Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 1 - PRACTICE AND PROCEDURE
Subchapter B - INITIATION OF CONTESTED CASE PROCEEDING
Section 1.23 - Complaint Proceedings
Current through Reg. 49, No. 12; March 22, 2024
(a) Filing of complaint. Complaints relating to matters within the Commission's jurisdiction shall be in writing and contain a detailed description of the allegations against the respondent. The complainant shall serve the complaint on the respondent and simultaneously file it with the applicable division of the Commission. The division receiving the complaint shall transfer it to the Hearings Division. If the complainant amends the complaint, the complainant shall serve the amended complaint on the respondent and simultaneously file it with the Docket Services Section.
(b) Burden of proof. The complainant in a complaint proceeding shall have the burden of proof which is a preponderance of the evidence. In the interest of justice, the examiner may modify the burden of proof pursuant to § 1.110 of this title (relating to Burden of Proof).
(c) Notice of complaint. When a complaint is filed, the Commission shall forward the complaint to the respondent and attach a letter stating:
(d) Respondent's answer.
(e) Default order. If the respondent fails to answer, request a hearing, or appear at the hearing, the examiner may find the respondent to be in default and prepare a default final order to be presented to the Commission without further notice.
(f) Dismissal for lack of jurisdiction of Commission or standing of complainant.
(g) Retail customers served by a gas utility as defined in Texas Utilities Code §§ RSA 101.003<subdiv>(7), (8)</subdiv>, and RSA 121.001 - RSA 121.006, must first attempt an informal resolution pursuant to § RSA 7.45 of this title (relating to Quality of Service) before pursuing a claim against a gas utility under this section.