| (a) To seek commissioner review of a proposed agency
action listed in §29.11(a) of this chapter (relating to Actions
and Rules Subject to the Coastal Management Program), a person described
in §29.32(a)(2) of this chapter (relating to Requirements for
Referral of a Proposed Agency Action) must file a written Request
for Referral with the CMP coordinator. The request must be filed no
later than ten days after the agency has proposed the action for which
consistency review is sought.
(b) The Request for Referral shall include:
(1) the names, addresses, and signatures of all persons
joining in the request;
(2) a certificate of service indicating that copies
of the request have been provided by hand delivery or certified mail
to:
(A) the agency proposing the action for which review
is sought;
(B) the applicant, if any, before the agency; and
(C) if the proposed action was the subject of a formal
hearing under Government Code, Chapter 2001, all persons who were
named as parties to the proceeding or their representatives;
(3) a description of the proposed action for which
review is sought indicating the date of the agency's proposed action
and a copy of the proposed order, permit, or other official agency
decision document;
(4) a statement demonstrating, by reference to the
requirements of §29.32 of this chapter, that the proposed action
is subject to referral; and
(5) a clear and concise statement of the significant
unresolved dispute regarding the proposed action's consistency with
the CMP goals and policies, including specific reference to the applicable
goals and policies and to the applicable facts in the agency's decision
record.
|
| Source Note: The provisions of this §29.33 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 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 |
