Sec. 36.412. REQUEST FOR REHEARING OR FINDINGS AND CONCLUSIONS. (a) An applicant in a contested or uncontested hearing on an application or a party to a contested hearing may administratively appeal a decision of the board on a permit or permit amendment application by requesting written findings and conclusions not later than the 20th day after the date of the board's decision.
(b) On receipt of a timely written request, the board shall make written findings and conclusions regarding a decision of the board on a permit or permit amendment application. The board shall provide certified copies of the findings and conclusions to the person who requested them, and to each designated party, not later than the 35th day after the date the board receives the request. A party to a contested hearing may request a rehearing not later than the 20th day after the date the board issues the findings and conclusions.
(c) A request for rehearing must be filed in the district office and must state the grounds for the request. If the original hearing was a contested hearing, the party requesting a rehearing must provide copies of the request to all parties to the hearing.
(d) If the board grants a request for rehearing, the board shall schedule the rehearing not later than the 45th day after the date the request is granted.
(e) The failure of the board to grant or deny a request for rehearing before the 91st day after the date the request is submitted is a denial of the request.
Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 7, eff. June 10, 2015.
Structure Texas Statutes
Title 2 - Water Administration
Subtitle E - Groundwater Management
Chapter 36 - Groundwater Conservation Districts
Subchapter M. Permit and Permit Amendment Applications;
Section 36.403. Scheduling of Public Hearing
Section 36.405. Hearing Registration
Section 36.4051. Board Action; Contested Case Hearing Requests; Preliminary Hearing
Section 36.406. Hearing Procedures
Section 36.410. Proposal for Decision
Section 36.412. Request for Rehearing or Findings and Conclusions
Section 36.413. Decision; When Final
Section 36.414. Consolidated Hearing on Applications
Section 36.415. Rules; Additional Procedures
Section 36.416. Hearings Conducted by State Office of Administrative Hearings; Rules
Section 36.4165. Final Decision; Contested Case Hearings
Section 36.417. Rules; Alternative Dispute Resolution
Section 36.418. Rules; Contested Case Hearings; Applicability of Administrative Procedure Act