31 Tex. Admin. Code § 155.23 - Hearing Procedure
(a) The purpose of
this section is to provide for a simple and efficient manner of conducting a
public hearing as provided in §
155.1 of this title (relating to
General Provisions).
(b) Notice of
the hearing will be given by publication for at least three days, not less than
two weeks nor more than four weeks prior to the hearing, in the daily paper
having the greatest circulation in the county in which the land proposed to be
leased is located. Notice of hearings governed by this section will be filed
with the secretary of state for publication in the Texas Register.
(c) The notice of hearing will include:
(1) the time, date, and location of the
hearing;
(2) a brief explanation of
the purpose of the hearing; and
(3)
any other statement or material required by law or deemed necessary and proper
by the board.
(d) At the
time notice of hearing is given as provided herein, all material received by
the General Land Office pertinent to the subject of the hearing, including
documents, studies, and other data, will be made available for public review
and study. As additional material is subsequently developed or received by the
General Land Office, it will be made available for public review and study, and
one copy of such material will be filed in the office of the county judge of
the county where a hearing is held.
(e) The notice of hearing will be mailed to
any person who has made a timely written request for such notice to the General
Land Office to be so notified; however, failure to mail the notice does not
invalidate any action taken by the board or the commissioner.
(f) All hearings will be open to the public.
Members of the board or their designated representatives will conduct the
hearing. The board may designate a hearing officer who will have authority to
administer oaths, to examine witnesses, and to rule upon the admissibility of
written or oral testimony. The hearing officer will have the authority to open
or recess any hearing from day to day.
(g) Any person, corporation, organization, or
governmental subdivision or agency may offer testimony in support of or in
opposition to an application, and any such person offering testimony is
considered for the purpose of this section only to be a party. Any party may
appear in person or may appear and be represented by an attorney at law. A
corporation, association, and organization will be represented by at least one
and not more than two persons for the purpose of testifying at any hearing. A
governmental subdivision or agency will be represented by the highest elected
or, if applicable, appointed official thereof, or by not more than two persons
designated by such official.
(h)
The board may consolidate any hearing held under the provision of this rule
with a hearing required by federal law.
Notes
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