Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 21 - RIGHT OF WAY
Subchapter C - UTILITY ACCOMMODATION
Section 21.42 - Appeal Process
Current through Reg. 50, No. 13; March 28, 2025
(a) A utility may file a petition of appeal to contest:
(b) The petition must be filed with:
(c) The petition must:
(d) The utility has the burden of demonstrating that the department incorrectly applied its utility accommodation requirements to the applicable facts.
(e) The director of the division to which a petition that satisfies the requirements of this section is submitted will issue, within 45 days after the date of receipt of the petition, a written decision approving or disapproving the appeal and, on issuance, immediately send the decision to the utility. If a written decision is not issued within the 45-day period, the appeal is considered to be disapproved and the decision of disapproval is considered to be issued on the 46th day after the date of receipt of the petition.
(f) To appeal a decision issued under subsection (e) of this section, the utility must submit a written petition of appeal to the executive director within 30 days after the date that the division director's decision is issued. The petition must satisfy the requirements of subsection (c) of this section. The executive director will issue, within 30 days after the date of receipt of the petition, a written decision approving or disapproving the appeal.
(g) To appeal a decision of the executive director issued under subsection (f) of this section, the utility must submit to the executive director its written petition of appeal to a board of variance, before the 31st day after the date that the executive director's decision under subsection (f) of this section is received. On receipt of the petition, the procedure set out in this subsection applies.