Current through Reg. 49, No. 52; December 27, 2024
(a) Applicability.
(1) This subchapter applies to all appeals of
use determinations issued by the executive director. A proceeding based upon an
appeal filed under this subchapter is not a contested case for purposes of
Texas Government Code, Chapter 2001.
(2) The following persons may appeal a use
determination issued by the executive director:
(A) the applicant seeking a use
determination; and
(B) the chief
appraiser of the appraisal district for the county in which the property for
which a use determination is sought is located.
(b) Form and timing of appeal. An appeal must
be in writing and must be filed by United States mail, facsimile, or hand
delivery with the chief clerk of the commission within 20 days after the
receipt of the executive director's determination letter. A person is presumed
to have been notified on the third regular business day after the date the
notice of the executive director's action is mailed by first class mail. If an
appeal meeting the requirements of this subsection is not filed within the time
period specified, the executive director's use determination is final. An
appeal filed under this subchapter must:
(1)
provide the name, address, and daytime telephone number of the person who files
the appeal;
(2) give the name and
address of the entity to which the use determination was issued;
(3) provide the use determination application
number for the application for which the use determination was
issued;
(4) request commission
consideration of the use determination; and
(5) explain the basis for the
appeal.
(c) Appeal
processing. The chief clerk shall:
(1)
deliver or mail to the executive director a copy of the appeal;
(2) deliver or mail a copy of the appeal to
the applicant if the appeal was filed by the chief appraiser or to the chief
appraiser if the appeal was filed by the applicant; and
(3) schedule the appeal for consideration at
the next regularly scheduled commission meeting for which adequate notice can
be given.
(d) Action by
the general counsel. The general counsel may remand a matter from the
commission's agenda to the executive director if the executive director or the
public interest counsel requests a remand.
(e) Action by the commission.
(1) The person seeking the determination and
the chief appraiser may testify at the commission meeting at which the appeal
is considered.
(2) The commission
may remand the matter to the executive director for a new determination or deny
the appeal and affirm the executive director's use determination.
(3) If the commission denies the appeal and
affirms the executive director's use determination, the commission's decision
shall be final and appealable in district court.
(f) Action by the executive director.
(1) If the commission remands a use
determination to the executive director, the executive director shall:
(A) conduct a new technical review of the
application that includes an evaluation of any information presented during the
commission meeting; and
(B) upon
completion of the technical review, issue a new determination. A copy of the
new determination shall be mailed to both the applicant and the chief appraiser
of the county in which the property is located.
(2) A new determination by the executive
director may be appealed to the commission in the manner provided by this
subchapter.
(g)
Withdrawn appeals. An appeal may be withdrawn by the entity who requested the
appeal. The withdrawal must be in writing, and give the name, address, and
daytime telephone number of the person who files the withdrawal, and the
withdrawal shall indicate the identification number of the use determination.
The withdrawal must be filed by United States mail, facsimile, or hand delivery
with the chief clerk of the commission.
