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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 295WATER RIGHTS, PROCEDURAL
SUBCHAPTER DCONTESTED CASE HEARING
RULE §295.173Action on Application Without Contested Case Hearing

The commission may take action on an application requiring public notice at a regular meeting, without holding a contested case hearing, provided:

  (1) at least 30 days prior to the regular meeting at which action is taken, notice of the application has been given by publication and by mail and:

    (A) no person has requested a contested case hearing within 30 days of the publication of notice or within any extension of that period authorized by the commission; or

    (B) the commission has denied all timely filed hearing requests for failing to meet applicable requirements; and

  (2) no commissioner has submitted a request for a contested case hearing within the 30-day period after publication of the notice or requests a contested case hearing at the regular meeting of the commission at which action on the application could be taken according to such notice.


Source Note: The provisions of this §295.173 adopted to be effective May 28, 1986, 11 TexReg 2326; amended to be effective August 31, 2006, 31 TexReg 6751

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