Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter F - POST HEARING PROCEDURES › Section 80.252 - Judge's Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Any application
				  that is declared administratively complete on or after September 1, 1999, is
				  subject to this section.
(b)
				  Judge's proposal for decision regarding an application filed before September
				  1, 2015, applications not referred under Texas Water Code (TWC), §5.556 or
				  §5.557, or applications not subject to TWC, §11.122(b-1). After
				  closing the hearing record, the judge shall file a written proposal for
				  decision with the chief clerk no later than the end of the maximum expected
				  duration set by the commission and shall send a copy by certified mail to the
				  executive director and to each party.
(c) Judge's proposal for decision regarding
				  an application filed on or after September 1, 2015, and referred under TWC,
				  §5.556 or §5.557. After closing the hearing record, the judge shall
				  file a written proposal for decision with the chief clerk no later than 180
				  days after the first day of the preliminary hearing, the date specified by the
				  commission, or the date to which the deadline was extended pursuant to Texas
				  Government Code, §
										2003.047(e-3).
				  Additionally, the judge shall send a copy by certified mail to the executive
				  director and to each party.
(d)
				  Judge's proposal for decision regarding an application filed on or after
				  September 1, 2017, and subject to TWC, §11.122(b-1). After closing the
				  hearing record, the judge shall file a written proposal for decision with the
				  chief clerk no later than 270 days after the first day of the preliminary
				  hearing, the date specified by the commission, or the date to which the
				  deadline was extended pursuant to Texas Government Code, §
										2003.047(e-3).
				  Additionally, the judge shall send a copy by certified mail to the executive
				  director and to each party.
(e)
				  Proposal for decision: adverse to a party. A proposal for decision shall be
				  filed by the judge who conducted the hearing or by a substitute judge who has
				  read the record. If the proposal for decision is adverse to a party to the
				  proceeding, it shall contain a statement of the reasons for the proposal as
				  well as findings of fact and conclusions of law which support the proposal on
				  any issue referred by the commission or added by the judge. If any party has
				  filed proposed findings of fact upon the judge's request, the judge shall
				  include with the proposal for decision recommended rulings on all findings of
				  fact so proposed. Where more than one judge has been assigned to hear a
				  particular proceeding, the presiding judge will issue the proposal for decision
				  and the other assigned judge or judges may file comments.
(f) Proposal for decision: not adverse to any
				  party. If the proposal for decision is not adverse to any party to the
				  proceeding, the judge may informally dispose of the matter by proposing to the
				  commission an order which need not contain findings of fact, conclusions of
				  law, or reasons for the proposal. If the proposal for decision is not adverse
				  to any party and a permit is to be issued, the judge need not propose an order
				  to the commission.