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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 80CONTESTED CASE HEARINGS
SUBCHAPTER FPOST HEARING PROCEDURES
RULE §80.275Appeal of Final Decision

(a) Petition. A person affected by a final decision or order of the commission may file a petition for judicial review within 30 days after the decision or order is final and appealable. General procedures for appealing an order of the commission in contested cases are governed by the APA.

(b) The record. The record in a contested case shall include the following:

  (1) all pleadings, motions, and intermediate rulings;

  (2) evidence received or considered;

  (3) a statement of matters officially noticed;

  (4) questions and offers of proof, objections, and rulings on them;

  (5) summaries of the results of any conferences held before or during the hearing;

  (6) proposed findings, exceptions, and briefs;

  (7) any decision, opinion, or report by the officer presiding at the hearing;

  (8) prefiled testimony;

  (9) all staff memoranda or data submitted to or considered by the judge or commissioners who are involved in the decision; and

  (10) the final order and all interlocutory orders.


Source Note: The provisions of this §80.275 adopted to be effective June 6, 1996, 21 TexReg 4763

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