Current through Reg. 50, No. 13; March 28, 2025
(a) Any application
that is declared administratively complete on or after September 1, 1999, is
subject to this section.
(b) When a
case is referred to the State Office of Administrative Hearings (SOAH), the
chief clerk shall:
(1) file with SOAH a
Request for Setting of Hearing form, or Request for Assignment of
Administrative Law Judge form, whichever is appropriate;
(2) coordinate with SOAH to determine a time
and place for hearing;
(3) issue
public notice of the hearing as required by law and commission rules;
(4) for applications filed before September
1, 2015, or applications not referred under Texas Water Code, §
5.556 or §
5.557, send a copy of the
chief clerk's case file to SOAH which, in permitting matters, shall include
certified copies of the following documents:
(A) the documents described in §
80.118 of this title (relating to
Administrative Record); and
(B) for
cases referred under §
55.210 of this title (relating to
Direct Referrals) any public comment and the executive director's response to
comments to be included in the administrative record, except that these
documents may be sent to SOAH after referral of the case, if they are filed
subsequent to referral;
(5) for applications filed on or after
September 1, 2015, and referred under Texas Water Code, §
5.556 or §
5.557, which are referred
for hearing by the commission, file with SOAH the administrative record
described in §
80.118 of this title;
and
(6) send the commission's list
of disputed issues and maximum expected duration of the hearing to SOAH unless
the case is referred under §
55.210 of this title.
(c) In an enforcement case, the
executive director's petition or Executive Director Preliminary Report shall
serve as the list of issues or areas that must be addressed.
(d) When a case is referred to SOAH, only
those issues referred by the commission or added by the judge under §
80.4(c)(16) of
this title (relating to Judges) may be considered in the hearing. The judge
shall provide proposed findings of fact and conclusions of law only on those
issues. This subsection does not apply to a case referred under §
55.210 of this title.
