| (a) Relief through interim ruling. Prior to presentation
of a contested case to the Commission at an open meeting, a party
may seek, through an examiner, or Hearings Director, as appropriate,
relief through interim ruling, but that ruling shall not be considered
of the same nature as a final decision. An interim ruling shall not
be subject to exceptions or motions for rehearing. For purposes of
this section, the term interim ruling includes orders issued pursuant
to §1.55 of this title (relating to Discovery Orders) and final
actions taken by Commission staff to deny an application or other
requested relief for which no other avenue of appeal is provided by
Commission rules.
(b) Evidentiary rulings. An evidentiary ruling by an
examiner is not an interim ruling and is not appealable to the Commission
pending the issuance by the examiner of a proposal for decision. Such
rulings include, but are not limited to, reopening the record of a
hearing for additional evidence, before a proposal for decision is
issued.
(c) Interim ruling to suspend license.
(1) In this section, "license" includes
the whole or a part of a Commission permit, certificate, approval,
registration, or similar form of permission required by law.
(2) When an interim ruling suspends a license because
an imminent peril to the public health, safety, or welfare requires
emergency action, the examiner or Hearings Director shall incorporate
a factual and legal basis establishing that imminent peril in the
interim ruling.
(3) Unless expressly provided otherwise by statute,
the Commission shall initiate the proceedings for revocation of the
license or other action not later than the 30th day after the interim
ruling is signed.
(d) Appeal of interim ruling.
(1) Except as provided in paragraph (2) of this subsection,
any party aggrieved by an interim ruling may appeal that ruling to
the Commission and seek a stay if the party files a written appeal
within 10 days of the date the interim ruling is signed or stated
in the record. Untimely appeals shall not be forwarded by examiners
to the Commissioners, pursuant to subsection (e) of this section.
If, by the 46th day after the date the interim ruling is signed or
stated in the record, the Commission has not signed a written order
ruling on the appeal, then the appeal shall be deemed denied and any
granted stay is lifted.
(2) In all gas utility proceedings brought or conducted
under Texas Utilities Code, Chapters 102, 103, 104, and 121, any party
aggrieved by an interim ruling may appeal that ruling to the Commission
and seek a stay if the party files a written appeal within five days
of the date the interim ruling is signed or stated in the record.
Untimely appeals shall not be forwarded by examiners to the Commissioners,
pursuant to subsection (e) of this section. If, by the 20th day after
the date the interim ruling is signed or stated in the record, the
Commission has not signed a written order ruling on the appeal, then
the appeal shall be deemed denied and any granted stay is lifted.
(3) In all proceedings, the appealing party shall
serve the appeal in accordance with §1.45 of this title (relating
to Service in Protested Contested Cases) on the same day the appeal
is filed with the Docket Services Section.
(4) Any response to an appeal must be filed with the
Docket Services Section and served in accordance with §1.45 of
this title within 10 days of the date the appeal of the interim ruling
was filed.
(5) Pending action on the appeal of the interim ruling,
the Hearings Director or the examiner may issue a stay of the interim
ruling.
(e) Procedure on appeal. The Commissioners may consider
and rule on an appeal on or after the day following the day the response
to the appeal is due. An order on an appeal from an interim ruling
shall not be subject to motions for rehearing pending issuance of
the proposal for decision and signing of the final order. Any issue
in an appeal that has been deemed denied by operation of law may be
raised again in exceptions to the proposal for decision. When a timely
appeal is filed under this section, the examiner shall:
(1) forward to each Commissioner a copy of the appeal
along with a cover memorandum showing the date the appeal was filed,
the date replies are due, and the date on which the appeal will be
deemed denied if no Commission action is taken;
(2) forward to each Commissioner a copy of all replies
to appeals of interim rulings which may be filed, and of any stay
of the interim ruling granted by the Hearings Director; and
(3) upon the request of any one Commissioner, immediately
schedule the appeal for consideration by the Commission at an open
meeting, and cause proper notice to be given to all parties.
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