Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 80 - CONTESTED CASE HEARINGS
Subchapter D - DISCOVERY
Section 80.151 - Discovery Generally
Universal Citation: 30 TX Admin Code § 80.151
Current through Reg. 50, No. 13; March 28, 2025
(a) Discovery shall be conducted according to the Texas Rules of Civil Procedure, unless commission rules provide or the judge orders otherwise. The Texas Rules of Civil Procedure shall be interpreted consistently with this chapter, the Texas Water Code, the Texas Health and Safety Code, and the Texas Administrative Procedure Act. Drafts of prefiled testimony are not discoverable.
(b) Discovery in contested case hearings using prefiled testimony.
(1) This subsection
is applicable to contested case hearings for applications which are subject to
the jurisdiction of the State Office of Administrative Hearings (SOAH) under 1
TAC §
155.51(relating to Jurisdiction),
except for:
(A) water ratemaking proceedings;
and
(B) sewer ratemaking
proceedings.
(2) All
discovery on a party must be completed before the deadline for that party to
submit its prefiled testimony.
(3)
In cases where all parties share the same deadline for submission of prefiled
testimony, a single deadline for completion of discovery shall apply to all
parties.
(4) If parties have
different deadlines for the submission of prefiled testimony, the deadline to
complete discovery on a party shall be no later than the final deadline for
that party to submit prefiled testimony. After a party's final deadline to
submit its prefiled testimony in a contested case, that party is no longer
subject to discovery from other parties in the case.
(5) The requirements of this subsection do
not relieve a party's duty to supplement its discovery responses as required by
Texas Rules of Civil Procedure, §193.5 and §195.6.
(c) All other contested case hearings are governed by this section as it existed immediately before the effective date of this section and the rule is continued in effect for that purpose.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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