30 Tex. Admin. Code § 55.210 - Direct Referrals
(a) The executive
director or the applicant may file a request with the chief clerk that the
application be sent directly to State Office of Administrative Hearings (SOAH)
for a hearing on the application.
(b) After receipt of a request filed under
this section and after the executive director has issued his preliminary
decision on the application, the chief clerk shall refer the application
directly to SOAH for a hearing on whether the application complies with all
applicable statutory and regulatory requirements.
(c) A case which has been referred to SOAH
under this section shall not be subject to the public meeting requirements of
§
55.154 of this title (relating to
Public Meetings). The agency may, however, call and conduct public meetings in
response to public comment. A public meeting is intended for the taking of
public comment, and is not a contested case proceeding under the Administrative
Procedure Act. Public meetings held under this section shall be subject to
following procedures.
(1) The executive
director shall hold a public meeting when there is a significant degree of
public interest in a draft permit, or when required by law.
(2) To the extent practicable, the public
meeting for any case referred under this section shall be held prior to or on
the same date as the preliminary hearing.
(3) Public notice of a public meeting may be
abbreviated to facilitate the convening of the public meeting prior to or on
the same date as the preliminary hearing, unless the timing of notice is set by
statute or a federal regulation governing a permit under a federally authorized
program. In any case, public notice must be provided at least ten days before
the meeting.
(4) The public comment
period shall be extended to the close of any public meeting.
(5) The applicant shall attend any public
meeting held.
(6) A tape recording
or written transcript of the public meeting shall be filed with the chief clerk
and will be included in the chief clerk's case file to be sent to SOAH as
provided by §
80.6 of this title (relating to
Referral to SOAH).
(d) A
case which has been referred to SOAH under this section shall be subject to the
public comment processing requirements of §
55.156(a) and (b)(1) and
(3) of this title (relating to Public Comment
Processing). The requirements of §
39.426(e) of
this title (relating to Alternative Language Requirements) shall also be met,
as applicable.
(e) For applications
filed before September 1, 2015, if Notice of Application and Preliminary
Decision is provided at or after direct referral under this section, this
notice shall include, in lieu of the information required by §
39.411(c) and (e)
of this title (relating to Text of Public Notice), the following:
(1) the information required by §
39.411(b)(1) - (3), (4)(A), (6) - (11), and (13)
and (e)(10), (11)(A), (C) and (D), (13) and
(14) of this title;
(2) the information required by §
39.411(c)(4) and
(5) of this title; and
(3) a brief description of public comment
procedures, including a description of the manner in which comments regarding
the executive director's preliminary decision may be submitted, the deadline to
file public comments or request a public meeting, and a statement that a public
meeting will be held by the executive director if there is significant public
interest in the proposed activity. These public comment procedures must be
printed in a font style or size that clearly provides emphasis and
distinguishes it from the remainder of the notice.
(f) For applications filed on or after
September 1, 2015, the administrative law judge may not hold a preliminary
hearing until after the issuance of the executive director's response to
comment.
Notes
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