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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 80CONTESTED CASE HEARINGS
SUBCHAPTER AGENERAL RULES
RULE §80.5Referral to SOAH

(a) Any application that is declared administratively complete before September 1, 1999 is subject to this section. When a case is referred to SOAH, the chief clerk shall:

  (1) file with SOAH a Request for Setting of Hearing form, or Request for Assignment of Administrative Law Judge form, whichever is appropriate;

  (2) coordinate with SOAH to determine a time and place for hearing;

  (3) issue public notice of the hearing as required by law and commission rules; and

  (4) send a copy of the chief clerk's case file to SOAH.

(b) The commission shall provide to the judge a list of issues or areas that must be addressed. In addition, the commission may identify and provide additional issues or areas that must be addressed to the judge, or may limit issues or areas to be addressed, at any time. In an enforcement case, the executive director's petition or EDPR shall serve as the list of issues or areas that must be addressed.


Source Note: The provisions of this §80.5 adopted to be effective June 6, 1996, 21 TexReg 4763; amended to be effective September 23, 1999, 24 TexReg 8276

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