reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter J - CLOSURE AND POST-CLOSURE CARE › Section 352.1241 - Post-Closure Care Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commission adopts by reference 40 Code of Federal Regulations (CFR)
				  §257.104 (Post-closure care requirements) as amended through the August 5,
				  2016, issue of the
Federal Register
(81 FR 51802), subject to
				  the additions under this section.
(b) The owner or operator shall submit to the
				  executive director:
(1) a copy of the
				  notification of completion of post-closure care period required by
				  40 CFR §
												257.104(e); and
(2) a demonstration that the coal combustion
				  residuals (CCR) unit poses no threat to human health, the environment, or
				  property.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter K - RECORDKEEPING, NOTIFICATION, AND POSTING OF INFORMATION TO THE INTERNET › Section 352.1301 - Recordkeeping Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission adopts by reference 40 Code of Federal Regulations §257.105
				  (Recordkeeping requirements) as amended through the April 17, 2015, issue of
				  the
Federal Register
(80 FR 21301), subject to the
				  modification in this section.
(b)
				  The owner or operator shall retain records of groundwater monitoring and
				  associated groundwater surface elevations for the active life and the
				  post-closure care period of the coal combustion residuals unit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter K - RECORDKEEPING, NOTIFICATION, AND POSTING OF INFORMATION TO THE INTERNET › Section 352.1311 - Notification Requirements

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference 40 Code of Federal
					 Regulations §257.106 (Notification requirements) as amended through the
					 April 17, 2015, issue of the
Federal Register
(80 FR
					 21301).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter K - RECORDKEEPING, NOTIFICATION, AND POSTING OF INFORMATION TO THE INTERNET › Section 352.1321 - Publicly Accessible Website Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission adopts by reference 40
				  Code of Federal Regulations §257.107 (Publicly accessible Internet site
				  requirements) as amended through the April 17, 2015, issue of the
Federal Register
(80 FR 21301), subject to the additions and
				  modifications in this section.
(b)
				  The website required by subsection (a) of this section must be a publicly
				  accessible website.
(c) The owner
				  or operator shall post on the publicly accessible website, upon submittal to or
				  receipt from the executive director or the chief clerk for the active life of
				  the coal combustion residuals unit through the completion of the post-closure
				  care period:
(1) a complete copy of the
				  current issued effective registration;
(2) a complete copy of all applications
				  submitted under this chapter, including any revisions;
(3) a copy of public notice the owner or
				  operator is required to publish under this chapter;
(4) a copy of a draft registration prepared
				  by the executive director;
(5) a
				  copy of the compliance summary prepared by the executive director;
				  and
(6) a copy of any other
				  document regarding and/or summarizing the executive director's review of or
				  initial decision on an application submitted under this
				  chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter L - APPENDICES › Section 352.1421 - Appendix III - Constituents for Detection Monitoring

Current through Reg. 49, No. 28; July 12, 2024
The following appendix contained in 40 Code of Federal
					 Regulations Part 257, Subpart D, is adopted by reference: Appendix
					 III--Constituents for Detection Monitoring (as amended through the April 17,
					 2015, issue of the
Federal Register
(80 FR
					 21301)).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 352 - COAL COMBUSTION RESIDUALS WASTE MANAGEMENT › Subchapter L - APPENDICES › Section 352.1431 - Appendix IV - Constituents for Assessment Monitoring

Current through Reg. 49, No. 28; July 12, 2024
The following appendix contained in 40 Code of Federal
					 Regulations Part 257, Subpart D, is adopted by reference: Appendix
					 IV--Constituents for Assessment Monitoring (as amended through the April 17,
					 2015, issue of the
Federal Register
(80 FR
					 21301)).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter B - PURCHASE OF EXCESS ACREAGE › Section 1.11 - Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
In all cases where the area of a tract of land titled or
					 patented exceeds the quantity called for in the title or patent, then any
					 person owning such survey, or a portion thereof, may, file an application to
					 purchase such excess by complying with the following requirements:
(1) Application properly completed and
				  notarized.
(2) Questionnaire
				  properly executed and notarized.
(3) Corrected field notes by either a
				  licensed state land surveyor or the county surveyor of the county in which the
				  land is located unless corrected field notes are already on file in the General
				  Land Office. If the application covers the purchase of excess in less than the
				  entire original patented survey, then field notes must also be furnished on
				  that portion of the survey covered by the application, along with field notes
				  of the original survey.
(4)
				  Appraisal fee.
(5) Deed of
				  acquittance fee.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter B - PURCHASE OF EXCESS ACREAGE › Section 1.12 - Appraisal

Current through Reg. 49, No. 28; July 12, 2024
Upon payment of the appraisal fee, the land will be
					 appraised by and Land Office appraiser. The appraisal will be based upon
					 current market value.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter B - PURCHASE OF EXCESS ACREAGE › Section 1.13 - Price

Current through Reg. 49, No. 28; July 12, 2024
After the land is appraised the School Land Board will set
					 a price of 1/2 of appraised market value at which the excess may be
					 purchased.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter B - PURCHASE OF EXCESS ACREAGE › Section 1.14 - Issuance of Deed of Acquittance

Current through Reg. 49, No. 28; July 12, 2024
Upon payment of the purchase price of the land and deed of
					 acquittance fee, the General Land Office will execute a deed of acquittance to
					 the original patentee or his assignee, with such reservation of minerals or
					 with no mineral reservation, accordingly as may have been the case when the
					 survey was titled or patented. Such transfer shall inure distributively to the
					 benefit of the true and lawful owners of the survey in proportion to their
					 holdings.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter C - PROCEDURE FOR PATENTING LAND › Section 1.21 - Request for Issuance of Patent

Current through Reg. 49, No. 28; July 12, 2024
Request for issuance of patent shall be made to the General
					 Land Office by the owner of the land or his authorized agent or
					 representative.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter C - PROCEDURE FOR PATENTING LAND › Section 1.22 - Field Notes

Current through Reg. 49, No. 28; July 12, 2024
Field notes of the area by a licensed state land surveyor
					 or by the county surveyor of the county in which the land is situated, together
					 with a statutory filing fee, shall be filed with the General Land
					 Office.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter C - PROCEDURE FOR PATENTING LAND › Section 1.23 - Payment for Land

Current through Reg. 49, No. 28; July 12, 2024
Payment in full, based upon exact acreage, shall be made,
					 including all principal, accrued interest, late charges, and other fees and
					 expenses. Upon request, a statement will be furnished showing the balance of
					 principal and interest due, as well as the patent fee and patent recording
					 fee.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter C - PROCEDURE FOR PATENTING LAND › Section 1.24 - Chain of Title

Current through Reg. 49, No. 28; July 12, 2024
A certified copy of each conveyance from the original
					 applicant down to and into the current owner, with a statutory filing fee for
					 each deed filed, or a title opinion reflecting the chain of title and name and
					 address of current owner and a certified copy of the deed into the current
					 owner, with the required filing fee, shall be filed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter C - PROCEDURE FOR PATENTING LAND › Section 1.25 - Issuance of Patent

Current through Reg. 49, No. 28; July 12, 2024
A patent will be issued in the name of the last personal
					 transferee indicated by the certified copies of deeds on file in the General
					 Land Office. The rights granted in the patent, if issued in a name other than
					 the current owner, will inure to the benefit of the legal owner of the land
					 covered by the patent.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter C - PROCEDURE FOR PATENTING LAND › Section 1.26 - Recordation of Patent

Current through Reg. 49, No. 28; July 12, 2024
The executed patent shall be mailed to the county clerk of
					 the county in which the land is situated, together with the recording fee, with
					 instructions to forward the patent, after it has been recorded, to the person
					 remitting the payment for the land or the person designated by the
					 remitter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter C - PROCEDURE FOR PATENTING LAND › Section 1.27 - Application for Corrected Patent

Current through Reg. 49, No. 28; July 12, 2024
In cases where a patent has been issued and is afterward
					 found to be in conflict with any older title, a corrected patent shall be
					 issued upon receipt by the General Land Office of an affidavit of ownership
					 from the landowner requesting that the old patent be cancelled and a new one
					 issued. The original patent shall be returned to the land office for
					 cancellation unless it has been lost or destroyed, in which case the affidavit
					 should state the reason why the original patent cannot be returned for
					 cancellation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter C - PROCEDURE FOR PATENTING LAND › Section 1.28 - Resurvey

Current through Reg. 49, No. 28; July 12, 2024
A new survey containing the correct description of the
					 area, prepared by a licensed state land surveyor or by the county surveyor of
					 the county in which the land is located, shall be furnished and must be
					 sufficient to satisfy the General Land Office that the conflict actually does
					 exist on the ground and that there is a senior survey which is
					 superior.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter C - PROCEDURE FOR PATENTING LAND › Section 1.29 - Patent Fee

Current through Reg. 49, No. 28; July 12, 2024
A patent fee and patent recording fee shall be paid in the
					 amount set forth in §
										3.31 of this
					 title.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter C - PROCEDURE FOR PATENTING LAND › Section 1.30 - Scrivener's Error

Current through Reg. 49, No. 28; July 12, 2024
In cases where a scrivener's error is found in a patent, a
					 corrected patent shall be issued upon receipt by the General Land Office of an
					 affidavit of ownership by the landowner, requesting issuance of a corrected
					 patent. The original patent shall be returned for cancellation or the affidavit
					 must state the reason why it cannot be returned. No patent fee is required;
					 however, a patent recording fee shall be paid in the amount set forth in §
										3.31 of this
					 title.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter D - PATENTS TO LAND UNDER LAW › Section 1.41 - Lands Not Otherwise Patentable

Current through Reg. 49, No. 28; July 12, 2024
Any headright survey, homestead, donation, pre-emption,
					 scrip, or other survey heretofore awarded or sold, which survey has been held
					 and claimed in good faith by any party for a period of ten years prior to the
					 date of application for patent and which survey cannot be patented under other
					 existing laws, shall be patented when an affidavit of ownership is filed with
					 the General Land Office, along with a chain of title consisting of certified
					 copies of deeds from the original applicant down to and including the present
					 owner, accompanied by a filing fee of $3.00 for each deed. Payment of the
					 purchase price of the land as fixed by the School Land Board shall be made as
					 provided by Texas Civil Statutes, Article 5421c-3, §4. Corrected field
					 notes may be required to be filed at the discretion of the commissioner of the
					 General Land Office.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter D - PATENTS TO LAND UNDER LAW › Section 1.42 - Patents to Lands Occupied by Mistake

Current through Reg. 49, No. 28; July 12, 2024
When it is revealed as a result of a resurvey that an area
					 previously occupied as a part of one survey is actually in an adjoining survey,
					 and if the occupied land is state land which has not been sold, the occupant
					 may purchase the land within six months after discovery of the mistake. An
					 affidavit of ownership and chain of title shall be filed, along with a filing
					 fee of $3.00 for each deed filed. A surveyor's sketch and report of survey must
					 be filed. The price at which the land may be purchased will be set by the
					 School Land Board as provided in Texas Civil Statutes, Article 5421c-3,
					 §4.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter G - PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE › Section 1.90 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) These sections
				  are intended to provide orderly and efficient procedures for the General Land
				  Office to determine whether a person applying for patenting to release all or a
				  part of the state's interest in land, excluding mineral rights, substantially
				  meets the criteria for issuance of a patent under §
										11.084
				  of the Natural Resources Code.
(b)
				  These procedures shall apply to the initiation, review, and determination of
				  whether a person substantially meets the criteria for issuance of a patent
				  under §
										11.084
				  of the Natural Resources Code.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter G - PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE › Section 1.91 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and phrases, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Appropriate
				  County--The county or counties in which the tract of land claimed by the
				  claimant is located.
(2) Board--The
				  School Land Board.
(3) Claimant--A
				  person who has filed an application with the General Land Office for a patent
				  under §
										11.084
				  of the Natural Resources Code.
(4)
				  Chain of Title--Unbroken and successive written conveyances of record, or other
				  written forms of alienation recognized under the laws of the state of Texas as
				  sufficient to convey interests in land, affecting the tract or tracts of land
				  claimed by the claimant, arranged consecutively, from on or before January 1,
				  1952, down to the present holder.
(5) Color of Title--An unbroken chain of
				  transfers of the claimed tract or tracts dating back at least as far as January
				  1, 1952
(6) Commissioner--The
				  Commissioner of the General Land Office.
(7) Deed--A written instrument of conveyance,
				  regular on its face, that conformed to the requirements of Texas Property Code
				  or the laws of the state of Texas at the time of execution and that would have
				  conveyed title, except for title being in the state of Texas.
(8) Documents Necessary To Support the
				  Claim--
(A) A deed to claimant or claimant's
				  predecessors in interest recorded in the county or counties in which the
				  claimed tract or tracts is located,
(B) all instruments of conveyance or other
				  forms of alienation necessary to prove chain of title,
(C) documentation the claimant deems
				  necessary or assistive in explaining the deed or chain of title, and
(D) such other documentation as the
				  commissioner shall deem necessary to process the application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter G - PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE › Section 1.92 - Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  claiming title to land Under §
										11.084
				  of the Natural Resources Code may apply for a patent by filing with the
				  commissioner:
(1) an application on the form
				  prescribed by the commissioner;
(2)
				  a notarized affidavit on the form prescribed by the Commissioner, which among
				  other things, requires that the claimant swear that the claimant and, to the
				  best of claimant's knowledge and belief, claimant's predecessors in interest,
				  acquired the land without actual knowledge that title to the land was vested in
				  the state of Texas; and
(3) an
				  attachment to the application which contains documents necessary to support the
				  claim.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter G - PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE › Section 1.93 - Limitation on Other Dispositions

Current through Reg. 49, No. 28; July 12, 2024
Filed applications shall not stay, delay or otherwise act
					 in limitation of the authority of the Board to sell, convey or otherwise
					 dispose of any surveyed, unsold, permanent school fund land under any other
					 statutory authority; provided however, if a completed application is on file
					 with the General Land Office prior to the time of the Board's final
					 authorization of the sale, conveyance or other disposition of land covered by
					 the application, the General Land Office will not seek the Board's authority to
					 sell, convey or otherwise dispose of the land for a period of forty-five (45)
					 days following the General Land Office's determination that the application is
					 complete for consideration by the Board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter G - PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE › Section 1.94 - Processing of Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) The General
				  Land Office shall review applications to determine whether the claimant
				  substantially meets the criteria for issuance of a patent under §
										11.084
				  of the Natural Resources Code.
(b)
				  Except as otherwise provided in §1.93. above, if the General Land Office
				  determines that the application is complete for consideration by the Board, the
				  Commissioner shall convene the Board to determine whether a patent is to be
				  issued under §
										11.084
				  of the Natural Resources Code.
(c)
				  Applications determined by the General Land Office to not substantially meet
				  the criteria for issuance of a patent may be rejected by the
				  commissioner.
(d) Applications
				  which are not complete for consideration by the Board within six (6) months
				  after filing with the commissioner may be rejected by the
				  Commissioner.
(e) Rejection of an
				  application by the General Land Office, or the Board's failure to unanimously
				  approve the tract for patenting, terminates all rights under the
				  application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter G - PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE › Section 1.95 - Patent Issuing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  Board unanimously approves the tract of land for patenting to release all or
				  part of the state's interest in the land, the patent shall be issued by the
				  General Land Office in accordance with the requirements of the statutory
				  authority and rules and regulations of the General Land Office governing the
				  issuance of patents generally.
(b)
				  Patents issued pursuant to §
										11.084
				  and §
										11.085
				  of the Natural Resources Code shall be issued in the name of the holder of
				  record title of the tract or tracts or to the first titleholder common to
				  multiple claimants. In the event of a multiple claim to the same tract, in
				  which there is no common titleholder, no patent shall issue.
(c) Patents issued pursuant to §
										11.084
				  and §
										11.085
				  of the Natural Resources Code shall exclude mineral rights, with the following
				  to be stated on the patent: "PROVIDED HOWEVER, that there is reserved unto the
				  State of Texas for the use and benefit of the Permanent School Fund and
				  excluded from this grant, all oil, gas, coal, lignite, sulfur, and other
				  mineral substances from which sulfur may be derived or produced, salt, potash,
				  uranium, thorium, and all other minerals in and under the land described above
				  wherever located and by whatever method recovered, as well as the right to
				  lease such minerals and the right of ingress and egress to explore for and
				  produce the same."
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter G - PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE › Section 1.96 - Nonapplicability

Current through Reg. 49, No. 28; July 12, 2024
Section 11.084 of the Natural Resource Code does not apply
					 to:
(1) beach land, submerged or
				  filled land or islands; or
(2) land
				  that has been determined to be state-owned by judicial decree.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 1 - EXECUTIVE ADMINISTRATION › Subchapter G - PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE › Section 1.97 - Non-Use

Current through Reg. 49, No. 28; July 12, 2024
Section 11.084 of the Natural Resource Code may not be used
					 to:
(1) resolve boundary
				  disputes;
(2) change the mineral
				  reservation in an existing patent;
(3) determine the existence of a vacancy;
				  or
(4) obtain a deed of acquittance
				  to excess acreage.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.1 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to contested case
				  hearings before the General Land Office, including those referred to the State
				  Office of Administrative Hearings, which are subject to the Administrative
				  Procedures Act, Chapter 2001, Government Code.
(b) These rules shall be construed to insure
				  the fair and expeditious determination of every action.
(c) These rules supplement the procedures
				  required by the Administrative Procedure Act, Chapter 2001, Government
				  Code.
(d) The General Land Office
				  may adopt special rules of practice and procedure to be applicable only to
				  certain types of proceedings which are not accommodated by these rules. When a
				  special rule is in conflict with these rules, the special rule shall
				  control.
(e) To the extent that any
				  provisions of this chapter are in conflict with any statute or substantive rule
				  of the General Land Office, the statute or substantive rule shall
				  control.
(f) Exceptions to the
				  procedural provisions of this chapter may be granted by the hearings examiner,
				  upon notice and opportunity for hearing, if the hearings examiner determines
				  that such exceptions are in the interest of justice or the efficient
				  administration of this chapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Administrative Law
				  Judge--An individual designated by the State Office of Administrative Hearings
				  or by the Commissioner to act as a hearings examiner in a contested case under
				  the Administrative Procedures Act.
(2) Administrative Hearings Clerk--An
				  individual designated by the State Office of Administrative Hearings or by the
				  Commissioner to administer case filings in contested case hearings.
(3) Agency--The General Land
				  Office.
(4) APA--The Administrative
				  Procedure Act (Government Code, Chapter 2001).
(5) Authorized representative--An attorney
				  authorized to practice law in the State of Texas or, where permitted by
				  applicable law, a person designated by a party to represent the
				  party.
(6) Commissioner--The
				  Commissioner of the General Land Office.
(7) Contested case--Shall have the same
				  meaning as such term is defined in the Administrative Procedure Act (Government
				  Code, Chapter 2001).
(8)
				  Law--Applicable state and federal law.
(9) Party--A person named, or admitted to
				  participate, in a contested case before the General Land Office.
(10) Person--Any individual, representative,
				  corporation, or other entity, including any public or nonprofit corporation, or
				  any agency or instrumentality of federal, state, or local government.
(11) Proposal for decision--A proposed
				  decision issued by the hearings examiner in accordance with APA,
				  §2001.062.
(12) SOAH--State
				  Office of Administrative Hearings.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.3 - Jurisdiction

Current through Reg. 49, No. 28; July 12, 2024
(a) The administrative law judge acquires
				  jurisdiction over a contested case when the legal services division of the
				  agency, or any person authorized by statute, files a request to docket a case
				  in the form prescribed by the administrative hearings clerk, and in accordance
				  with §
										2.7 of this
				  subchapter (relating to Filings).
(b) A request to docket a case shall be
				  considered filed when the request to docket is received and file-marked by the
				  administrative hearings clerk.
(c)
				  A request to docket a case shall be submitted to the administrative hearings
				  clerk, accompanied by legible copies of all pertinent documents (including, but
				  not limited to, the original complaint, petition, or any other document
				  describing agency action giving rise to a contested case, and a proper
				  certificate of service).
(d) Once a
				  contested case is docketed by the administrative hearings clerk, any party may
				  move for appropriate relief, including, but not limited to, discovery and
				  evidentiary rulings, continuances, and settings.
(e) The agency shall provide notice of
				  hearing to a party, as required under the APA, §2001.051, and other
				  applicable law.
(f) Hearings shall
				  be conducted at the site designated by the administrative law judge in
				  accordance with applicable law.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.4 - Powers and Duties of the Administrative Law Judge

Current through Reg. 49, No. 28; July 12, 2024
(a) The administrative law judge shall have
				  the authority and duty to:
(1) establish the
				  jurisdiction of the agency;
(2)
				  conduct a full, fair, and impartial hearing;
(3) take action to avoid unnecessary delay in
				  the disposition of the proceeding; and
(4) maintain order in the conduct of the
				  hearing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.5 - Substitution of Administrative Law Judge

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If for any reason an administrative law judge is unable to continue presiding
				  over a pending hearing, or issue a proposal for decision after the conclusion
				  of the hearing, the Commissioner or SOAH may appoint another administrative law
				  judge as a substitute, in accordance with law, without the necessity of
				  duplicating any duty or function already performed by the previous
				  administrative law judge.
(b) The
				  Commissioner or SOAH may, for good cause, assign a substitute or additional
				  administrative law judge to a proceeding without the necessity of duplicating
				  any duty or function already performed by the previous administrative law
				  judge.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.6 - Appearance of Parties at Hearings; Representation

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may represent himself or
				  herself.
(b) A person may be
				  represented by an attorney authorized to practice law in the State of Texas or
				  other representative when authorized by law.
(c) A party's representative shall enter his
				  or her appearance in the case by filing a notice of appearance with the
				  administrative hearings clerk.
(d)
				  A party's representative of record shall be copied on all notices, pleadings,
				  and other correspondence.
(e) A
				  party's attorney of record remains the attorney of record in the absence of a
				  formal withdrawal, and an order approving such withdrawal must be issued by the
				  administrative law judge.
(f) Not
				  more than one representative for each party or aligned group of parties shall
				  be heard on any question or in the hearing except upon leave of the
				  administrative law judge.
(g) Party
				  representatives shall:
(1) observe the letter
				  and spirit of the Texas Lawyer's Creed, as adopted by the Texas Supreme Court,
				  and the State Bar of Texas' Texas Disciplinary Rules of Professional Conduct,
				  including those provisions concerning improper ex parte communications with the
				  commissioner and the administrative law judge;
(2) advise their clients and witnesses of
				  applicable requirements of conduct and decorum; and
(3) direct all objections, arguments, and
				  other comments to the administrative law judge and not to other
				  participants.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.7 - Filings

Current through Reg. 49, No. 28; July 12, 2024
(a) Original Materials.
(1) All documents shall be filed with the
				  administrative hearings clerk at SOAH or as designated by the
				  Commissioner.
(2) Submission of
				  documents to be filed must include an original and two copies.
(3) Faxed submissions of documents will be
				  accepted for filing provided sufficient copies are provided. The party filing a
				  faxed document shall retain the original document and become its
				  custodian.
(4) If the submitting
				  party wishes a file stamped copy for the party's records, the party must
				  provide one additional copy and a self-addressed stamped envelope.
(5) All documents filed with the
				  administrative hearings clerk shall have the agency's assigned docket number
				  and style of the case, if any, and a certificate of service.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.8 - Discovery

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties to a contested case hearing shall
				  have the discovery rights provided in the APA and applicable agency statutes
				  and rules.
(b) Requests for
				  issuances of subpoenas or commission should be directed to the administrative
				  hearings clerk.
(c) All discovery
				  requests should be initially directed to the party from which discovery is
				  being sought.
(d) All disputes with
				  respect to any discovery matter shall be filed with the administrative hearings
				  clerk and heard by the administrative law judge.
(e) All parties will be afforded a reasonable
				  opportunity to file objections or move for a protective order with respect to
				  the issuance of a subpoena or commission.
(f) Permissible forms of discovery by parties
				  are:
(1) oral depositions of a party or
				  nonparty;
(2) written
				  interrogatories to a party;
(3)
				  requests of a party for admission of facts or the genuineness or identity of
				  documents or things;
(4) requests
				  of a party for production, examination and copying of documents or other
				  tangible materials; and
(5)
				  requests of a party for entry upon and examination of real or personal
				  property, or both.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.9 - Prehearing Conferences

Current through Reg. 49, No. 28; July 12, 2024
(a) When
				  appropriate, the administrative law judge may hold a prehearing conference to
				  resolve matters preliminary to the hearing. At the discretion of the
				  administrative law judge, a prehearing conference may be held by
				  telephone.
(b) A prehearing
				  conference may be convened to address the following matters:
(1) notice or jurisdiction;
(2) scope or party status;
(3) venue;
(4) factual and legal issues;
(5) motions;
(6) issuance of subpoenas;
(7) discovery disputes;
(8) scheduling;
(9) stipulations;
(10) settlement conferences;
(11) requests for official notice;
(12) identification and exchange of
				  documentary evidence;
(13)
				  admissibility of evidence;
(14)
				  identification and qualification of witnesses;
(15) order of presentation; and
(16) such other matters as will promote the
				  orderly and prompt conduct of the hearing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.10 - Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) The administrative law judge may issue an
				  order to regulate the conduct of the proceedings.
(b) The order shall be a part of the case
				  record.
(c) An order may address
				  any matter, including the following:
(1) the
				  actions taken or to be taken at a prehearing conference;
(2) any of the subjects listed in §
											2.9(b)
				  of this subchapter (relating to Prehearing Conferences);
(3) a requirement that the parties file
				  prehearing statements of the case describing the parties' present positions on
				  any matter including, but not limited to, the following:
(A) the disputed issues or matters to be
				  resolved, and a summary of the facts or arguments supporting the parties'
				  positions in each disputed issue or matter;
(B) a list of facts or exhibits to which a
				  party will stipulate; and
(C) a
				  description of the discovery, if any, the party intends to engage in and an
				  estimate of the time needed to complete discovery;
(4) a requirement that the parties discuss
				  the prospects of settlement or stipulations and, if applicable, that they be
				  prepared to report thereon at a prehearing conference; and
(5) any other filing requirement or deadline
				  imposed by statute, rule or order.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.11 - Settlement Conferences

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon
				  request of any party and approval by the administrative law judge, or at the
				  administrative law judge's discretion, a conference may be held to address
				  settlement possibilities.
(b)
				  Settlement discussions shall not be made a part of the case record.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.12 - Stipulations

Current through Reg. 49, No. 28; July 12, 2024
(a) The parties, by stipulation, may agree to
				  any substantive matter.
(b)
				  Stipulations related to procedural matters are not binding unless approved by
				  the administrative law judge.
(c) A
				  stipulation may be filed with the administration hearings clerk in the record
				  at the hearing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.13 - 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 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.14 - Motions

Current through Reg. 49, No. 28; July 12, 2024
(a) Motions for continuance shall:
(1) be in writing, and shall set forth the
				  specific grounds upon which the party seeks the continuance;
(2) be filed no later than five days before
				  the date of the hearing; except upon a showing of good cause, the
				  administrative law judge may consider a motion filed subsequent to that time or
				  presented orally at the hearing;
(3) indicate that the movant has contacted
				  the other party(ies) and whether there is opposition to the motion, or describe
				  in detail the movant's attempts to contact the other party(ies);
(4) if seeking a continuance to a date
				  certain, include a proposed date or dates (preferably a range of dates) and
				  must indicate whether the party(ies) contacted agree on the proposed new
				  date(s); and
(5) be served on the
				  other party(ies) according to applicable filing and service requirements,
				  except that a motion for continuance filed five days or fewer before the date
				  of the hearing shall be served by hand or facsimile on the same date it is
				  filed with the administrative hearings clerk, or by overnight delivery on the
				  next day, unless the motion demonstrates such service is
				  impracticable.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.15 - Waiver of Right to Appear

Current through Reg. 49, No. 28; July 12, 2024
(a) A party may
				  waive the right to appear at the hearing unless prohibited by law.
(b) A waiver shall be in writing and filed
				  with the administrative hearings clerk.
(c) A waiver may be withdrawn by a party no
				  later than seven days before the scheduled hearing. The administrative law
				  judge may permit withdrawal of a waiver subsequent to that time on a showing of
				  good cause.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.16 - Conduct of Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Each party may:
(1) call witnesses;
(2) offer evidence;
(3) cross-examine any witness called by a
				  party; and
(4) make opening and
				  closing statements.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.17 - Telephone Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  administrative law judge may, with consent of the parties, conduct all or part
				  of the hearing by telephone, video, or other electronic means, if each
				  participant in the hearing has an opportunity to participate in, hear, and,
				  except when a telephone is used, see the entire proceeding.
(b) All substantive and procedural rights
				  apply to telephone hearings, subject only to the limitations of the physical
				  arrangement.
(c) Documentary
				  Evidence. For a telephone hearing documentary evidence to be offered shall be
				  mailed by the proponent to all parties and the administrative law judge at
				  least five days before the hearing.
(d) Default. For a telephone hearing, the
				  following, at the discretion of the administrative law judge, may be considered
				  a failure to appear and grounds for default, if the conditions exist after the
				  scheduled time for hearing:
(1) failure to
				  answer the telephone;
(2) failure
				  to free the telephone for a hearing; or
(3) failure to be ready to proceed with the
				  hearing as scheduled.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.18 - Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) General. Evidence shall be admitted in
				  accordance with the APA and the Texas Rules of Civil Evidence.
(b) Exclusion of witnesses:
(1) Upon request by any party, the
				  administrative law judge may exclude witnesses other than parties from the
				  hearing room, except when testifying.
(2) The administrative law judge may order
				  the witness, parties, attorneys and all other persons present in the hearing
				  room not to disclose to any witness excluded under this section the nature,
				  substance, or purpose of testimony, exhibits, or other evidence introduced
				  during the witness' absence.
(3) A
				  party that is not a natural person may designate an individual to remain in the
				  hearing room, even though the individual may be a witness.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.19 - The Record

Current through Reg. 49, No. 28; July 12, 2024
(a) Contents of
				  record. The record in a contested case includes:
(1) all pleadings, motions, briefs, and
				  interim orders;
(2) evidence
				  received or considered;
(3) a
				  statement of matters officially noticed;
(4) questions and offers of proof,
				  objections, and rulings on objections;
(5) any decision, opinion, or report by the
				  examiner presiding at the hearing;
(6) all staff memoranda or data submitted to
				  or considered by the administrative law judge or the commissioner;
(7) proposed findings and
				  exceptions;
(8) any findings of
				  fact or conclusions of law; and
(9)
				  the final order of the commissioner.