(a) Applicability. This section applies only when another
section makes a specific reference to this section.
(b) Application.
(1) A railroad shall submit an application for administrative
review to the following address: Director, Rail Division, Texas Department
of Transportation, 125 East 11th Street, Austin, Texas 78701.
(2) The application shall explain the relief requested,
all relevant facts, and the legal basis for the relief sought.
(3) If the application seeks review of a department
decision given to the railroad in writing, the railroad shall submit
an application for review no later than 30 days after receipt of the
written decision.
(c) Decision. The executive director, or his designee
not below division director, shall decide whether to grant, grant
in part, or deny the application. If an applicant does not provide
information sufficient to evaluate the application, the application
shall be denied. The applicant is not entitled to a contested case
hearing, and there is no right to appeal the decision.
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Source Note: The provisions of this §7.42 adopted to be effective January 5, 2006, 30 TexReg 8993; amended to be effective April 1, 2011, 36 TexReg 1690; amended to be effective July 15, 2015, 40 TexReg 4462; amended to be effective June 17, 2020, 45 TexReg 4057 |