16 Tex. Admin. Code § 22.35 - Informal Disposition
(a)
Applications qualified for informal disposition. An application, other than a
major rate proceeding, may be approved by the commission without a hearing
under the following conditions:
(1) at least
15 days have passed since the completion of all notice requirements;
(2) the decision is not adverse to any party
other than the commission staff; and
(3) the commission finds that no hearing is
necessary.
(b) Methods
of disposition.
(1) Notice of approval. Upon
delegation by the commission, certain uncontested applications may be approved
by the presiding officer through a notice of approval without consideration by
the commission at open meeting. The commission shall maintain a list of the
types of applications eligible for disposition by notice of approval.
(2) Proposed order. For all other
applications, the presiding officer shall prepare a proposed order which shall
be served on all parties no less than 20 days before the commission is
scheduled to consider the application in open meeting.
(c) Corrections and exceptions.
(1) Corrections to notice of approval.
Parties may file suggested corrections to a notice of approval within 15 days
of the issuance of such notice. Corrections may be made at the discretion of
the presiding officer.
(2)
Exceptions to proposed order. Parties may file exceptions or suggested
corrections to the proposed order, no less than seven days before the
commission is scheduled to consider the application in an open
meeting.
(d) Rehearing.
Nothing in this section shall be construed to alter a party's ability to
request rehearing pursuant to §
22.264 of this title (relating to
Rehearing).
(e) Notice
requirements. Nothing in this section shall be construed to alter any notice
requirement imposed on any proceeding by statute, rule, or order.
(f) Time limits. Nothing in this section
shall be construed to alter any time limit imposed on any proceeding by a
statute, rule, or order.
Notes
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