SECTION 1.29. Pleadings

(a) In a contested case all pleadings for which no other form is prescribed shall contain:

(1) the name of the party seeking to bring about or prevent action by the agency;

(2) the names of all other known parties;

(3) a concise statement of the facts relied upon by the pleader;

(4) a prayer stating the type of relief, action, or order desired by the pleader;

(5) any other matter required by statute;

(6) a certificate of service, as required by §1.28 of this title (relating to Notice and Service); and

(7) the signature of the submitting party or the party's authorized representative.

(b) Any pleading filed pursuant to notice of a hearing may be amended up to seven days prior to the hearing. Amendments after that time will be at the discretion of the presiding officer.

(c) Any pleading may adopt and incorporate, by specific reference thereto, any part of any document or entry in the official files and records of the agency. All pleadings relating to any matter pending before the board shall be filed with the chief clerk. Pleadings relating to any matter pending before the commissioner or the fire marshal shall be filed with the hearings clerk.

Source Note: The provisions of this §1.29 adopted to be effective January 1, 1976; amended to be effective July 13, 1984, 9 TexReg 3651.