Current through Reg. 49, No. 38; September 20, 2024
(a) The other party shall respond to the
appellant's request. The response shall:
(1)
be in writing;
(2) clearly and
concisely support each issue in the administrative law judge's decision that
the appellant has rebutted in the request, and state why the appellant's relief
should not be granted;
(3) be filed
with the Chief Clerk of Proceedings in the division's central office in Austin
not later than the 15th day after receipt of the appellant's appeal. The
appellant's appeal is deemed received in accordance with §102.5 (relating
to General Rules for Written Communications To and From the Commission,
§102.4 (relating to General Rules for Non-Commission Communications) and
§
102.3(relating
to Computation of Time) of this title. Responses that are timely submitted to a
division location other than the Chief Clerk of Proceedings, such as a local
field office of the division, will be considered filed timely and forwarded to
the division's appeals panel for consideration, but this may result in delay in
the processing of the response. Untimely responses, regardless of whether they
are filed with the Chief Clerk of Proceedings or in a different division
office, will not be reviewed by the appeals panel;
(4) be served on the other party or parties
on the same day filed with the division; and
(5) contain a statement certifying that a
copy has been served on the other party or parties in person, mailed by
certified mail, return receipt requested, or transmitted by verifiable means. A
certificate in substantially the following form shall be used: "I hereby
certify that I have on this ____ day of ____________, _____, served a copy of
the attached response to a request for appeal on
_______________________________ (state the name of the other party or parties
on whom a copy was served) by _______________________________ (state the manner
of service)." _______________________________ Signature
(b) If it is not clear from the response that
the party has properly served a copy of the response on the other party or
parties, the division shall provide a copy of the response
expeditiously.
(c) A response to
the appellant's request with the division shall be filed not later than the
15th day after the responding party is deemed to have received the appellant's
request. Saturdays and Sundays and holidays listed in §
662.003,
Government Code, are not included in the computation of this 15-day period. A
response made under this section shall be presumed to be timely filed with the
division if it is:
(1) mailed on or before
the 15th day after the date of deemed receipt of the appellant's request, as
provided in subsection (a) of this section; and
(2) received by the division not later than
the 20th day after the date of deemed receipt of the appellant's
request.
