SECTION 22.124. Statements of Position

(a) Statements of position required. Each party that has not prefiled direct testimony and, insofar as its prefiled direct testimony does not address issues that a party intends to litigate, each party that has prefiled direct testimony shall file a statement of position no later than three working days before the start of a hearing unless the presiding officer determines that such a requirement would add unjustified burden and expense to the proceeding, or that a different deadline should be imposed. Pursuant to §22.161 of this title (relating to Sanctions), the presiding officer may sanction any party who fails to comply with the requirement that a statement of position be filed.

(b) Contents of statement of position. Unless otherwise provided by order of the presiding officer, the statement of position shall contain the following information:

(1) a concise statement of the party's position in the proceeding;

(2) a concise statement of each question of fact, law, or policy the party considers at issue; and

(3) a concise statement of the party's position on each issue identified pursuant to paragraph (2) of this subsection.

Source Note: The provisions of this §22.124 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective January 17, 1999, 24 TexReg 256