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RULE §55.251 Requests for Contested Case Hearing, Public Comment

Published: 2015

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(a) The following may request a contested case hearing under this section:   (1) the commission;   (2) the executive director;   (3) the applicant; and   (4) affected persons, when authorized by law. (b) A request for a contested case hearing by an affected person must be in writing and be filed by United States mail, facsimile, or hand delivery with the chief clerk within the time provided by subsection (d) of this section. (c) A hearing request must substantially comply with the following:   (1) give the name, address, and daytime telephone number of the person who files the request. If the request is made by a group or association, the request must identify one person by name, address, daytime telephone number and, where possible, fax number, who shall be responsible for receiving all official communications and documents for the group.   (2) identify the person's personal justiciable interest affected by the application, including a brief, but specific, written statement explaining in plain language the requestor's location and distance relative to the activity that is the subject of the application and how and why the requestor believes he or she will be affected by the activity in a manner not common to members of the general public;   (3) request a contested case hearing; and   (4) provide any other information specified in the public notice of application. (d) Deadline for hearing requests; public comment period. A hearing request must be filed with the chief clerk within the time period specified in the notice. The public comment period shall also end at the end of this time period. The time period shall end as specified in §55.152 of this title (relating to Public Comment Period). (e) Documents that are filed with the chief clerk that comment on an application but that do not request a hearing will be treated as public comment. (f) Late filed hearing requests and public comment, extensions.   (1) A hearing request or public comment shall be processed under §55.254 of this title (relating to Hearing Request Processing) or under §55.253 of this title (relating to Public Comment Processing), respectively, if it is filed by the deadline for hearing requests and public comment. The chief clerk shall accept a hearing request or public comment that is filed after the deadline but the chief clerk shall not process it. The chief clerk shall place the late documents in the file for the application.   (2) The commission may extend the time allowed for filing a hearing request. (g) There is no right to a hearing on an application for a weather modification license or permit under Texas Water Code, Chapter 18.

Source Note: The provisions of this §55.251 adopted to be effective October 20, 1999, 24 TexReg 9015