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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 55REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT
SUBCHAPTER FREQUESTS FOR RECONSIDERATION OR CONTESTED CASE HEARING
RULE §55.205Request by Group or Association

(a) A group or association may request a contested case hearing only if the group or association meets all of the following requirements:

  (1) one or more members of the group or association would otherwise have standing to request a hearing in their own right;

  (2) the interests the group or association seeks to protect are germane to the organization's purpose; and

  (3) neither the claim asserted nor the relief requested requires the participation of the individual members in the case.

(b) For applications filed on or after September 1, 2015, a request by a group or association for a contested case may not be granted unless all of the following requirements are met:

  (1) comments on the application are timely submitted by the group or association;

  (2) the request identifies, by name and physical address, one or more members of the group or association that would otherwise have standing to request a hearing in their own right;

  (3) the interests the group or association seeks to protect are germane to the organization's purpose; and

  (4) neither the claim asserted nor the relief requested requires the participation of the individual members in the case.

(c) The executive director, the public interest counsel, or the applicant may request that a group or association provide an explanation of how the group or association meets the requirements of subsection (a) or (b) of this section. The request and reply shall be filed according to the procedure in §55.209 of this title (relating to Processing Requests for Reconsideration and Contested Case Hearing).


Source Note: The provisions of this §55.205 adopted to be effective October 20, 1999, 24 TexReg 9015; amended to be effective December 31, 2015, 40 TexReg 9660

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