reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter A - GENERAL RULES › Section 80.27 - Form of Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) All pleadings
				  filed under this chapter should contain:
(1)
				  the name of the party;
(2) the
				  names of all other known parties;
(3) a concise statement of the facts and the
				  law relied upon;
(4) a prayer
				  stating the type of relief, action, or order desired;
(5) any other matter required by
				  statute;
(6) a certificate of
				  service; and
(7) the signature of
				  the party or the party's authorized representative.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter A - GENERAL RULES › Section 80.29 - Amended and Supplemental Pleadings in Enforcement Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) Up to seven days before the hearing,
				  parties to an enforcement action may file supplemental or amended pleadings, so
				  long as those pleadings do not operate as an unfair surprise to the opposite
				  party. Amendments after that time will be at the discretion of the judge and
				  may constitute grounds for a continuance.
(b) The executive director may amend an
				  enforcement petition to include changes in, but not limited to:
(1) the amount of the penalty up to the
				  maximum allowable by statute;
(2)
				  the violations alleged;
(3) the
				  number of days of occurrence of previously alleged violations; and
(4) the injunctive relief (or remedial
				  ordering provisions) sought.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter A - GENERAL RULES › Section 80.31 - Motions

Current through Reg. 49, No. 28; July 12, 2024
(a) A motion, unless made during a hearing,
				  shall be made in writing, shall set forth the relief or order sought, and shall
				  be timely filed with the chief clerk. Any reply to the motion shall be timely
				  filed with the chief clerk with copies served on the judge and other parties.
				  Failure to furnish copies may be grounds for withholding consideration of the
				  motion or reply. Motions based on matters which do not appear of record must be
				  supported by affidavit.
(b) Motions
				  made during a hearing shall be stated on record or filed with the
				  judge.
(c) When necessary in the
				  judgment of the judge or commission, a hearing will be held to consider any
				  motion.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter A - GENERAL RULES › Section 80.33 - Lost Records and Papers

Current through Reg. 49, No. 28; July 12, 2024
When any papers or records in the custody and control of
					 the commission are lost or destroyed, the parties, with the approval of the
					 commission, may agree in writing on a brief statement of the matters contained
					 therein or any person may at any time supply such lost records or papers as
					 follows.
(1) Any person may make a
				  written sworn motion before the commission stating the loss or destruction of
				  such record or papers, accompanied by certified copies of the originals, if
				  obtainable, or by substantially correct copies.
(2) If, upon hearing, the commission is
				  satisfied that they are substantially correct copies of the original, an order
				  will be entered substituting such copies for the missing originals.
(3) Such substituted copies will be filed
				  with and constitute a part of the record and have the force and effect of the
				  originals.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.101 - Remand to Executive Director

Current through Reg. 49, No. 28; July 12, 2024
At the request of the applicant, a judge shall remand an
					 application to the executive director if all timely hearing requests have been
					 withdrawn or denied or, if parties have been named, all parties to a contested
					 case reach a settlement so that no facts or issues remain controverted. After
					 remand, the application shall be uncontested and the applicant is deemed to
					 have agreed to the action of the executive director. The executive director may
					 act on the application or set it for a commission meeting.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.103 - Procedure Before Preliminary Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Conference before preliminary hearing.
(1) At the judge's discretion, a conference
				  before hearing may be held at a time and place stated in the notice. If notice
				  of the conference is not given in the notice of public hearing, notice of the
				  conference shall be mailed at least ten days prior to the conference or the
				  conference may be held at the public hearing date, time, and place stated in
				  the notice of public hearing. If notice of public hearing is required to be
				  published, notice of a conference to be held prior to the initial public
				  hearing date shall be published at least ten days prior to the
				  conference.
(2) Any issue
				  appropriately considered at a preliminary hearing may be considered at a
				  conference.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.105 - Preliminary Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) After the
				  required notice has been issued, the judge shall convene a preliminary hearing
				  to consider the jurisdiction of the commission over the proceeding. A
				  preliminary hearing is not required in an enforcement matter, except in those
				  under federally authorized underground injection control or Texas Pollutant
				  Discharge Elimination System programs. A preliminary hearing is required for
				  applications referred to the State Office of Administrative Hearings under
				  §
										55.210 of this
				  title (relating to Direct Referrals).
(b) If jurisdiction is established, the judge
				  shall:
(1) name the parties;
(2) accept public comment in the following
				  matters:
(A) enforcement hearings;
				  and
(B) applications under Texas
				  Water Code (TWC), §11.036 or §11.041 and TWC, Chapter 13;
(3) establish a docket control
				  order designed to complete the proceeding within the maximum expected duration
				  set by the commission. The order should include a discovery and procedural
				  schedule including a mechanism for the timely and expeditious resolution of
				  discovery disputes; and
(4) allow
				  the parties an opportunity for settlement negotiations.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.107 - Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) On the judge's own motion or on motion of
				  a party and after notice and an opportunity for a hearing, a judge may impose
				  sanctions against a party or its representative for:
(1) filing a motion or pleading that is
				  groundless and brought:
(A) in bad
				  faith;
(B) for the purpose of
				  harassment; or
(C) for any other
				  improper purpose, such as to cause unnecessary delay or needless increase in
				  the cost of the proceeding;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.108 - Executive Director Party Status in Permit Hearings

Current through Reg. 49, No. 28; July 12, 2024
The executive director is a party in all contested case
					 hearings concerning permitting matters. The executive director's participation
					 shall be to complete the administrative record and support the executive
					 director's position developed in the underlying proceeding. The executive
					 director may revise or reverse his position based on the evidence presented in
					 the hearing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.109 - Designation of Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) Determination
				  by judge. All parties to a proceeding shall be determined at the preliminary
				  hearing or when the judge otherwise designates. To be admitted as a party, a
				  person must have a justiciable interest in the matter being considered and
				  must, unless the person is specifically named in the matter being considered,
				  appear at the preliminary hearing in person or by representative and seek to be
				  admitted as a party. After parties are designated, no person will be admitted
				  as a party except upon a finding that good cause and extenuating circumstances
				  exist and that the hearing in progress will not be unreasonably
				  delayed.
(b) Parties.
(1) The executive director is a mandatory
				  party to all commission proceedings concerning matters in which the executive
				  director bears the burden of proof, and in the following commission
				  proceedings:
(A) matters concerning Texas
				  Water Code (TWC), §11.036 and §11.041; TWC, Chapters 13, 35, 36, and
				  49 - 66; and Texas Local Government Code, Chapters 375 and 395;
(B) matters arising under Texas Government
				  Code, Chapter 2260 and Chapter 11, Subchapter D of this title (relating to
				  Resolution of Contract Claims); and
(C) matters under TWC, Chapter 26, Subchapter
				  I, and Chapter 334, Subchapters H and L of this title (relating to
				  Reimbursement Program and Overpayment Prevention).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.110 - Public Interest Factors

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				  determine the nature and extent of the public interest, the public interest
				  counsel must consider the following factors before deciding to represent the
				  public interest as a party to a commission proceeding on a proposed agency
				  action:
(1) the extent to which the action may
				  impact human health;
(2) the extent
				  to which the action may impact environmental quality;
(3) the extent to which the action may impact
				  the use and enjoyment of property;
(4) the extent to which the action may impact
				  the general populace as a whole, rather than impact an individual private
				  interest;
(5) the extent and
				  significance of interest expressed in public comment received by the commission
				  regarding the action;
(6) the
				  extent to which the action promotes economic growth and the interests of
				  citizens in the vicinity most likely to be affected by the action;
(7) the extent to which the action promotes
				  the conservation or judicious use of the state's natural resources;
				  and
(8) the extent to which the
				  action serves commission policies regarding regionalization or other relevant
				  considerations regarding the need for facilities or services to be authorized
				  by the action.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.113 - Appearance

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person may appear at a hearing in
				  person or by authorized representative. A person appearing in a representative
				  capacity may be required to prove his authority.
(b) Except for good cause, the applicant or
				  petitioner shall appear at the public hearing. Failure to so appear may be
				  grounds for withholding consideration of a matter or for dismissal without
				  prejudice.
(c) An affidavit may be
				  made by either the party or a representative, unless otherwise provided by
				  statute.
(d) Failure to appear at
				  an enforcement hearing may result in a default order under §
										70.106
				  of this title (relating to Default Orders).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.115 - Rights of Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) A party has the
				  right to conduct discovery, present a direct case, cross-examine witnesses,
				  make oral and written arguments, obtain copies of all pleadings, motions,
				  replies, and other filed documents, receive copies of all notices issued by the
				  commission concerning the proceeding to which the person is a party, and, as
				  directed by the judge, otherwise fully participate as a party in the
				  proceeding. In an enforcement proceeding, no party except the executive
				  director may seek to amend or add to the violations alleged in the petition
				  that initiated the case.
(b) Except
				  in enforcement matters, a person may seek leave to withdraw his or her party
				  status at any time upon written request to the judge or by request stated on
				  the record during a hearing. Party status is not withdrawn unless and until the
				  judge grants the request for leave to withdraw.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.117 - Order of Presentation

Current through Reg. 49, No. 28; July 12, 2024
(a) In all
				  proceedings, the moving party has the right to open and close. Where several
				  matters have been consolidated, the judge will designate who will open and
				  close. The judge will determine at what stage other parties will be permitted
				  to offer evidence and argument. After all parties have completed the
				  presentation of their evidence, the judge may call upon any party for further
				  material or relevant evidence upon any issue.
(b) The applicant shall present evidence to
				  meet its burden of proof on the application, followed by the protesting
				  parties, the public interest counsel, and the executive director. In all cases,
				  the applicant shall be allowed a rebuttal. Any party may present a rebuttal
				  case when another party presents evidence that could not have been reasonably
				  anticipated. For applications subject to subsection (c) of this section, the
				  applicant's presentation of evidence to meet its burden of proof may consist
				  solely of the filing with the State Office of Administrative Hearings (SOAH),
				  and admittance by the judge, of the administrative record as described in
				  subsection (c) of this section.
(c)
				  For contested cases regarding a permit application filed on or after September
				  1, 2015, and referred to SOAH under Texas Water Code, §
										5.556 or §
										5.557:
(1) The filing of the administrative record
				  as described in §
											80.118(c)
				  of this title (relating to Administrative Record) establishes a prima facie
				  demonstration that:
(A) the draft permit
				  meets all applicable state and federal legal and technical requirements;
				  and
(B) a permit, if issued
				  consistent with the draft permit in the administrative record, would protect
				  human health and safety, the environment, and physical property.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.118 - Administrative Record

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in subsection (c) of this section, in all permit hearings, the record
				  in a contested case includes, at a minimum, the following certified copies of
				  documents:
(1) the executive director's final
				  draft permit, including any special provisions or conditions;
(2) the executive director's preliminary
				  decision, or the executive director's decision on the permit application, if
				  applicable;
(3) the summary of the
				  technical review of the permit application;
(4) the compliance summary of the
				  applicant;
(5) copies of the public
				  notices relating to the permit application, as well as affidavits regarding
				  public notices; and
(6) any agency
				  document determined by the executive director to be necessary to reflect the
				  administrative and technical review of the application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.119 - Continuance

Current through Reg. 49, No. 28; July 12, 2024
(a) The judge may continue a hearing from
				  time to time and from place to place. If the time and place for the hearing to
				  reconvene are not announced at the hearing, a notice shall be mailed at a
				  reasonable time to all parties and other persons who, in the opinion of the
				  judge, may be affected by action taken as a result of the hearing.
(b) Motions for continuance shall be in
				  writing or stated on the record, and shall be sworn unless the facts alleged
				  therein to show good cause are part of the record of the proceeding.
(c) Upon joint motion of all parties, the
				  judge may continue the hearing to allow the parties to use alternative dispute
				  resolution procedures or to engage in and complete settlement
				  negotiations.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.125 - Agreements

Current through Reg. 49, No. 28; July 12, 2024
Agreements between parties affecting any pending matter
					 must be in writing, signed and filed as a part of the record, or announced at
					 the hearing and entered in the record.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.126 - Public Comment in Direct Referrals

Current through Reg. 49, No. 28; July 12, 2024
In permit cases referred under §
										55.210 of this
					 title (relating to Direct Referrals), all timely public comment on the
					 application and the executive director's responses to timely, relevant and
					 material, or significant public comment shall be admitted into the
					 administrative record as defined by §
										80.118 of
					 this title (relating to Administrative Record). The response shall specify the
					 provisions of the draft permit that have been changed in response to public
					 comment and the reasons for the changes. The parties may be allowed to respond
					 and to present evidence on each issue raised in public comment or the executive
					 director's responses. The commission shall consider all public comment in
					 making its decision and shall either adopt the executive director's response to
					 public comment or prepare its own response.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.127 - Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) General admissibility of evidence.
(1) Irrelevant, immaterial, or unduly
				  repetitious evidence shall be excluded. The Texas Rules of Civil Evidence, as
				  applied in nonjury civil cases in the district courts of this state, shall be
				  followed. When necessary to ascertain facts not reasonably susceptible of proof
				  under those rules, evidence not admissible under those rules may be admitted,
				  except where precluded by statute, if it is of a type commonly relied upon by
				  reasonably prudent people in the conduct of their affairs. The judge shall give
				  effect to the rules of privilege recognized by law.
(2) Testimony will be received only from
				  witnesses called by a party or the judge. The judge may allow or request
				  testimony from any person whose position is not adequately represented by any
				  party, subject to cross-examination by all parties. Such testimony shall only
				  be allowed at the judge's discretion. All parties shall have an opportunity to
				  conduct discovery of such person.
(3) Testimony offered by any witness shall be
				  under oath.
(4) In a contested case
				  hearing concerning a permit application, the executive director shall not
				  rehabilitate the testimony of a witness unless the witness is an agency
				  employee testifying for the sole purpose of providing information to complete
				  the administrative record.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.128 - Specific Admissibility of Evidence for Concrete Batch Plants

Current through Reg. 49, No. 28; July 12, 2024
If the commission considers air dispersion modeling
					 information in the course of issuing a standard permit under Chapter 116,
					 Subchapter F of this title (relating to Standard Permits) for a plant that
					 performs wet batch, dry batching, or central mixing, evidence regarding air
					 dispersion modeling may not be submitted at a hearing under Texas Health and
					 Safety Code, §
										382.056.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.129 - Objections

Current through Reg. 49, No. 28; July 12, 2024
Objections shall be timely noted in the record. Formal
					 exception to the ruling of the judge is not necessary to preserve the objecting
					 party's right on appeal.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.131 - Interlocutory Appeals and Certified Questions

Current through Reg. 49, No. 28; July 12, 2024
(a) No interlocutory appeals may be made to
				  the commission by a party to a proceeding before a judge except that in an
				  enforcement action a party may seek an interlocutory appeal to the commission
				  on jurisdictional issues only.
(b)
				  On a motion by a party or on the judge's own motion, the judge may certify a
				  question to the commission. Certified questions may be made at any time during
				  a proceeding, regarding commission policy, jurisdiction, or the imposition of
				  any sanction by the judge which would substantially impair a party's ability to
				  present its case. Policy questions for certification purposes include, but are
				  not limited to:
(1) the commission's
				  interpretation of its rules and applicable statutes;
(2) which rules or statutes are applicable to
				  the proceeding; or
(3) whether
				  commission policy should be established or clarified as to a substantive or
				  procedural issue of significance to the proceeding.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.133 - Oral Argument

Current through Reg. 49, No. 28; July 12, 2024
At the conclusion of the hearing, oral argument may be
					 heard upon request of the parties or at the judge's direction. The judge may
					 prescribe reasonable time limits, and may require or accept written briefs in
					 lieu of oral arguments, and may set a schedule for the submission of written
					 briefs.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.135 - Submittal of Findings of Fact and Conclusions of Law

Current through Reg. 49, No. 28; July 12, 2024
The judge may request that the parties submit proposed
					 findings of fact and conclusions of law separately stated.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter C - HEARING PROCEDURES › Section 80.137 - Summary Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) Motion. After
				  the preliminary hearing and up to 21 days before the evidentiary hearing, a
				  party may file a motion for a summary disposition of all or any part of an
				  action. The motion shall state the specific issues upon which summary
				  disposition is sought, and the specific grounds justifying the summary
				  disposition. Except upon leave of the judge, with notice to opposing parties,
				  the motion, any supporting affidavits, and any other relevant documentary
				  evidence shall be filed and served at least 21 days before the date set for
				  ruling on the motion.
(b) Written
				  response. Except upon leave of the judge, a party may file and serve a written
				  response, any supporting affidavits, and any other relevant documentary
				  evidence at least seven days before the date set for ruling on the
				  motion.
(c) Summary disposition.
				  Summary disposition shall be rendered if the pleadings, admissions, affidavits,
				  stipulations, deposition transcripts, interrogatory answers, other discovery
				  responses, exhibits and authenticated or certified public records, if any, on
				  file in the case at the time of the hearing, or filed thereafter and before
				  judgment with the permission of the judge, show that there is no genuine issue
				  as to any material fact and the moving party is entitled to summary disposition
				  as a matter of law on all or some of the issues expressly set out in the motion
				  or in an answer or any other response.
(d) Testimony. A summary disposition may be
				  based on uncontroverted testimonial evidence of an interested witness, or of an
				  expert witness as to subject matter concerning which the judge must be guided
				  solely by the opinion testimony of experts. The evidence must be clear,
				  positive and direct, otherwise credible and free from contradictions and
				  inconsistencies, and could have been readily controverted. No oral testimony
				  shall be received at a hearing on a motion for summary disposition.
(e) Appendices, references and other use of
				  discovery not otherwise on file. Discovery products not on file with the chief
				  clerk may be used as summary disposition evidence if copies of the material,
				  appendices containing the evidence, or a notice containing specific references
				  to the discovery or specific references to other instruments, are filed and
				  served on all parties together with a statement of intent to use the specified
				  discovery as summary disposition proofs:
(1)
				  at least 21 days before the date set for ruling on the motion if such proofs
				  are to be used to support the summary disposition; or
(2) at least seven days before the date set
				  for ruling on the motion if such proofs are to be used to oppose the summary
				  disposition.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter D - DISCOVERY › Section 80.151 - Discovery Generally

Current through Reg. 49, No. 28; July 12, 2024
(a) Discovery shall
				  be conducted according to the Texas Rules of Civil Procedure, unless commission
				  rules provide or the judge orders otherwise. The Texas Rules of Civil Procedure
				  shall be interpreted consistently with this chapter, the Texas Water Code, the
				  Texas Health and Safety Code, and the Texas Administrative Procedure Act.
				  Drafts of prefiled testimony are not discoverable.
(b) Discovery in contested case hearings
				  using prefiled testimony.
(1) This subsection
				  is applicable to contested case hearings for applications which are subject to
				  the jurisdiction of the State Office of Administrative Hearings (SOAH) under 1
				  TAC §
											155.51(relating to
				  Jurisdiction), except for:
(A) water
				  ratemaking proceedings; and
(B)
				  sewer ratemaking proceedings.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter D - DISCOVERY › Section 80.152 - Scope and Level of Discovery

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) The
				  scope of permissible discovery in contested case hearings is limited to:
(1) any matter reasonably calculated to lead
				  to the discovery of admissible evidence regarding any issue referred to the
				  administrative law judge by the commission or that the administrative law judge
				  has agreed to consider; and
(2)
				  production of documents:
(A) reviewed or
				  relied on in preparing application materials or selecting the site of the
				  proposed facility; or
(B) relating
				  to the ownership of the applicant or of the owner or operator of the facility
				  or proposed facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter D - DISCOVERY › Section 80.153 - Issuance of Subpoena or Commission To Take Deposition

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon proper request by a party, the judge
				  shall issue subpoenas and commissions to take depositions according to the APA.
				  A request for issuance shall be filed with the chief clerk, and a copy shall be
				  served on the judge and the parties.
(b) Before seeking issuance of either a
				  subpoena or commission, the requestor shall attempt to secure voluntary
				  appearance of the witness or production of materials. If this is not possible,
				  the requestor shall indicate what circumstances prevent such voluntary
				  appearance or production in the request.
(c) If the requestor and witness sign an
				  Agreement to Waive Fee form, subpoenas and commissions may be issued without a
				  witness fee deposit. Only a non-party witness or deponent is entitled to
				  receive this fee to the extent provided in §
										80.21 of
				  this title (relating to Witness Fees).
(d) If the witness fee is not waived, the
				  requestor shall make the witness fee deposit in the appropriate amount as
				  indicated on the forms requesting issuance. This amount is based on an estimate
				  of the mileage to be traveled to and from the hearing or deposition, if over 25
				  miles, and days expected to be spent in the hearing or deposition. This deposit
				  should be made payable to the commission and should be filed with chief clerk
				  and must be made before issuance of the subpoena or commission.
(e) Upon deposit of all necessary monies and
				  completion of all forms, the subpoena or commission shall be issued to the
				  requestor to effect service.
(f) If
				  a subpoena or commission to take deposition is served on an agency employee,
				  the executive director's legal staff may participate in defending the
				  deposition.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter D - DISCOVERY › Section 80.155 - Form of Subpoena

Current through Reg. 49, No. 28; July 12, 2024
The heading of the subpoena shall be "The State Office of
					 Administrative Hearings." It shall state the style of the hearing, that the
					 hearing is pending before SOAH, the time and place at which the witness is
					 required to appear, and the party at whose insistence the witness is summoned.
					 It shall be signed by the judge, but need not be under the seal of SOAH and the
					 date of issuance shall be noted thereon. It may be made returnable forthwith,
					 or on any date for which hearing of the docketed matter may be set. It shall be
					 addressed to any sheriff or constable of the State of Texas or other person
					 authorized to serve subpoenas as provided in Rule 178, Texas Rules of Civil
					 Procedure.
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 80.253 - Enforcement Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) In an
				  enforcement case, a proposal for decision shall also include a proposal for
				  remedial relief (technical ordering provisions) where appropriate, and one of
				  the following recommendations:
(1) that a
				  violation has occurred and that a specific amount of penalties should be
				  assessed;
(2) that a violation has
				  occurred but that no penalty should be assessed; or
(3) that no violation has occurred.
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 80.254 - Settlement of Enforcement Cases

Current through Reg. 49, No. 28; July 12, 2024
The executive director and the respondent may reach an
					 agreement, or settlement, in an enforcement action such that an agreed order is
					 entered into in accordance with §
										70.10 of
					 this title (relating to Agreed Orders). If there is a party to the case that
					 dissents from the proposed settlement, the judge shall give such party a
					 reasonable time to file comments, and shall forward all timely filed comments
					 to the commission together with the proposed settlement. After any required
					 public notice and opportunity for comment on proposed settlements and
					 consideration of the record, the commission or the executive director may
					 either approve the proposed settlement, or disapprove it and remand the case to
					 the State Office of Administrative Hearings for hearing.
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 80.255 - Waiver of Right To Review Judge's Proposal

Current through Reg. 49, No. 28; July 12, 2024
Any party may waive the right to review and comment upon
					 the judge's proposal for decision. The waiver shall be either in writing or
					 stated on the record at the hearing.
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 80.257 - Pleadings Following Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Pleadings. Unless right of review has
				  been waived, any party may within 20 days after the date of issuance of the
				  proposal for decision, file exceptions or briefs. The request shall be served
				  on the parties and the judge, shall specify the issues to be briefed and shall
				  set reasonable deadlines for the executive director's response and the parties
				  replies to that response, avoiding delay of the matter to the extent
				  practicable. Proposed findings of fact may be filed when permitted or requested
				  by the commission. Any replies to exceptions, briefs, or proposed findings of
				  fact shall be filed within 30 days after the date of issuance on the proposal
				  of decision.
(b) Change of filing
				  deadlines. On his own motion or at the request of a party, the general counsel
				  may change the deadlines to file pleadings following the proposal for decision.
				  A party requesting a change must file a written request with the chief clerk,
				  and must serve a copy on the general counsel, the judge, and the other parties.
				  The request must explain that the party requesting the change has contacted the
				  other parties, and whether the request is opposed by any party. The request
				  must include proposed dates (preferably a range of dates) and must indicate
				  whether the judge and the parties agree on the proposed dates.
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 80.259 - Amending the Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
The judge may file an amended proposal for decision in
					 response to exceptions, replies, or briefs submitted by the parties. The
					 parties are not entitled to file exceptions or briefs in response to the
					 amended Proposal for Decision (PFD), but may raise any issues before the
					 commission as permitted by the commission at the time of oral
					 presentation.
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 80.261 - Scheduling Commission Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  chief clerk, in coordination with the judge, shall schedule motions by parties
				  requiring commission action and the presentation of the proposal for decision.
				  The judge, when transmitting the proposal for decision, shall notify the
				  parties of the date of the commission meeting and the deadlines for the filing
				  of exceptions and replies. The general counsel, either by agreement of the
				  parties and the judge, or on the general counsel's own motion, may reschedule
				  the presentation of the proposal for decision. The chief clerk shall send
				  notice of the rescheduled meeting date to the parties no later than ten days
				  before the rescheduled meeting.
(b)
				  Consistent with notices required by law, the commission may consolidate related
				  matters if the consolidation will not injure any party and may save time and
				  expense or otherwise benefit the public interest and welfare.
(c) The commission may sever issues in a
				  proceeding or hold special hearings on separate issues if doing so will not
				  injure any party and may save time and expense or benefit the public interest
				  and welfare.
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 80.263 - Oral Presentation before the Commission

Current through Reg. 49, No. 28; July 12, 2024
In proceedings where a judge has held a public hearing and
					 has issued a proposal for decision or other report to the commission, all oral
					 presentations before the commission shall be limited to five minutes each,
					 excluding time for answering questions, unless the chairman or general counsel
					 establishes other limitations. Before the commission meeting, the general
					 counsel may allot time for oral presentations. Oral presentations and responses
					 to questions shall be directed to the commission.
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 80.265 - Reopening the Record

Current through Reg. 49, No. 28; July 12, 2024
The commission, on the motion of any party or on its own
					 motion, may order the judge to reopen the record for further proceedings on
					 specific issues in dispute. The commission's order shall include instructions
					 as to the subject matter of further proceedings and the judge's duties in
					 preparing supplemental materials or revised orders based upon those proceedings
					 for the commission's adoption.
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 80.267 - Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Decision. The commission shall make its
				  decision upon the expiration of 30 days or later following service of the
				  judge's proposal for decision, unless the parties have waived review. The
				  decision, if adverse to any party, shall include findings of fact and
				  conclusions of law separately stated. If any party has filed proposed findings
				  of fact at the request of the judge, the commission will include in its
				  decision a ruling on the proposed findings of fact, unless waived by the
				  party.
(b) Prompt decision. The
				  commission's decision or order should be signed not later than 60 days after
				  the date that the hearing is finally closed. In a contested case heard by an
				  administrative law judge, the agency or the administrative law judge who
				  conducts the contested case hearing may extend the period in which the decision
				  or order may be signed.
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 80.269 - Commission's Decision after Contested Enforcement Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) In an enforcement case, a decision shall
				  also include provisions requiring remedial relief (technical ordering
				  provisions), as necessary, and one of the following findings:
(1) that a violation has occurred and that a
				  specific amount of penalties should be assessed;
(2) that a violation has occurred but that no
				  penalty should be assessed; or
(3)
				  that no violation has occurred.
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 80.272 - Motion for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  decision in an administrative hearing before the commission that is subject to
				  this section.
(b) Filing motion. A
				  motion for rehearing is a prerequisite to appeal. The motion shall be filed
				  with the chief clerk not later than 25 days after the date that the decision or
				  order is signed, unless the time for filing the motion for rehearing has been
				  extended under Texas Government Code, §
										2001.142,
				  and §
										80.276
				  of this title (relating to Request for Extension to File Motion for Rehearing),
				  by agreement under Texas Government Code, §
										2001.147,
				  or by the commission's written order issued pursuant to Texas Government Code,
				  §
										2001.146(e).
				  On or before the date of filing of a motion for rehearing, a copy of the motion
				  shall be mailed or delivered to all parties with certification of service
				  furnished to the commission. Copies of the motion shall be sent to all other
				  parties using the following notification procedures:
(1) personally;
(2) if agreed to by the party or attorney to
				  be notified, by electronic means sent to the current email address or
				  telecopier number of the party's attorney of record or of the party if the
				  party is not represented by counsel; or
(3) by first class, certified, or registered
				  mail sent to the last known address of the party's attorney of record or of the
				  party if the party is not represented by counsel.
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 80.273 - Decision Final and Appealable

Current through Reg. 49, No. 28; July 12, 2024
Except as provided in §
										80.274
					 of this title (relating to Motion for Rehearing Not Required in Certain Cases),
					 in the absence of a timely motion for rehearing, a decision or order of the
					 commission is final on the expiration of the period for filing a motion for
					 rehearing. If a party files a motion for rehearing, a decision or order of the
					 commission is final and appealable on the date of the order overruling the
					 final motion for rehearing or on the date the motion is overruled by operation
					 of law.
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 80.274 - Motion for Rehearing Not Required in Certain Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) A motion for rehearing is not required,
				  and §
										80.272 and
				  §
										80.273
				  of this title (relating to Motion for Rehearing and Decision Final and
				  Appealable) do not apply when a final commission order is issued under Texas
				  Government Code, §
										2001.144(a)(3) or
				  (4).
(b) The commission may issue an order that is
				  final under Texas Government Code, §
										2001.144(a)(4)
				  if all parties agree to the specified date in writing or on the record, and if
				  the specified date is not before the date the order is signed. The commission
				  is not required to issue an order under Texas Government Code, §
										2001.144(a)(4)
				  even when requested by all parties. When the parties request, and the
				  commission agrees, to issue a final order under Texas Government Code, §
										2001.144(a)(4),
				  each party shall thereby waive any allegations of error not in the party's
				  exceptions to the proposal for decision, reply to exceptions, or discussed as
				  an issue in the judge's proposal for decision.
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 80.275 - Appeal of Final Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Petition. A
				  person affected by a final decision or order of the commission may file a
				  petition for judicial review within 30 days after the decision or order is
				  final and appealable. General procedures for appealing an order of the
				  commission in contested cases are governed by the APA.
(b) The record. The record in a contested
				  case shall include the following:
(1) all
				  pleadings, motions, and intermediate rulings;
(2) evidence received or
				  considered;
(3) a statement of
				  matters officially noticed;
(4)
				  questions and offers of proof, objections, and rulings on them;
(5) summaries of the results of any
				  conferences held before or during the hearing;
(6) proposed findings, exceptions, and
				  briefs;
(7) any decision, opinion,
				  or report by the officer presiding at the hearing;
(8) prefiled testimony;
(9) all staff memoranda or data submitted to
				  or considered by the judge or commissioners who are involved in the decision;
				  and
(10) the final order and all
				  interlocutory orders.