Home » United States » Texas Administrative Code Title 1 Section 12.43

Texas Administrative Code Title 1 Section 12.43

1 Texas Administrative Code § 12.43 – Motion to Dismiss

(a) A party may move to dismiss a complaint in whole or in part on the grounds that an alleged violation has no basis in law or fact. An alleged violation has no basis in law if the allegations, if taken as true, together with inferences reasonably drawn from them do not constitute a violation of a rule adopted by or a law administered and enforced by the commission. An alleged violation has no basis in fact if no reasonable person could believe the facts alleged.

(b) A motion to dismiss must identify each alleged violation to which it is addressed, and must state specifically the reasons the alleged violation has no basis in law, no basis in fact, or both.

(c) The commission may, but is not required to, conduct an oral hearing on the motion to dismiss. The commission may not consider evidence in ruling on the motion and must decide the motion based solely on the facts alleged in the complaint, together with any complaint exhibits permitted by commission rule or statute.

See also  6 U.S. Code § 321c: Department and Agency officials

More Posts

Taxation and Development In Nigeria

Taxation and Development In Nigeria Nigeria, the largest economy in Africa1, is at an important point of economic development as the country’s economy hinges on the reform of the

Facebook
Twitter
LinkedIn

Leave a Reply

Your email address will not be published. Required fields are marked *

LawGlobal Hub is your innovative global resource of law and more. We ensure easy accessibility to the laws of countries around the world, among others