1 Texas Administrative Code § 12.43 – Motion to Dismiss (a) A party may move to dismiss a complaint in whole or in part on the grounds that an alleged violation has no basis in law or fact. An alleged violation has no basis in law if the allegations, if taken as true, together with…
1 Texas Administrative Code § 12.42 – Motion for Continuance (a) The presiding officer may postpone or delay a hearing. (b) A request to postpone or delay a hearing shall include:(1) a statement of the number of motions for continuance previously filed in the case by the movant;(2) the specific reason for the request; and(3)…
1 Texas Administrative Code § 12.41 – Motion to Extend Time (a) The executive director may extend a deadline pursuant to § 571.136 of the Government Code. (b) A request for more time to file a document or respond to discovery shall include:(1) a statement of the number of extension requests previously sought in the…
1 Texas Administrative Code § 12.39 – Application of this Subchapter If there is a conflict between this section and a requirement found in another section relating to a specific type of motion, the more specific provision applies.
1 Texas Administrative Code § 12.38 – Amended and Supplemental Filings A party may amend or supplement its pleadings as follows: (1) If a notice of a hearing or other documents provided to the complainant or respondent under section 571.126(b)(2) of the Government Code contain a material defect, the commission may correct the notice or…
1 Texas Administrative Code § 12.37 – Non-conforming Documents When a filed document fails to conform to the requirements of this subchapter, the executive director may either: (1) reject the filing, identify the errors to be corrected and state a deadline for correction; or (2) accept the filing.
1 Texas Administrative Code § 12.36 – Service of Documents (a) On the same date a document is filed with the commission, a copy shall also be sent to each party or the party’s authorized representative by hand-delivery; by regular, certified, or registered mail; or by email, upon agreement of the parties. (b) A person…
1 Texas Administrative Code § 12.35 – Method of Filing (a) Motions, responses, and other documents in a sworn complaint proceeding must be filed with the commission by emailing it to sworncomplaints@ethics.state.tx.us and including the following information in the subject line: (1) the sworn complaint number; and (2) the title of the document. (b) The…
1 Texas Administrative Code § 12.34 – Motion Deadlines (a) The following deadlines apply to motions in which a hearing is either sought by a party or scheduled by the presiding officer:(1) motions must be filed with the commission no later than 30 days before the date of the hearing; (2) responses to motions must…
1 Texas Administrative Code § 12.33 – Certificate of Conference Except as provided in this chapter or unless otherwise ordered by the presiding officer, all motions shall include a certificate of conference that complies substantially with one of the following examples: (1) Example one: “Certificate of Conference: I certify that I conferred with {name of…