Texas Administrative Code
Title 28 - INSURANCE
Part 1 - TEXAS DEPARTMENT OF INSURANCE
Chapter 1 - GENERAL ADMINISTRATION
Subchapter A - RULES OF PRACTICE AND PROCEDURE
Division 1 - GENERAL PROCEDURAL PROVISIONS
Section 1.82 - Forms and Scope of Discovery in Contested Cases
Current through Reg. 50, No. 13; March 28, 2025
(a) Permissible forms of discovery by parties are:
(b) The scope of discovery shall be the same as provided by the Texas Rules of Civil Procedure and shall be subject to the constraints provided therein for privileges, objections, protective orders and duty to supplement, as well as § 1.33 of this title (relating to Depositions; Entry on Property; Use of Reports and Statements) and the proceedings provided in the Act, Texas Civil Statutes, Article 6252-13a, §14 and §14a. All discovery may commence upon the filing of an action or proceeding. No discovery may be initiated by a party seeking discovery after the initial hearing date, unless allowed by the hearings officer upon a showing of good cause.
(c) This section and §§ 1.83-1.86 of this title (relating to Service and Filing of Discovery Requests and Responses; Deadlines for Responses to Discovery Requests; Requests for Admission; and Discovery Orders) shall not apply to Article 5.101 benchmark rate proceedings brought before the board, even upon assignment of such proceeding to a hearings officer or a contested case docket. Further, §1.86(a), which provides for commissions to take depositions, and §1.86(b) which provides for other discovery orders, including protective orders shall not apply to matters on appeal before the board.