SECTION 157.1049. Filing of Documents with the Commissioner of Education

(a) Except where otherwise provided by law, the petitioner shall file with the commissioner or the agency's division responsible for hearings and appeals a petition for review within 45 calendar days after the decision, order, or ruling complained of is first communicated to the petitioner. In all cases, when a decision is announced in the presence of the petitioner or the petitioner's representative of record at a hearing, the announced decision shall constitute communication to the petitioner.

(b) Filing of documents is governed by Texas Rules of Civil Procedure 21 and 21a.

(c) Except as otherwise provided, any document other than a petition for review will be filed with the agency's division responsible for hearings and appeals. All mailings and deliveries shall be addressed to: Texas Education Agency, 1701 North Congress Avenue, Suite 2-150, Austin, Texas 78701-1494. All facsimile filings shall be sent to the following facsimile number: [phone]. All electronic filings shall be submitted as provided on the TEA website with information related to hearings and appeals.

(d) All documents filed after 11:59 p.m. Central Time shall be deemed filed on the following business day.

(e) Failure to comply with subsection (a) of this section relating to the time for filing a petition for review will result in the dismissal of the case.

Source Note: The provisions of this §157.1049 adopted to be effective July 20, 2004, 29 TexReg 6887; amended to be effective January 10, 2023, 48 TexReg 49