37 Tex. Admin. Code § 297.14 - Request for Administrative Hearing
(a)
If the responsible officials disagree with a Commission action and have
exhausted all remedies under §
297.13 of this title (relating to
Review of Commission Action), the officials may request, within 15 days after
the date thereof, an administrative hearing under Chapter 301 of this title
(relating to Rules of Practice in Contested Cases), upon the determination of
matters of fact or law with which they disagree.
(b) The request for hearing shall be
effective if post marked within 15 days from the date of the remedial order or
action on application for variance, or if it is otherwise received by the
Commission within such 15-day time period. The request for hearing shall be
directed to the chairman of the Commission and shall contain the following
statements:
(1) the legal authority and
jurisdiction under which the hearing should be held;
(2) the particular statutes, sections of
statutes, and rules involved;
(3) a
short, plain recital of the errors of fact or law for which review is sought,
stating in detail the facts justifying the amendment or reversal of the order
or action of the Commission; and
(4) the name and address of the person or
representative to whom notices or other written communications shall be
directed, and the name and address of the person or representative who will
appear at the hearing and the name and address of the person or persons on
whose behalf he will appear.
(c) A request for hearing, if not made in the
time and manner herein provided, shall be deemed waived, and in such event the
remedial order or action on application for variance of the Commission shall
become final.
(d) Upon the receipt
of a timely request for hearing, the Commission shall request a hearing be
scheduled by the State Office of Administrative Hearings.
(e) If the administrative law judge issues a
proposal for decision indicating the Commission action is justified, the
administrative law judge shall include in the proposal a finding of the costs,
fees, expenses, and reasonable and necessary attorney's fees the state and
Commission incurred in bringing the proceeding. The board may adopt the finding
for costs, fees, and expenses and make the finding a part of the final order
entered in the proceeding. Proceeds collected from a finding made under this
subsection shall be paid to the Commission.
Notes
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