Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 1 - PRACTICE AND PROCEDURE
Subchapter D - NOTICE AND SERVICE
Section 1.43 - Notice by Publication
Universal Citation: 16 TX Admin Code ยง 1.43
Current through Reg. 49, No. 12; March 22, 2024
(a) When an applicant in a proceeding is unable, after due diligence, to identify the address of any person who is required to be notified of an application, complaint, or hearing, the applicant must publish notice of the application, complaint, or hearing.
(1) Unless otherwise
directed by the appropriate director or examiner, the applicant shall publish
the Commission's notice of application or notice of hearing in a newspaper of
general circulation in the county or counties where the land or facility that
is the subject of the application or hearing is located. The applicant shall
publish such notice once per week for four consecutive weeks. The first
publication shall be published at least 28 days before the protest deadline in
a notice of application or the hearing date in a notice of hearing.
(2) The applicant must file proof of
publication in the form of a publisher's affidavit or present at a hearing a
copy of the newspaper notice along with testimony by a person with personal
knowledge of the publication details.
(b) In determining whether notice by publication is appropriate, the examiner may consider whether an applicant used due diligence in attempting to identify the address of any person who is required to be notified of an application, complaint, or hearing.
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