|(a) Applications qualified for informal disposition. An application,
other than a major rate proceeding, may be approved by the commission without
a hearing under the following conditions:
(1) at least 15 days have passed since the completion of all
(2) the decision is not adverse to any party other than the
commission staff; and
(3) the commission finds that no hearing is necessary.
(b) Methods of disposition.
(1) Notice of approval. Upon delegation by the commission,
certain uncontested applications may be approved by the presiding officer
through a notice of approval without consideration by the commission at open
meeting. The commission shall maintain a list of the types of applications
eligible for disposition by notice of approval.
(2) Proposed order. For all other applications, the presiding
officer shall prepare a proposed order which shall be served on all parties
no less than 20 days before the commission is scheduled to consider the application
in open meeting.
(c) Corrections and exceptions.
(1) Corrections to notice of approval. Parties may file suggested
corrections to a notice of approval within 15 days of the issuance of such
notice. Corrections may be made at the discretion of the presiding officer.
(2) Exceptions to proposed order. Parties may file exceptions
or suggested corrections to the proposed order, no less than seven days before
the commission is scheduled to consider the application in an open meeting.
(d) Rehearing. Nothing in this section shall be construed to
alter a party's ability to request rehearing pursuant to §22.264 of this
title (relating to Rehearing).
(e) Notice requirements. Nothing in this section shall be construed
to alter any notice requirement imposed on any proceeding by statute, rule,
(f) Time limits. Nothing in this section shall be construed
to alter any time limit imposed on any proceeding by a statute, rule, or order.
|Source Note: The provisions of this §22.35 adopted to be effective September 8, 1995, 20 TexReg 6627; amended to be effective July 22, 1998, 23 TexReg 7364; amended to be effective March 26, 2001, 26 TexReg 2351