SECTION 215.60. Written Materials and Evidence

(a) If a party seeks to provide written materials to the board, it must provide the written materials to the department and all other parties in accordance with §215.30 of this title (relating to Filing of Documents) and §215.49 of this title (relating to Service of Pleadings, Petitions, Briefs, and Other Documents) at least 21 days prior to the date of the board meeting. If a party fails to timely provide written materials to the department or any other party, the department shall not provide the written materials to the board and the party shall not provide the written materials to the board at the board meeting.

(b) For the purposes of this section, written materials are defined as language or images that are contained in the SOAH administrative record that are recorded in paper form. The language or images in the written materials must be taken without changes from the administrative record. Proposed final orders are not prohibited from being included in a party's written materials. Written materials shall be limited to evidence contained in the SOAH administrative record and consistent with the scope of the board's authority to take action under Government Code §2001.058(e) and Occupations Code, Chapter 2301. However, any party may argue that the board should remand the case to SOAH.

(c) All information in the written materials shall include a cite to the SOAH administrative record on all points to specifically identify where the information is located.

(d) Written materials shall be single-sided, double-spaced, 8.5 inches by 11 inches, and at least 12-point type. Written materials are limited to 15 pages per party. If a party provides the department with written materials that contain more pages than the maximum allowed, the department shall not provide the written materials to the board and the party shall not provide the written materials to the board at the board meeting.

Source Note: The provisions of this §215.60 adopted to be effective February 28, 2021, 46 TexReg 1257