(a) Hearings before the commission under this chapter
shall be conducted in accordance with Chapter 10 of this title (relating
to Commission Meetings). Contested case hearings shall be conducted
under the Texas Administrative Procedure Act (APA) and Chapter 80
of this title (relating to Contested Case Hearings).
(b) If a contested case hearing is requested on the
application, and the commission grants the request, the commission
shall either conduct the contested case hearing or remand the matter
to the State Office of Administrative Hearings (SOAH).
(c) The commission or judge may, consistent with the
requirements of the APA, reduce the time periods specified in the
commission's rules governing contested case hearings.
(d) For any hearing on a temporary or emergency order,
the following procedures will apply:
(1) parties will be designated by the commission or
judge. To be designated as a party, the person seeking party status
must show a justiciable interest. For each hearing under this section,
the applicant, the public interest counsel, and the executive director
are parties by rule;
(2) the testimony of all witnesses will be under oath,
with an opportunity for questioning by the commission or judge and
cross-examination by the other parties;
(3) other parties to the hearing will be given an opportunity
to present rebuttal evidence and testimony;
(4) the applicant will have the burden of proving its
need for an emergency or temporary order, and will have the right
to open and close the evidentiary parts of the hearing. The fact that
an emergency order was issued without a hearing, standing alone, will
not constitute evidence of the need for such authorization; and
(5) the commission or judge will have the right to
limit the number of witnesses; to limit the time for direct questioning
or cross-examination of a witness; to refuse illustrative and documentary
evidence; and to limit argument.
(e) If a hearing request is denied, the procedures
contained in §80.272 and §80.273 of this title (relating
to Motion for Rehearing; and Decision Final and Appealable) apply.
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