| (a) When a petition or appeal is filed, the commission
shall determine within 30 days of the filing of the petition or appeal
whether the petition contains all of the information required by this
subchapter. For purposes of this section only, the initial review
of probable grounds shall be limited to a determination whether the
petitioner has met the requirements §24.305 of this title (relating
to Petition or Appeal). If the commission determines that the petition
or appeal does not meet the requirements of §24.305 of this title,
the commission shall inform the petitioner of the deficiencies within
the petition or appeal and allow the petitioner the opportunity to
correct these deficiencies. If the commission determines that the
petition or appeal does meet the requirements of §24.305 of this
title, the commission shall forward the petition or appeal to the
State Office of Administrative Hearings for an evidentiary hearing.
(b) For a petition or appeal to review a rate that
is charged pursuant to a written contract, the commission will forward
the petition or appeal to the State Office of Administrative Hearings
to conduct an evidentiary hearing on public interest.
(c) For a petition or appeal to review a rate that
is not charged pursuant to a written contract, the commission will
forward the petition or appeal to the State Office of Administrative
Hearings to conduct an evidentiary hearing on the rate.
(d) If the seller and buyer do not agree that the protested
rate is charged pursuant to a written contract, the administrative
law judge shall abate the proceedings until the contract dispute over
whether the protested rate is part of the contract has been resolved
by a court of proper jurisdiction.
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