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RULE §80.6Referral to SOAH

(a) Any application that is declared administratively complete on or after September 1, 1999, is subject to this section.

(b) When a case is referred to the State Office of Administrative Hearings (SOAH), the chief clerk shall:

  (1) file with SOAH a Request for Setting of Hearing form, or Request for Assignment of Administrative Law Judge form, whichever is appropriate;

  (2) coordinate with SOAH to determine a time and place for hearing;

  (3) issue public notice of the hearing as required by law and commission rules;

  (4) for applications filed before September 1, 2015, or applications not referred under Texas Water Code, §5.556 or §5.557, send a copy of the chief clerk's case file to SOAH which, in permitting matters, shall include certified copies of the following documents:

    (A) the documents described in §80.118 of this title (relating to Administrative Record); and

    (B) for cases referred under §55.210 of this title (relating to Direct Referrals) any public comment and the executive director's response to comments to be included in the administrative record, except that these documents may be sent to SOAH after referral of the case, if they are filed subsequent to referral;

  (5) for applications filed on or after September 1, 2015, and referred under Texas Water Code, §5.556 or §5.557, which are referred for hearing by the commission, file with SOAH the administrative record described in §80.118 of this title; and

  (6) send the commission's list of disputed issues and maximum expected duration of the hearing to SOAH unless the case is referred under §55.210 of this title.

(c) In an enforcement case, the executive director's petition or Executive Director Preliminary Report shall serve as the list of issues or areas that must be addressed.

(d) When a case is referred to SOAH, only those issues referred by the commission or added by the judge under §80.4(c)(16) of this title (relating to Judges) may be considered in the hearing. The judge shall provide proposed findings of fact and conclusions of law only on those issues. This subsection does not apply to a case referred under §55.210 of this title.

Source Note: The provisions of this §80.6 adopted to be effective September 23, 1999, 24 TexReg 8276; amended to be effective December 27, 2001, 26 TexReg 10611; amended to be effective December 31, 2015, 40 TexReg 9680

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