| (a) In all proceedings, the moving party has the right
to open and close. Where several matters have been consolidated, the
judge will designate who will open and close. The judge will determine
at what stage other parties will be permitted to offer evidence and
argument. After all parties have completed the presentation of their
evidence, the judge may call upon any party for further material or
relevant evidence upon any issue.
(b) The applicant shall present evidence to meet its
burden of proof on the application, followed by the protesting parties,
the public interest counsel, and the executive director. In all cases,
the applicant shall be allowed a rebuttal. Any party may present a
rebuttal case when another party presents evidence that could not
have been reasonably anticipated. For applications subject to subsection
(c) of this section, the applicant's presentation of evidence to meet
its burden of proof may consist solely of the filing with the State
Office of Administrative Hearings (SOAH), and admittance by the judge,
of the administrative record as described in subsection (c) of this
section.
(c) For contested cases regarding a permit application
filed on or after September 1, 2015, and referred to SOAH under Texas
Water Code, §5.556 or §5.557:
(1) The filing of the administrative record as described
in §80.118(c) of this title (relating to Administrative Record)
establishes a prima facie demonstration that:
(A) the draft permit meets all applicable state and
federal legal and technical requirements; and
(B) a permit, if issued consistent with the draft permit
in the administrative record, would protect human health and safety,
the environment, and physical property.
(2) The applicant, protesting parties, the public interest
counsel, and the executive director may present evidence after admittance
of the administrative record by the judge.
(3) Any party may present evidence to rebut the prima
facie demonstration by demonstrating that one or more provisions in
the draft permit violate a specifically applicable state or federal
requirement that relates to a matter directly referred to SOAH or
referred by the commission. If the prima facie demonstration is rebutted,
the applicant or the executive director may present additional evidence
to support the executive director's draft permit.
(d) In all contested enforcement case hearings, the
executive director has the right to open and close. In all such cases,
the executive director shall be allowed to close with his rebuttal.
|
| Source Note: The provisions of this §80.117 adopted to be effective June 6, 1996, 21 TexReg 4763; amended to be effective November 15, 2001, 26 TexReg 91058; amended to be effective May 3, 2012, 37 TexReg 3147; amended to be effective December 31, 2015, 40 TexReg 9680; amended to be effective May 14, 2020, 45 TexReg 3087 |
