| (a) Subsections (b) - (d) of this section apply to
applications under Texas Water Code, Chapters 26 and 27 and Texas
Health and Safety Code, Chapters 361 and 382. Subsection (e)(1) of
this section applies to all applications under this subchapter. Subsections
(e)(2) and (f) of this section apply as stated in the subsection.
(b) When the commission grants a request for a contested
case hearing, the commission shall issue an order specifying the number
and scope of the issues to be referred to State Office of Administrative
Hearings (SOAH) for a hearing.
(c) The commission may not refer an issue to SOAH for
a contested case hearing unless the commission determines that the
issue:
(1) involves a disputed question of fact or a mixed
question of law and fact;
(2) was raised during the public comment period, and,
for applications filed on or after September 1, 2015, was raised in
a comment made by an affected person whose request is granted; and
(3) is relevant and material to the decision on the
application.
(d) Consistent with the nature and number of the issues
to be considered at the contested case hearing, the commission by
order shall specify the maximum expected duration of the hearing by
stating the date by which the judge is expected to issue a proposal
for decision.
(1) For applications filed before September 1, 2015,
no hearing shall be longer than one year from the first day of the
preliminary hearing to the date the proposal for decision is issued.
A judge may extend any hearing if the judge determines that failure
to grant an extension will deprive a party of due process or another
constitutional right.
(2) For applications filed on or after September 1,
2015, the administrative law judge must complete the hearing and provide
a proposal for decision by the 180th day after the first day of the
preliminary hearing, or the date specified by the commission, whichever
is earlier. This deadline may be extended by the judge if the judge
determines that failure to grant an extension would unduly deprive
a party of due process or another constitutional right, or by agreement
of the parties with approval of the judge.
(e) The commission may limit the scope of a contested
case hearing:
(1) to only those portions of a permit for which the
applicant requests action through an amendment or modification. All
terms, conditions, and provisions of an existing permit remain in
full force and effect during the proceedings, and the permittee shall
comply with an existing permit until the commission acts on the application;
and
(2) to only those requirements in Texas Health and
Safety Code, §382.055 for the review of a permit renewal.
(f) When referring a case to SOAH, for applications
other than those filed under Texas Water Code, Chapters 26 and 27
and Texas Health and Safety Code, Chapters 361 and 382, the commission
or executive director shall provide a list of disputed issues. For
hearings on these applications, the disputed issues are deemed to
be those defined by law governing these applications, unless the commission
orders otherwise under §80.6(d) of this title (relating to Referral
to SOAH).
(g) When referring a case to SOAH under Texas Water
Code, §5.556 for applications filed on or after September 1,
2015, the commission shall submit a list of detailed and complete
issues.
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