SECTION 22.76. Amended Pleadings

(a) Filing amended pleadings.

(1) Any pleading may be amended at any time before notice of the docket as required by §22.51 of this title (relating to Notice for Public Utility Regulatory Act, chapter 36, subchapters C-E; chapter 51, §51.009; and chapter 53, subchapter C-E, Proceedings) and §22.52 of this title (relating to Notice in Licensing Proceedings) is given.

(2) After notice of a proceeding has been provided, a pleading may be amended with leave of the presiding officer, provided that the amended pleading is served upon all parties, is filed at least seven days before the hearing on the merits, and does not seek relief for which notice in accordance with this chapter has not been provided.

(3) If an amended pleading seeks a new type of relief for which notice in accordance with this chapter has not been provided, the presiding officer may sever the issue from the proceeding.

(4) Any amended pleading offered for filing within seven days of the date of hearing or thereafter will be considered by the presiding officer only if there is a showing of good cause for such filing and that consideration of such filing will not unduly delay the proceeding by injecting issues to which the remaining parties may be entitled to respond. If additional notice is required or additional time needed for opposing parties to respond to the proposed pleading, the presiding officer may order such additional notice or time as is reasonable under the circumstances.

(b) Amendments to conform to issues tried at hearing without objection. When issues not raised by the pleadings are tried or otherwise heard or argued at hearing by express or implied consent of the parties, upon a determination by the presiding officer that no prejudice to any of the parties will occur, the issues shall be treated in all respects as if they had been raised in the pleadings. Amendment of the pleadings to conform them to the evidence may be made with leave of the presiding officer upon any party’s motion until the close of evidence, but failure to so amend shall not affect whether the issues may be properly considered by the presiding officer.

Source Note: The provisions of this §22.76 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 23, 1999, 24 TexReg 7401; amended to be effective December 4, 2016, 41 TexReg 9472