| (a) A proposed action of an agency listed in §29.11(a)
of this chapter (relating to Actions and Rules Subject to the Coastal
Management Program) may be referred to the commissioner for review
to determine consistency with the CMP goals and policies only if:
(1) the agency has proposed the action for which referral
is sought;
(2) the consistency determination for the proposed
action was contested by:
(A) a committee member or an agency that was a party
in a formal hearing under Government Code, Chapter 2001, or in an
alternative dispute resolution process; or
(B) a committee member or other person by the filing
of written comments with the agency before the action was proposed
if the proposed action is one for which a formal hearing under Government
Code, Chapter 2001, is not available;
(3) a person described by subsection (a)(2) of this
section files a request for referral within ten days of the date the
action is proposed alleging a significant unresolved dispute regarding
the proposed action's consistency with the CMP goals and policies;
and
(4) any three committee members other than the representative
of the Texas Sea Grant College Program agree within 13 days of the
date the action is proposed that there is a significant unresolved
dispute regarding the proposed action's consistency with the CMP goals
and policies and the matter is referred to the commissioner for review.
(b) If consistency review thresholds are in effect
under §29.26 of this chapter (relating to Approval of Thresholds
for Referral), the commissioner may not review a proposed action for
consistency with the CMP goals and policies unless the requirements
of subsection (a) of this section are satisfied and:
(1) if the proposed action is one for which a formal
hearing under Government Code, Title 10, Subtitle A, Chapter 2001,
is available:
(A) the action exceeds the applicable thresholds and
the agency's consistency determination was contested in a formal hearing
or an alternative dispute resolution process; or
(B) the action does not exceed the applicable thresholds
but may directly and adversely affect a critical area, critical dune
area, coastal park, wildlife management area or preserve, or Gulf
beach and a state agency contested the agency's consistency determination
in a formal hearing; or
(2) if the proposed action is one for which a formal
hearing under Government Code, Chapter 2001, is not available to contest
the agency's determination, the action exceeds the applicable thresholds.
(c) For purposes of this subchapter, an action subject
to the contested case provisions of Government Code, Chapter 2001,
is proposed when a notice of a decision or order is issued under Government
Code, §2001.142.
(d) The commissioner must consider and act on a matter
referred under this section before the 26th day after the date the
agency or subdivision proposed the action.
|
| Source Note: The provisions of this §29.32 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 29, 2006, 31 TexReg 8842; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675 |
