SECTION 67.39. Notice and Service

(a) In a Proceeding, the Executive Director shall give Initial Notice of hearing and the issues to be determined therein ("Initial Notice"). The Initial Notice shall be given not less than twenty (20) days prior to hearing. In stating the issues and matters asserted in the Initial Notice, the Executive Director shall state verbatim the issues and matters set forth in the letter from the Executive Director to the Examiner referring the case for hearing.

(b) After service of the Initial Notice, any Party or his Authorized Representative wishing to raise issues or matters not set forth in the Initial Notice must do so by filing a motion setting forth such adopted issues or matters not less than thirty (30) days before the date set for hearing. The motion must be based on facts and legal authorities supporting the inclusion of additional issues. Responses to the motion may be filed and served within fourteen (14) days from the date the motion is served. If granted, the Examiner shall give notice, not less than seven (7) days before the date of hearing, of the additional issues and matters to be decided in the Proceeding.

Source Note: The provisions of this §67.39 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359; amended to be effective December 24, 2015, 40 TexReg 9302