Sec. 5.504. HEARING TO AFFIRM, MODIFY, OR SET ASIDE ORDER. (a) If the commission, the executive director, or the executive director's representative issues an emergency order under this subchapter without a hearing, the order shall set a time and place for a hearing to affirm, modify, or set aside the emergency order to be held before the commission or its designee as soon as practicable after the order is issued.
(b) At or following the hearing required under Subsection (a), the commission shall affirm, modify, or set aside the emergency order.
(c) A hearing to affirm, modify, or set aside an emergency order shall be conducted in accordance with Chapter 2001, Government Code, and commission rules. Commission rules concerning a hearing to affirm, modify, or set aside an emergency order must provide for presentation of evidence by the applicant under oath, presentation of rebuttal evidence, and cross-examination of witnesses.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.
Structure Texas Statutes
Title 2 - Water Administration
Subtitle A - Executive Agencies
Chapter 5 - Texas Commission on Environmental Quality
Subchapter L. Emergency and Temporary Orders
Section 5.502. Application for Emergency or Temporary Order
Section 5.503. Notice of Issuance
Section 5.504. Hearing to Affirm, Modify, or Set Aside Order
Section 5.509. Temporary or Emergency Order Relating to Discharge of Waste or Pollutants
Section 5.510. Emergency Order Concerning Underground or Aboveground Storage Tanks
Section 5.511. Emergency Administrative Order Concerning Imminent and Substantial Endangerment
Section 5.512. Emergency Order Concerning Activity of Solid Waste Management
Section 5.513. Emergency Order Concerning On-Site Sewage Disposal System
Section 5.514. Order Issued Under Air Emergency
Section 5.5146. Emergency Order Concerning Operation of Certain Treatment Facilities Without Permit