(a) The CMP coordinator shall, by certified mail or
hand delivery, provide notice of any hearing at which the commissioner
will review a proposed action to:
(1) the subdivision proposing the action;
(2) the applicant, if other than the subdivision; and
(3) the person(s) filing the Request for Referral.
(b) In conducting reviews, the commissioner shall consider
only:
(1) the record before the subdivision involved in the
matter under review;
(2) the subdivision's findings;
(3) applicable laws and rules;
(4) any additional information provided by the subdivision;
and
(5) the oral or written testimony of any person regarding
the CMP as the testimony relates to the subdivision proposed action
or activity. Notice of the period during which testimony will be received
shall be published in the Texas Register and
in a newspaper of general circulation in each county directly affected
by the matter under review before the review period begins. The commissioner
may reasonably limit the length and format of the testimony and the
time at which it will be received.
(c) If the subdivision did not hold a hearing, make
a record, or make findings, the commissioner may hold a hearing and
make findings necessary for a complete and thorough review.
(d) The commissioner shall determine whether an action
is consistent with the CMP goals and policies before the 26th day
after the subdivision has proposed the action.
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Source Note: The provisions of this §29.67 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301 |