(a) This section and §55.211 of this title (relating
to Commission Action on Requests for Reconsideration or Contested
Case Hearing) apply only to requests for reconsideration and contested
case hearing that are timely filed.
(b) After the final deadline to submit requests for
reconsideration or contested case hearing, the chief clerk shall process
any requests for reconsideration or hearing by both:
(1) referring the application and requests for reconsideration
or contested case hearing to the alternative dispute resolution director.
The alternative dispute resolution director shall try to resolve any
dispute between the applicant and the requestors; and
(2) scheduling the hearing request and request for
reconsideration for a commission meeting. However, if only a request
for reconsideration is submitted and the commission has delegated
its authority to act on the request to the general counsel, the request
for reconsideration shall be scheduled for a commission meeting only
if the general counsel directs the chief clerk to do so. The chief
clerk should try to schedule the requests for a commission meeting
that will be held approximately 44 days after the final deadline for
timely filed requests for reconsideration or contested case hearing.
(c) The chief clerk shall mail notice to the applicant,
executive director, public interest counsel, and all timely commenters
and requestors at least 35 days before the first meeting at which
the commission considers the requests. The notice shall explain how
to participate in the commission decision, describe alternative dispute
resolution under commission rules, and explain the relevant requirements
of this chapter.
(d) The executive director, the public interest counsel,
and the applicant may submit written responses to the requests no
later than 23 days before the commission meeting at which the commission
will evaluate the requests. Responses shall be filed with the chief
clerk and served on the same day to the executive director, the public
interest counsel, the director of the External Relations Division,
the applicant, and any requestors.
(e) Responses to hearing requests must specifically
address:
(1) whether the requestor is an affected person;
(2) which issues raised in the hearing request are
disputed;
(3) whether the dispute involves questions of fact
or of law;
(4) whether the issues were raised during the public
comment period;
(5) whether the hearing request is based on issues
raised solely in a public comment withdrawn by the commenter in writing
by filing a withdrawal letter with the chief clerk prior to the filing
of the Executive Director's Response to Comment;
(6) whether the issues are relevant and material to
the decision on the application; and
(7) a maximum expected duration for the contested case
hearing.
(f) Responses to requests for reconsideration should
address the issues raised in the request.
(g) The requestors may submit written replies to a
response no later than nine days before the commission meeting at
which the commission will evaluate the request for reconsideration
and contested case hearing. A reply shall be filed with the chief
clerk and served on the same day to the executive director, the public
interest counsel, and the applicant.
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Source Note: The provisions of this §55.209 adopted to be effective October 20, 1999, 24 TexReg 9015; amended to be effective December 27, 2001, 26 TexReg 10606; amended to be effective May 14, 2020, 45 TexReg 3079 |