Texas Statutes
Subchapter M. Environmental Permitting Procedures
Section 5.556. Request for Reconsideration or Contested Case Hearing

Sec. 5.556. REQUEST FOR RECONSIDERATION OR CONTESTED CASE HEARING. (a) A person may request that the commission reconsider the executive director's decision or hold a contested case hearing. A request must be filed with the commission during the period provided by commission rule.
(b) The commission shall act on a request during the period provided by commission rule.
(c) The commission may not grant a request for a contested case hearing unless the commission determines that the request was filed by an affected person as defined by Section 5.115.
(d) The commission may not refer an issue to the State Office of Administrative Hearings for a hearing unless the commission determines that the issue:
(1) involves a disputed question of fact;
(2) was raised during the public comment period; and
(3) is relevant and material to the decision on the application.
(e) If the commission grants a request for a contested case hearing it shall:
(1) limit the number and scope of the issues to be referred to the State Office of Administrative Hearings for a hearing; and
(2) consistent with the nature and number of the issues to be considered at the hearing, specify the maximum expected duration of the hearing.
(f) This section does not preclude the commission from holding a hearing if it determines that the public interest warrants doing so.
Added by Acts 1999, 76th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1999.

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