SECTION 153.1223. Pleadings

(a) Pleadings include notices of hearing, motions, and exceptions. Regardless of any error in its designation, a pleading shall be accorded its true status in the proceeding in which it is filed.

(b) Amended and supplemental pleadings may be filed at such time so as not to operate as a surprise on the opposing party.

(c) The administrative law judge may allow a pleading to be amended during the contested case evidentiary hearing on the merits and shall do so freely when the trial amendment will facilitate determining the merits of the case but will not unduly prejudice the objecting party.

(d) In addition to this subchapter, Texas Administrative Code, Title 1, Part 7, Chapter 155 (relating to Rules of Procedure) shall also govern the following matters related to pleadings:

(1) content generally of pleadings;

(2) purpose and effect of motions;

(3) general requirements for motions;

(4) responses to motions generally;

(5) motions to intervene;

(6) motions for continuance;

(7) responses to written motions for continuance; and

(8) amendment of pleadings.

Source Note: The provisions of this §153.1223 adopted to be effective December 31, 2019, 44 TexReg 8307