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Tex. Water Code § 5.557

DIRECT REFERRAL TO CONTESTED CASE HEARING

Applied in 1 court decision — leading case Juliff Gardens v. Texas Commission on Environmental Quality (2004)

Most recently applied in Juliff Gardens v. Texas Commission on Environmental Quality (March 2004)

Added by Acts 2001, 77th Leg., ch. 935, Sec. 3, eff

(a) Immediately after the executive director issues a preliminary decision on an application under Section 5.553, the commission, on the request of the applicant or the executive director, shall refer the application directly to the State Office of Administrative Hearings for a contested case hearing on whether the application complies with all applicable statutory and regulatory requirements.

(b) Sections 5.554, 5.555, and 5.556 of this code and Sections 2003.047(e) and (f), Government Code, do not apply to an application referred for a hearing under Subsection (a).

(c) Notwithstanding Subsection (b), the commission by rule shall provide for public comment and the executive director's response to public comment to be entered into the administrative record of decision on an application.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.