(a) A motion shall be filed with the Docket Services Section, unless dictated into the record during the pendency of a hearing, and shall state the relief sought and the specific reasons for the motion. If the motion is based upon alleged facts that are not a matter of record, it may, in the examiner's discretion, be supported by an affidavit. Motions shall be served in accordance with §1.45 of this title (relating to Service in Protested Contested Cases). Notice of action on any motion shall be served promptly on all parties.
(b) A motion is timely filed if filed with the Docket Services Section before the contested case is included on an open meeting agenda of the Commission that has been posted with the Secretary of State.

Source Note: The provisions of this §1.36 adopted to be effective August 21, 2017, 42 TexReg 4131