| (7) The executive director's decision is effective
and for purposes of judicial review, constitutes final and appealable
commission action on the date the executive director mails notice
of his decision or the date the appeal is automatically denied.
(8) During the pendency of an appeal to the executive
director or judicial review of the executive director's decision under
this subsection, the agency shall not, for the person or site for
which the classification is under appeal or judicial review:
(A) conduct an announced investigation;
(B) grant or renew a flexible permit under THSC, Chapter
382;
(C) allow participation in the regulatory flexibility
program under TWC, §5.758; or
(D) grant authority to discharge under a general permit
under TWC, §26.040(h).
(f) Corrections of classifications. The executive director,
on his own motion or the request of any person, at any time may correct
any clerical errors in person or site classifications. If a person
classification is corrected, the executive director shall notify the
person whose classification has been corrected. If a site classification
is corrected, the executive director shall notify the site owner and
permit holder (if different). If the correction results in a change
to a classification that is subject to appeal under subsection (e)
of this section, then an appeal may be filed no later than 45 days
after posting of the correction on the commission's website. Clerical
errors under this section include typographical errors and mathematical
errors.
(g) Compliance history evidence. Any party in a contested
case hearing may submit information pertaining to a person's compliance
history, including the underlying components of classifications, subject
to the requirements of §80.127 of this title (relating to Evidence).
A person or site classification itself shall not be a contested issue
in a permitting or enforcement hearing.
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