SECTION 850.80. Pleadings

(a) In a formal appeal, all pleadings, for which no other form is prescribed, shall contain:

(1) the name of the party making the pleading;

(2) the names of all other known parties;

(3) a concise statement of the facts alleged and relied upon;

(4) a request stating the type of relief, action, or order desired;

(5) any other matter required by law;

(6) a certificate of service, as required by these rules; and

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

(b) Any pleading filed in a formal appeal may be amended up to 14 days before the date of the hearing. Amendments filed after that time may be accepted at the discretion of the IHO.

(c) Any pleading may adopt and incorporate, by specific reference, any part of any document or entry in the official files and records of the Agency.

(d) All pleadings relating to any matter pending before the Agency shall be sent to Texas Workforce Commission, Office of General Counsel, 101 E. 15th Street, Room 608, Austin, Texas 78778-0001, with the notation "Attention: Hearings Coordinator," or delivered to the Agency at that address to be filed with the IHO and all parties.

(e) All pleadings shall be in a format and medium reasonably calculated to provide the required information and must be clear and legible.

(f) Pleadings shall contain the name, address, and telephone number of the party filing the document or the name, telephone number, and business address of the authorized representative.

(g) A certificate of service shall be contained in or attached to all filings. The certificate shall be signed by the individual making the filing, show the manner of service, state that the filing has been served on all other parties, and identify those parties. The certificate is prima facie evidence of service.

Source Note: The provisions of this §850.80 adopted to be effective May 13, 2019, 44 TexReg 2364