| (a) The CMP coordinator shall, by certified mail or
hand delivery, provide notice of the hearing at which the commissioner
will review a proposed action to:
(1) the agency proposing the action under review;
(2) the applicant, if any, before the agency;
(3) the person(s) filing the Request for Referral;
and
(4) if the action was the subject of a formal hearing
under Government Code, Chapter 2001, before the agency, all persons
who were named as parties to the proceeding or their representatives.
(b) The notice to the applicant and the agency shall
include a statement that no person may conduct activities authorized
by the proposed agency action that would irreparably alter or damage
the CNRA identified in the applicable policy.
(c) In conducting reviews, the commissioner shall consider
only:
(1) the record before the agency proposing the action
under review;
(2) the agency's findings;
(3) applicable laws and rules;
(4) any additional information provided by that agency;
and
(5) the oral or written testimony of any person regarding
the CMP as the testimony relates to the agency's proposed action under
review. Notice of the period during which testimony will be received
shall be published in the Texas Register and in a newspaper
of general circulation in each county directly affected by the matter
under review before the review period begins. The commissioner may
reasonably limit the length and format of the testimony and the time
at which it will be received.
(d) If the agency did not hold a hearing, make a record,
or make findings, the commissioner may hold a hearing and make findings
necessary for a complete and thorough review.
(e) The commissioner must consider and act on a matter
referred before the 26th day after the date the agency proposed the
action.
(f) The commissioner may not review a consistency determination
of the GLO, the commissioner, or the School Land Board. The commissioner
shall refer a request for review of the consistency of an action
by one of these entities to the attorney general not later than the
second day after the date the commissioner receives the request. If
the attorney general protests the action, such a protest has the same
effect as a protest by the commissioner.
|
| Source Note: The provisions of this §29.35 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 |
