(a) Statements of position required. Each party that has not
prefiled direct testimony and, insofar as its prefiled direct testimony does
not address issues that a party intends to litigate, each party that has prefiled
direct testimony shall file a statement of position no later than three working
days before the start of a hearing unless the presiding officer determines
that such a requirement would add unjustified burden and expense to the proceeding,
or that a different deadline should be imposed. Pursuant to §22.161 of
this title (relating to Sanctions), the presiding officer may sanction any
party who fails to comply with the requirement that a statement of position
be filed.
(b) Contents of statement of position. Unless otherwise provided
by order of the presiding officer, the statement of position shall contain
the following information:
  (1) a concise statement of the party's position in the proceeding;

  (2) a concise statement of each question of fact, law,
or policy the party considers at issue; and
  (3) a concise statement of the party's position on each
issue identified pursuant to paragraph (2) of this subsection.


Source Note: The provisions of this §22.124 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective January 17, 1999, 24 TexReg 256