30 Tex. Admin. Code § 35.29 - Procedures for a Hearing

(a) Hearings before the commission under this chapter shall be conducted in accordance with Chapter 10 of this title (relating to Commission Meetings). Contested case hearings shall be conducted under the Texas Administrative Procedure Act (APA) and Chapter 80 of this title (relating to Contested Case Hearings).

(b) If a contested case hearing is requested on the application, and the commission grants the request, the commission shall either conduct the contested case hearing or remand the matter to the State Office of Administrative Hearings (SOAH).

(c) The commission or judge may, consistent with the requirements of the APA, reduce the time periods specified in the commission's rules governing contested case hearings.

(d) For any hearing on a temporary or emergency order, the following procedures will apply:

(1) parties will be designated by the commission or judge. To be designated as a party, the person seeking party status must show a justiciable interest. For each hearing under this section, the applicant, the public interest counsel, and the executive director are parties by rule;

(2) the testimony of all witnesses will be under oath, with an opportunity for questioning by the commission or judge and cross-examination by the other parties;

(3) other parties to the hearing will be given an opportunity to present rebuttal evidence and testimony;

(4) the applicant will have the burden of proving its need for an emergency or temporary order, and will have the right to open and close the evidentiary parts of the hearing. The fact that an emergency order was issued without a hearing, standing alone, will not constitute evidence of the need for such authorization; and

(5) the commission or judge will have the right to limit the number of witnesses; to limit the time for direct questioning or cross-examination of a witness; to refuse illustrative and documentary evidence; and to limit argument.

(e) If a hearing request is denied, the procedures contained in § 80.272 and § 80.273 of this title (relating to Motion for Rehearing; and Decision Final and Appealable) apply.

Notes

30 Tex. Admin. Code § 35.29

The provisions of this §35.29 adopted to be effective December 10, 1998, 23 TexReg 12413; Amended by Texas Register, Volume 41, Number 12, March 18, 2016, TexReg 2173, eff. 3/24/2016