Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS
Subchapter L - OVERPAYMENT PREVENTION
Section 334.535 - Objections to the Notice of Overpayment and Formal Petition for Hearing

(a) If any person receiving the notice of overpayment disputes any portion of the amount to be repaid to the commission, he or she must, within 30 days of receipt of the notice of overpayment, file a petition for hearing with the chief clerk in the manner prescribed generally by this title for filing petitions with the commission and shall serve a copy of the petition on the executive director.

(b) The petition must assert which funds the party is entitled to retain, and why such funds represent claims paid under the requirements of this chapter. At hearing, the petitioner must prove that the audited claims or portions of claims were for amounts paid under the requirements of this chapter.

(c) If a person does not object to a notice of overpayment, in whole or in part, as prescribed by this section, then all objections to the notice are waived.

(d) Any amount not specifically disputed in accordance with this section must be returned within 30 days of receipt of the notice of overpayment.