SECTION 206.70. Filing of Exceptions and Replies

(a) A party may file exceptions to an administrative law judge's proposal for decision or an amended proposal for decision no more than 20 days after service of the proposal for decision. A reply to exceptions must be filed no more than 15 days after the filing of the exceptions.

(b) Exceptions and replies to exceptions must be filed with the executive director at the department's headquarters building in Austin. A copy must be filed simultaneously with the administrative law judge.

(c) A request for an extension of time in which to file exceptions or a reply must be filed with the executive director no later than three days before the date sought to be extended. The request must be served on all parties by facsimile or hand delivery on the date on which it is filed, or if that is not feasible, by overnight delivery service. A request for an extension of time will be granted only in extraordinary circumstances when it is necessary in the interest of justice.

Source Note: The provisions of this §206.70 adopted to be effective February 4, 2010, 35 TexReg 654