(a) Each document required or allowed to be filed with the department under this chapter must be filed as required under this section and the relevant subchapter for the applicable type of contested case.
(b) A copy of each document filed in a contested case shall be filed or served on the same date upon:
  (1) the department, and
  (2) each party or the party's authorized representative or attorney in charge.
(c) A certificate of service shall accompany each document. A certificate of service by the party or party's authorized representative showing timely service in a manner described in the relevant subchapter shall be prima facie evidence of timely service. This section does not preclude the department or any party from offering proof that the document was not timely filed or served.
(d) To be timely filed, a document must be received by the department within the time specified by statute, rule, or department order. A document received after the specified time, notwithstanding the means of delivery, shall be deemed untimely. Electronic filing is considered timely if the document is received by 5:00 p.m. Central Standard Time or Daylight Savings Time when in effect. Electronic filing after 5:00 p.m. shall be deemed received on the following day or the next business day if filed on a Saturday, Sunday, or legal holiday.
(e) A document filed electronically must:
  (1) be legible and in a portable document format (PDF), unless the department requests a different format;
  (2) be directly converted to PDF rather than scanned, to the extent possible;
  (3) not be locked;
  (4) include the email address of the party or authorized representative who electronically filed the document;
  (5) include the docket number and the name of the contested case in which the document is filed;
  (6) be titled or described in a manner that allows the department and the parties to reasonably ascertain the contents of the document; and
  (7) include an electronic signature.
(f) The department is not responsible for a filing party's user, system, transmission, or service error.
(g) If a document is not filed or served timely due to a system outage of a department-designated system, the filing party may send the document to a department-designated email address or seek appropriate relief from the final order authority.
(h) A party must redact information in a document before filing if the document contains personal identifying information, sensitive identifying information, or other confidential information that is not necessary to the resolution of the case. If the information is necessary to the resolution of the case, each page of the document must be conspicuously marked as "CONFIDENTIAL - NOT FOR PUBLIC RELEASE" in bold 12-point or larger type in the document header or footer. A party may request a document be filed under seal if allowed by other law, order, or rule.

Source Note: The provisions of this §224.11 adopted to be effective June 1, 2024, 49 TexReg 2771