37 Tex. Admin. Code § 401.1 - Purpose and Scope
(a) Purpose. The
purpose of this chapter is to provide a system of procedures for practice
before the commission that will promote the just and efficient disposition of
proceedings and public participation in the decision-making process. The
provisions of this chapter shall be given a fair and impartial construction to
attain these objectives.
(b) Scope.
(1) This chapter shall govern the initiation,
conduct, and determination of proceedings required or permitted by law in
matters regulated by the commission, whether instituted by order of the
commission or by the filing of an application, complaint, petition, or any
other pleading.
(2) This chapter
shall not be construed so as to enlarge, diminish, modify, or otherwise alter
the jurisdiction, powers, or authority of the commission, its staff, or the
substantive rights of any person.
(3) This chapter shall not apply to matters
related solely to the internal personnel rules and practices of this
agency.
(4) To the extent that any
provision of this chapter is in conflict with any statute or substantive rule
of the commission, the statute or substantive rule shall control.
(5) In matters referred to the State Office
of Administrative Hearings (SOAH), hearings or other proceedings are governed
by 1 TAC Chapter 155 (relating to Rules of Procedures) adopted by SOAH. To the
extent that any provision of this chapter is in conflict with SOAH Rules of
Procedures, the SOAH rules shall control.
Notes
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