Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter I - PERMIT PROCESSING › Section 1.201 - Time Periods for Processing Applications and Issuing Permits Administratively

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This rule applies to the permits listed in Column A of Table 1 of this section.
				  For purposes of this rule, the term "permit" includes any authorization issued
				  administratively by the Commission, through the Oil and Gas Division, the Gas
				  Services Division, the Surface Mining and Reclamation Division, or the
				  Rail/LP-Gas/Pipeline Safety Division, and required by the Commission either to
				  engage in or conduct a specific activity or to deviate from requirements,
				  standards, or conditions in statutes or Commission rules and for which the
				  median processing time exceeds seven days.
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(b)
				  Completeness. An application is complete when the division or section shown in
				  Column B of Table 1 has determined that the application contains information
				  addressing each application requirement of the regulatory program and all
				  information necessary to initiate the final review by the division or section
				  processing the application. For purposes of this section, certain applicants,
				  as shown in Column D of Table 1, are required to have an approved organization
				  report (Form P-5) on file with the Commission in order for an application to be
				  complete.
(c) Time periods.
(1) The date a permit application is received
				  under this section is the date the application reaches the designated division
				  or section within a division as shown in Column B of Table 1.
(2) The division or section shown in Column B
				  of Table 1 shall process permit applications in accordance with the time
				  periods shown in Columns F and G of Table 1 for a particular permit. Time
				  periods are counted on the basis of calendar days.
(3) The Initial Review Period, shown in
				  Column F of Table 1, begins on the date the designated division or section
				  receives the application and ends on the date the division or section gives
				  written notice to the applicant indicating that either:
(A) the application is complete and accepted
				  for filing; or
(B) the application
				  is incomplete, as described in paragraph (4) of this subsection.
(4) If the division or section
				  determines that an application is incomplete, the division or section shall
				  notify the applicant in writing and shall describe the specific information
				  required to complete the application. An applicant may make no more than two
				  supplemental filings to complete an application. The Initial Review Period
				  shall start again each time the division or section receives a supplemental
				  filing relating to an incomplete application. After the second supplemental
				  submission, if the application is complete, the division or section shall
				  administratively rule on the application; if the application is still
				  incomplete, the division or section shall administratively deny the
				  application. The division or section specifically does not have the authority
				  to accept or review any other additional supplemental submissions. The division
				  or section shall notify the applicant in writing of the administrative decision
				  and, in the case of an administrative denial, the applicant's right to request
				  a hearing on the application as it stands. The applicant may withdraw the
				  application.
(5) The Final Review
				  Period, shown in Column G of Table 1, begins on the date the division or
				  section makes a determination under paragraph (3)(A) of this subsection and
				  ends on the date the permit is:
(A)
				  administratively granted;
(B)
				  administratively denied; or
(C)
				  docketed as a contested case proceeding if the application is neither
				  administratively granted nor administratively denied.
(6) An applicant whose application has been
				  administratively denied may request a hearing by filing a written request for a
				  hearing addressed to the division or section processing the application, within
				  30 days of the date the application is administratively denied.
(7) Within seven days of either docketing an
				  application under paragraph (5)(C) of this subsection or receiving a written
				  request for a hearing under paragraph (6) of this subsection, the division or
				  section processing the application shall forward the file and any request for
				  hearing, including any memoranda or notes explaining or describing the reasons
				  for docketing or administrative denial, to the Docket Services Section of the
				  Office of General Counsel. The Office of General Counsel shall process the
				  application as prescribed in subsection (e) of this section.