| (a) The commissioner shall issue a preliminary decision
on all applications. Unless a party files a timely written appeal
to the commission, the preliminary decision of the commissioner will
become final and non-appealable when the time for appeal set out in
Finance Code §122.007 or §122.011 expires. If a party submits
a written waiver of its right to appeal, the preliminary commissioner's
decision becomes final and non-appealable on receipt of the waiver.
If a party files a timely appeal, the commissioner's preliminary decision
is automatically withdrawn and the Department will refer the matter
to SOAH. The commissioner may, at the commissioner's sole discretion,
refer any matter to SOAH for hearing prior to and in lieu of entering
a preliminary decision.
(b) Notwithstanding subsection (a) of this section,
if an application is approved without modification, and no protest
or comment was received during the notice period, the commissioner
may determine that the preliminary decision of approval should become
final immediately.
|
| Source Note: The provisions of this §93.301 adopted to be effective August 10, 1999, 24 TexReg 6027; amended to be effective February 24, 2003, 28 TexReg 1632; amended to be effective July 2, 2006, 31 TexReg 5080; amended to be effective July 11, 2010, 35 TexReg 5814; amended to be effective August 5, 2018, 43 TexReg 4965 |
