Part 6.
TEXAS MOTOR VEHICLE BOARD
Chapter 101.
PRACTICE AND PROCEDURE
Subchapter C. ADJUDICATIVE PROCEEDINGS AND HEARINGS
16 TAC §101.62, §101.66
The Texas Motor Vehicle Board of the Texas Department of
Transportation proposes amendments to 16 TAC §101.62, Replies to Exceptions,
and §101.66, Submission of Amicus Briefs.
The amendment to 16 TAC §101.62 will clarify that the Board will not
allow parties to a contested case to file multiple written responses to replies
to exceptions, beyond those currently allowed under the Board's rules. The
amendment to 16 TAC §101.66 proposes changes to the current deadline
for amicus briefs, so that if adopted, the amicus curiae will be required
to file its brief no later than the deadline for exceptions to the proposal
for decision. The amendment also allows parties to file a written response
to the amicus brief no later than the deadline for replies to exceptions to
be filed.
The Board proposes an amendment to 16 TAC §101.62, concerning replies
to exceptions, because many parties to contested cases before the Board file
multiple written responses to arguments brought forth by their opponents in
exceptions to the proposal for decision and replies thereto. The Board considers
many of these submissions that are filed outside of the rules extraneous and
unnecessarily repetitive. Furthermore, the documents clutter the Board's record
and make efficient adjudication of contested cases more difficult from a procedural
standpoint.
Additionally, the Board proposes an amendment to 16 TAC §101.66, concerning
amicus briefs. The amendment will change the deadline to submit amicus brief
to the deadline for filing exceptions to the proposal for decision, rather
than the current deadline of seven days prior to the Board meeting at which
the matter will be considered. Also, the amended rule will provide a deadline
for responses to the amicus brief, which will be due no later than the deadline
for replies to exceptions. The Board proposes this amendment to address concerns
that parties to a contested case do not have sufficient time to reply to new
arguments presented in an amicus brief under the current rule. Furthermore,
the amendment to this section will allow for an increase in the amount of
time that the Board has to review an amicus brief and the responses when considering
a contested case.
Brett Bray, Director, Motor Vehicle Division, has determined that for the
each year of the first five years these sections are in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering these sections.
Mr. Bray has also determined that for each of the first five years the
sections are in effect the public benefit anticipated from the proposed amendments
will be greater efficiency in the contested case process and greater due process
for all parties before the Board. There will be no economic cost to persons
required to comply with the sections as proposed for the first five years
the proposals are in effect. There will be no significant impact on local
economies, overall employment or small businesses as a result of enforcing
or administering these sections.
The Board requests comments from any interested person. Comments (16 copies)
may be submitted to Brett Bray, Director, Motor Vehicle Board, Texas Department
of Transportation, P.O. Box 2293, Austin, Texas 78768, (512) 416-4899. The
Motor Vehicle Board will consider adoption of the proposals at its meeting
on September 19, 2002. The deadline for receipt of comments on the proposed
amendments and new rule is 5:00 p.m. on August 28, 2002.
The amendments are proposed under the Texas Motor Vehicle Commission
Code §3.06, which provides the Board with authority to adopt rules as
necessary and convenient to effectuate the provisions of the Act and to govern
practice and procedure before the Agency.
Texas Motor Vehicle Commission Code §3.03 and §3.08 are affected
by the proposed amendments.
§101.62.Replies to Exceptions [
Replies to exceptions may be filed within 10 days after the date of
filing such exceptions. It is within the hearing officer's discretion, upon
notice to all parties in interest, to extend the time for filing such reply.
No further written responses or replies are allowed.
§101.66.Submission of Amicus Briefs.
Any
interested party wishing to file an
amicus brief [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 24, 2002.
TRD-200203945
Brett Bray
Director
Texas Motor Vehicle Board
Proposed date of adoption: September 19, 2002
For further information, please call: (512) 416-4899
Exception ].
filed by an interested party in a contested case
] for consideration
by the members of the
Board
[
board
] in their decision
regarding a contested case should file its brief no later than the deadline
for exceptions
[
must be filed with the board at least seven days
prior to the date of the board meeting at which the case is scheduled for
consideration and decision
].
A party may file one written response
to the brief filed by the amicus curiae no later than the deadline for replies
to exceptions.
Any amicus brief
, or response to that brief,
not filed within such time will not be considered by the members of the
Board
[
board
], unless good cause may be shown why this deadline
should be waived or extended.
Chapter 107.
WARRANTY PERFORMANCE OBLIGATIONS