Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 1 - GENERAL LAND OFFICE
Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND
Section 17.12 - Pleadings

Universal Citation: 31 TX Admin Code ยง 17.12

Current through Reg. 49, No. 38; September 20, 2024

(a) Classification of pleadings.

(1) A pleading is any written document filed by a party alleging its claim, its response to a claim, or its request for specific relief or action.

(2) All pleadings must be in writing, must be filed as required in § 17.3 of this title (relating to Filing of Documents), and must be served on all parties of record.

(3) Pleadings shall be classified as applications or petitions, statement of grounds, prehearing and post-hearing briefs, protests, responses, complaints, exceptions, replies, motions, or answers. Any error in the designation of a pleading shall not prevent it from being accorded its true status in the proceeding in which it is filed.

(b) Service of pleadings. A copy of each pleading must be sent or delivered to each party of record or to the designated representative of such party of record at the time the pleading is filed with the agency.

(c) Form and content of pleadings. All pleadings shall have the following:

(1) the name, address, and telephone number of the party filing the document and the name, business address, telephone number, and fax number of its representative, if applicable;

(2) a concise statement of the facts relied upon and the legal basis for the relief sought;

(3) a prayer stating the specific relief, action, or order sought by the pleader; and

(4) a certificate of service stating that a copy of the pleading has been sent or delivered to each party of record.

(d) Amended pleadings. A pleading may be amended at any time unless the amendment would operate as a surprise to another party or delay a hearing, unless a delay is necessary to prevent injustice or to protect the public interest. An amended pleading which operates as a surprise to another party may be allowed upon a written motion and a showing that no harm will result from such pleading.

(e) Incorporation of agency records by reference. Any pleading may adopt and incorporate by specific reference any document or entry, or any part thereof, in the official files and records of the General Land Office. This section shall not act to relieve any party from the necessity of alleging and providing those facts necessary to sustain its burden of proof as imposed by law or by agency rule.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.