SECTION 12.123. Scheduling Orders

(a) The following deadlines apply to a prehearing conference or formal hearing, as applicable:

(1) All motions must be filed with the commission no later than 30 days before the date of the conference or hearing;

(2) All responses to motions must be filed with the commission no later than 14 days before the date of the conference or hearing; and

(3) All replies to responses must be filed with the commission no later than 7 days before the date of the conference or hearing.

(b) A scheduling order containing the deadlines under this section shall be included with the notice required by section 571.126 of the Government Code. The presiding officer may amend a scheduling order upon the request of a party for good cause shown. A decision by the presiding officer to amend a scheduling order or to deny a motion, response, or evidence shall be issued to the parties to a hearing within 5 business days after the decision is made.

(c) The presiding officer may deny a party's motions, responses, or replies or deny a party's evidence from being admitted into the record of the hearing if the party violates a scheduling order.

Source Note: The provisions of this §12.123 adopted to be effective August 7, 2018, 43 TexReg 5057