by the administrative law judge have been attempted and failed.
3. (c) Notwithstanding a requirement of the Texas Rules of Civil Procedure to the contrary, a party may not file a discovery request, a response to a discovery request, or a discovery deposition with the administrative law judge unless the party introduces such as evidence or unless the administrative law judge requests that the party do so.

Source Note:The provisions of this §9.21 adopted to be effective November 13, 1997, 22 TexReg 10951.