(a) When a petition or appeal is filed, including a petition
subject to the Texas Water Code, §11.041, the executive director shall
determine within ten days of the filing of the petition or appeal whether
the petition contains all of the information required by this subchapter.
For purposes of this section only, the executive director's review of probable
grounds shall be limited to a determination whether the petitioner has met
the requirements of §291.130 of this title (relating to Petition or Appeal).
If the executive director determines that the petition or appeal does not
meet the requirements of §291.130 of this title, the executive director
shall inform the petitioner of the deficiencies within the petition or appeal
and allow the petitioner the opportunity to correct these deficiencies. If
the executive director determines that the petition or appeal does meet the
requirements of §291.130 of this title, the executive director shall
forward the petition or appeal to the State Office of Administrative Hearings
for an evidentiary hearing.
(b) For a petition or appeal to review a rate that is charged
pursuant to a written contract, the executive director will forward the petition
or appeal to the State Office of Administrative Hearings to conduct an evidentiary
hearing on public interest.
(c) For a petition or appeal to review a rate that is not charged
pursuant to a written contract, the executive director will forward the petition
or appeal to the State Office of Administrative Hearings to conduct an evidentiary
hearing on the rate.
(d) If the seller and buyer do not agree that the protested
rate is charged pursuant to a written contract, the administrative law judge
shall abate the proceedings until the contract dispute over whether the protested
rate is part of the contract has been resolved by a court of proper jurisdiction.



Source Note: The provisions of this §291.131 adopted to be effective August 23, 1994, 19 TexReg 6227; amended to be effective September 20, 1996, 21 TexReg 8728; amended to be effective October 19, 2000, 25 TexReg 10367