| (a) Purpose. The purpose of this chapter is to provide
a system of procedures for practice before the commission that will
promote the just and efficient disposition of proceedings and public
participation in the decision-making process. The provisions of this
chapter shall be given a fair and impartial construction to attain
these objectives.
(b) Scope.
(1) This chapter shall govern the initiation, conduct,
and determination of proceedings required or permitted by law in matters
regulated by the commission, whether instituted by order of the commission
or by the filing of an application, complaint, petition, or any other
pleading.
(2) This chapter shall not be construed so as to enlarge,
diminish, modify, or otherwise alter the jurisdiction, powers, or
authority of the commission, its staff, or the substantive rights
of any person.
(3) This chapter shall not apply to matters related
solely to the internal personnel rules and practices of this agency.
(4) To the extent that any provision of this chapter
is in conflict with any statute or substantive rule of the commission,
the statute or substantive rule shall control.
(5) In matters referred to the State Office of Administrative
Hearings (SOAH), hearings or other proceedings are governed by 1 TAC
Chapter 155 (relating to Rules of Procedures) adopted by SOAH. To
the extent that any provision of this chapter is in conflict with
SOAH Rules of Procedures, the SOAH rules shall control.
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| Source Note: The provisions of this §401.1 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective June 28, 2011, 36 TexReg 3936; amended to be effective February 26, 2015, 40 TexReg 826 |
