| (a) Any application that is declared administratively
complete on or after September 1, 1999, is subject to this section.
(b) Judge's proposal for decision regarding an application
filed before September 1, 2015, applications not referred under Texas
Water Code (TWC), §5.556 or §5.557, or applications not
subject to TWC, §11.122(b-1). After closing the hearing record,
the judge shall file a written proposal for decision with the chief
clerk no later than the end of the maximum expected duration set by
the commission and shall send a copy by certified mail to the executive
director and to each party.
(c) Judge's proposal for decision regarding an application
filed on or after September 1, 2015, and referred under TWC, §5.556
or §5.557. After closing the hearing record, the judge shall
file a written proposal for decision with the chief clerk no later
than 180 days after the first day of the preliminary hearing, the
date specified by the commission, or the date to which the deadline
was extended pursuant to Texas Government Code, §2003.047(e-3).
Additionally, the judge shall send a copy by certified mail to the
executive director and to each party.
(d) Judge's proposal for decision regarding an application
filed on or after September 1, 2017, and subject to TWC, §11.122(b-1).
After closing the hearing record, the judge shall file a written proposal
for decision with the chief clerk no later than 270 days after the
first day of the preliminary hearing, the date specified by the commission,
or the date to which the deadline was extended pursuant to Texas Government
Code, §2003.047(e-3). Additionally, the judge shall send a copy
by certified mail to the executive director and to each party.
(e) Proposal for decision: adverse to a party. A proposal
for decision shall be filed by the judge who conducted the hearing
or by a substitute judge who has read the record. If the proposal
for decision is adverse to a party to the proceeding, it shall contain
a statement of the reasons for the proposal as well as findings of
fact and conclusions of law which support the proposal on any issue
referred by the commission or added by the judge. If any party has
filed proposed findings of fact upon the judge's request, the judge
shall include with the proposal for decision recommended rulings on
all findings of fact so proposed. Where more than one judge has been
assigned to hear a particular proceeding, the presiding judge will
issue the proposal for decision and the other assigned judge or judges
may file comments.
(f) Proposal for decision: not adverse to any party.
If the proposal for decision is not adverse to any party to the proceeding,
the judge may informally dispose of the matter by proposing to the
commission an order which need not contain findings of fact, conclusions
of law, or reasons for the proposal. If the proposal for decision
is not adverse to any party and a permit is to be issued, the judge
need not propose an order to the commission.
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| Source Note: The provisions of this §80.252 adopted to be effective September 23, 1999, 24 TexReg 8276; amended to be effective November 15, 2001, 26 TexReg 9105; amended to be effective December 31, 2015, 40 TexReg 9680; amended to be effective August 16, 2018, 43 TexReg 5214 |
