(a) A party applying to the administrative law judge for an order or ruling shall do so by written motion, plea, or other form of written request unless an oral motion, plea, or request is made during a hearing, conference, or telephone conference call of which all parties had advance notice with a reasonable opportunity to participate. The parties shall send copies of all pleadings and responses subject to this section to one another (through their attorneys if represented by counsel), and shall include a certificate of service on such documents attesting they have done so. Each pleading subject to this section shall specify the grounds on which the relief or order is sought and the legal basis for the relief or order.
(b) The administrative law judge shall allow all parties a reasonable amount of time to be heard before ruling on a pleading subject to this section unless the pleading is for:
  (1) a continuance or an extension of time due to an emergency and reasonable attempts to reach opposing counsel have been unsuccessful;
  (2) an order to which all parties have agreed; or
  (3) a temporary emergency order until a hearing can be held.
(c) The administrative law judge has discretion to order oral or written argument or an evidentiary hearing on a pleading subject to this section as needed to clarify the issues and decide them properly.
(d) An application for a subpoena may be requested and issued ex parte and is not subject to this section.

Source Note: The provisions of this §9.17 adopted to be effective November 13, 1997, 22 TexReg 10951.