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RULE §22.297 Notice and Opportunity for Hearing


Published: 2015

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(a) An emergency order under this subchapter may be
issued with or without notice and an opportunity for hearing in accordance
with this subchapter.
(b) An emergency order issued under this subchapter
without a hearing is not subject to the requirements of the Texas
Administrative Procedure Act.
(c) If an emergency order is issued under this subchapter
without a hearing, the order shall set a time and place for a hearing
to affirm, modify, or set aside the order to be held before the commission
or SOAH as soon as practicable after the order is issued.
(d) Except as otherwise provided by this subchapter,
notice of a hearing to affirm, modify, or set aside an emergency order
under this subchapter shall be given not later than the tenth day
before the date set for the hearing. This notice shall provide that
an affected person may request an evidentiary hearing on issuance
of the emergency order.
(e) A hearing to affirm, modify, or set aside an emergency
order under this subchapter is subject to the Texas Administrative
Procedure Act.


Source Note: The provisions of this §22.297 adopted to be effective August 4, 2014, 39 TexReg 5894