(a) If briefing is required in a hearing that is reviewed by the commissioner under the substantial evidence standard, the petitioner's brief shall contain the following:
  (1) Statement of the case. The brief must state concisely the nature of the case, the course of proceedings, and the school district's disposition of the case. The statement should be supported by record references, should seldom exceed one-half page, and should not discuss the facts.
  (2) Issues presented. The brief must state concisely all issues or points presented for review. The statement of an issue or point will be treated as covering every subsidiary question that is fairly included. However, an issue that is not so identified is waived.
  (3) Statement of facts. The brief must state concisely and without argument the facts pertinent to the issues or points presented. The commissioner will accept as true the facts stated unless another party contradicts them. The statement must be supported by record references.
  (4) Argument. The brief must contain clear and concise argument for the contentions made with appropriate citations to authorities and to the record.
  (5) Prayer. The brief must contain a short conclusion that clearly states the nature of the relief sought.
(b) If briefing is required in a case that is reviewed by the commissioner under the substantial evidence standard, the respondent's brief shall conform to the requirements of the petitioner's brief, except that the respondent's brief need not include a statement of the case, statement of the issues presented, or a statement of the facts, unless the respondent is dissatisfied with that portion of the petitioner's brief.
(c) Because briefs are meant to acquaint the commissioner with the issues in the case and to present argument that will enable the commissioner to decide the case, substantial compliance with this rule is sufficient, subject to the following.
  (1) Formal defects. If the administrative law judge determines that this rule has been flagrantly violated, the administrative law judge may require a brief to be amended, supplemented, or redrawn as statutory timelines may allow. If another brief that does not comply with this rule is filed, the administrative law judge may strike the brief, prohibit the party from filing another, and proceed as if the party had failed to file a brief.
  (2) Substantive defects. If the administrative law judge determines either before or after submission, that the case has not been properly presented in the briefs, or that the law and authorities have not been properly cited in the briefs, the administrative law judge may, if statutory timelines allow, postpone submission, require additional briefing, and make any order necessary for a satisfactory submission of the case.

Source Note: The provisions of this §157.1058 adopted to be effective July 20, 2004, 29 TexReg 6887