reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter B - COASTAL EROSION PLANNING AND RESPONSE › Section 15.44 - Beneficial Use of Dredged Materials

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If a project receives funds from the coastal erosion response account
				  (Account), material dredged in constructing and maintaining navigation inlets
				  and channels of the state shall be placed on or used to benefit, eroding beach
				  areas or to restore or create wetlands to mitigate erosion. The GLO, in
				  consultation with a qualified project partner, shall evaluate the practicality
				  and suitability of proposed beneficial use of dredged material in accordance
				  with this section and shall consider relative cost of the material and the
				  sediment composition.
(b) For the
				  purposes of this subchapter, beneficial use of dredged material shall not be
				  deemed practicable if the cost to the GLO and qualified project partner for
				  placement of the material dredged in constructing and maintaining navigation
				  inlets and channels of the State exceeds the cost of obtaining similar material
				  suitable for placement on or used to benefit, eroding beach areas or to create
				  wetlands from another source, including transportation costs. In the case of
				  placement for wetland restoration, the cost of soil preparation and treatment
				  may also be considered.
(c) In
				  determining the suitability and practicality of dredged material for beach
				  placement the GLO may refer to the guidance materials by the U.S. Army Corps of
				  Engineers, relating to Engineering & Design, Beneficial Uses of Dredged
				  Material, Coastal Engineering, and Beach Fill Design. Only beach-quality sand
				  shall be considered for beach placement.
(d) In this section "beach-quality sand means
				  sediment material that:
(1) has effective
				  grain size, mineralogy, and quality that approximates the existing beach
				  material in the placement area;
(2)
				  is low in fine grain, silty, or clayey sediments; and
(3) contains no hazardous substances listed
				  in the Code of Federal Regulations, Title 40, Part 261, Subpart D- List of
				  Hazardous Wastes, in concentrations which are harmful to human health or the
				  environment as determined by applicable, relevant, and appropriate requirements
				  established by the local, state, and federal governments.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter D - CERTIFICATION OF COASTAL WETLANDS › Section 15.52 - Criteria for Certification; Assignment of Priorities for Acquisition; Revocation of Certification

Current through Reg. 49, No. 28; July 12, 2024
In selecting and certifying those coastal wetlands most
					 essential to the public interest, assigning priorities for acquisition of such
					 wetlands, and determining whether to revoke such a certification, the
					 commissioner will consider the following criteria:
(1) Coastal wetlands. The commissioner may
				  consider whether such lands are coastal wetlands within the definition, intent,
				  and purpose of the Coastal Wetlands Acquisition Act, Texas Natural Resources
				  Code §§
										33.231 -
				  33.238, as elaborated by
				  the definition of coastal wetlands contained in §
										15.51
				  of this title (relating to Policy; Scope of Rules, Definitions).
(2) Title. The commissioner will consider
				  whether the state owns such coastal wetland or claims title to them, which
				  title can be validated by bringing an appropriate action therefor in a court of
				  law.
(3) Characteristics of the
				  coastal wetland. The commissioner will consider whether the biological,
				  geological, or physical characteristics of such coastal wetlands, including the
				  interrelationship of such coastal wetlands with other coastal wetlands, combine
				  to make the preservation of such coastal wetlands essential to the public
				  interest. In making this determination, the commissioner will be concerned with
				  the effect of these factors on the ability of such coastal wetlands to perform
				  functions beneficial to the public. Since scientific understanding of the
				  operation and functions of the coastal wetlands of the Texas coast is
				  continually evolving, the criteria for assessment of the value of coastal
				  wetlands will evolve as the state of scientific knowledge improves. The
				  criteria considered may include the ability of such coastal wetlands to
				  function in:
(A) production of plant and
				  animal biomass;
(B) provision for
				  wildlife habitat and/or nursery grounds;
(C) protection of endangered or important
				  species;
(D) temporary storage of
				  flood and storm waters;
(E) erosion
				  prevention;
(F) water quality
				  enhancement;
(G) entrapment of
				  sediments;
(H) storage and supply
				  of inorganic nutrients and organic detritus;
(I) aesthetics and recreation;
(J) potential for aquaculture; and
(K) protection of other, interrelated coastal
				  wetlands that would be detrimentally affected if those with which they are
				  interrelated were altered, damaged, or destroyed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter D - CERTIFICATION OF COASTAL WETLANDS › Section 15.53 - Certification Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  procedure. The commissioner will from time to time as appropriate, certify in
				  writing to the Texas Parks and Wildlife Department that specified coastal
				  wetlands are essential to the public interest, and he will indicate to the
				  Texas Parks and Wildlife Department priorities for acquisition, if any, for
				  such certified coastal wetlands. To the extent possible and appropriate, the
				  commissioner will certify such wetlands sufficiently far in advance of the next
				  succeeding legislative session to enable the Texas Parks and Wildlife
				  Department to seek a legislative appropriation, if necessary for the
				  acquisition of such certified coastal wetlands.
(b) Nominations. The commissioner will accept
				  and consider written nominations of coastal wetlands for certification. Written
				  justification accompanying such nominations, adequate to support certification
				  pursuant to these sections, is encouraged.
(c) County commissioners court approval. The
				  commissioner will forward a copy of any such certification to the county judge
				  of every county in which any part of the wetlands so certified is located, and
				  will request the recommendation of the commissioners of said county
				  therein.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter D - CERTIFICATION OF COASTAL WETLANDS › Section 15.54 - Revocation of Certification by Commissioner

Current through Reg. 49, No. 28; July 12, 2024
The commissioner may, from time to time, revoke a
					 certification promulgated pursuant to these rules if he determines, in
					 accordance with the criteria specified in §
										15.52
					 of this title (relating to Criteria for Certification; Assignment of Priorities
					 for Acquisition; Revocation of Certification), that it is in the public
					 interest to do so. The certification will be revoked by sending to the Texas
					 Parks and Wildlife Department written notice of the coastal wetland area, or
					 portion thereof, as to which certification is revoked. Notice of such
					 revocation will also be sent to the appropriate county commissioners
					 court.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 16 - COASTAL PROTECTION › Section 16.2 - Goals and Administrative Policies

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Goals. Subject to §
									16.1(c)
				of this title (relating to Definitions and Scope), when taking or authorizing
				an action identified in §
									16.1(b)
				of this title (relating to Definitions and Scope) that may adversely affect a
				CNRA, the goals of the GLO and SLB shall be the coastal management program
				goals in §
									501.12 of this
				title (relating to Goals of the Coastal Management Program).
(b) Administrative Policies. Subject to
				§
									16.1(c)
				of this title (relating to Definitions and Scope), when taking or authorizing
				an action identified in §
									16.1(b)
				of this title (relating to Definitions and Scope) that may adversely affect a
				CNRA, the administrative policies of the GLO and the SLB shall be the
				administrative policies in §
									501.13(a)
				of this title (relating to Administrative Policies of the Coastal Management
				Program).
(c) Policy for Major
				Actions. Prior to taking a major action, as defined in §
									16.1 of
				this title (relating to Definitions and Scope), the GLO and the SLB shall
				comply with the requirements of §
									501.15(b)
				of this title (relating to Policies for Major Actions) and §
									501.15(c)
				of this title (relating to Policies for Major Actions).
(d) The GLO or the SLB, as appropriate, shall
				include in a permit or other document proposing an action listed in §
									16.1(b)
				of this title (relating to Definitions and Scope) to which this chapter
				applies, either a consistency determination or a determination of no adverse
				effect as follows.
(1) Consistency
				Determination. The (GLO or SLB) has reviewed this proposed action for
				consistency with the Texas Coastal Management Program goals and policies, in
				accordance with the regulations of the Coastal Coordination Council, and has
				determined that the proposed action is consistent with the Texas CMP goals and
				policies applicable to the proposed action.
(2) Determination of No Direct and
				Significant Adverse Effect. The (GLO or SLB) has reviewed this proposed action
				for consistency with the Texas CMP goals and policies, in accordance with the
				regulations of the Coastal Coordination Council, and has found that the
				proposed action will not have a direct and significant adverse effect on the
				coastal natural resource areas identified in the applicable policies.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 16 - COASTAL PROTECTION › Section 16.3 - Policies for Specific Activities and Coastal Natural Resource Areas

Current through Reg. 49, No. 28; July 12, 2024
The GLO and the SLB, as appropriate, shall comply with the
				  policies in §
									501.17
				  of this title (relating to Policies for Construction, Operation, and
				  Maintenance of Oil and Gas Exploration and Production Facilities), §
									501.23
				  of this title (relating to Policies for Development in Critical Areas), §
									501.24
				  of this title (relating to Policies for Construction of Waterfront Facilities
				  and Other Structures on Submerged Lands), §
									501.25
				  of this title (relating to Policies for Dredging and Dredged Material Disposal
				  and Placement), and §
									501.26
				  of this title (relating to Policies for Construction in the Beach/Dune System)
				  when taking an action described in §
									16.1(b)
				  of this title (relating to Definitions and Scope), and adopting rules relating
				  to such actions described in the referenced policies. To the extent applicable
				  to the public beach, as public beach is defined in Texas Natural Resources
				  Code, §
									61.013(c),
				  the policies referenced in this section are supplemental to any further
				  restrictions or requirements relating to the beach access and use rights of the
				  public, including Texas Natural Resources Code, Chapter 61 (Use and Maintenance
				  of Public Beaches) and Chapter 15 of this title (relating to Coastal Area
				  Planning).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 16 - COASTAL PROTECTION › Section 16.4 - Thresholds for Referral

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				§
									505.32
				of this title (relating to Requirements for Referral of a Proposed Agency
				Action), the thresholds for potential referral of GLO or SLB actions to the
				council for consistency review are as follows.
(b) Real Estate Activities.
(1) Except for energy-related activities
				(i.e., activities related to oil, gas, or other mineral exploration and
				production), the GLO's or SLB's issuance of the following instruments exceeds
				the threshold if the authorized activities would adversely affect CNRA acreage
				greater than that in paragraph (2) of this subsection:
(A) a coastal easement pursuant to the Texas
				Natural Resources Code, §
											33.111, for
				dredging of basins and channels or construction of piers, docks, marinas,
				bulkheads, seawalls, and other waterfront structures on state-owned submerged
				land;
(B) a cabin permit pursuant
				to the Texas Natural Resources Code, §
											33.103,
				for the construction or use of fishing cabins on state-owned submerged land;
				or
(C) a surface lease pursuant to
				the Texas Natural Resources Code, §
											51.121, for
				construction of commercial facilities, artificial reefs, and other
				non-waterfront structures on state-owned land.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.1 - 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 (GLO) to assess administrative penalties and pursue the removal of
				unauthorized facilities or structures on state land and for the appeal of
				administrative penalties and removal of unauthorized facilities or structures
				on state land in accordance with the Texas Natural Resources Code, §
									51.302
				and §
									51.3021.
(b) These procedures shall apply to the
				initiation, conduct, and determination of hearings on administrative penalties
				for unauthorized facilities or structures and for the removal of unauthorized
				facilities or structures on state land pursuant to the Texas Natural Resources
				Code, §
									51.302
				and §
									51.3021,
				where notice and hearing are required.
(c) These sections shall supplement the
				provisions of Texas Government Code, §
									2001.001, et seq. (APA).
				All practices and procedures provided for by APA, even though not specifically
				included herein, shall be applicable to practice before the General Land
				Office.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.2 - 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) Agency--The General
				Land Office of the State of Texas.
(2) Attachment--Any appurtenant, fixture, or
				other item, property or structure of any type which is incidental to or
				associated with a structure or facility.
(3) Chief clerk--The chief clerk of the
				General Land Office.
(4)
				Commissioner--The commissioner of the General Land Office.
(5) Dangerous structure or facility--Any
				structure or facility on state land which presents, in the commissioner's sole
				determination, an imminent and unreasonable threat to public health, safety or
				welfare. In making such determination, the commissioner shall consider whether
				or not a structure or facility:
(A) is fit for
				its intended purpose;
(B) is safe
				for its foreseeable use by the public;
(C) is hidden or not visibly apparent to the
				public;
(D) is contaminating or has
				the immediate potential to contaminate air, water or other natural resources;
				or
(E) possesses other
				characteristics or conditions which threaten public safety, health or
				welfare.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.3 - Filing of Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) All documents
				shall be filed with the administrative hearings clerk at the following address:
				Administrative Hearings Clerk, General Land Office, 1700 North Congress Avenue,
				9th Floor, Austin, Texas 78701-1496.
(b) The administrative hearings clerk shall
				deliver a copy of all documents submitted under this section to the assigned
				agency hearings attorney at the following address: Legal Services Division:
				Environment Law Section, General Land Office, 1700 North Congress Avenue, 9th
				Floor, Austin, Texas 78701-1496.
(c) Except as provided in subsection (d) of
				this section, all documents relating to an administrative hearing before the
				agency shall be deemed filed only when actually received and accepted by the
				administrative hearings clerk.
(d)
				A document required to be filed under this chapter which is properly addressed
				to the administrative hearings clerk, which is properly stamped, and which is
				postmarked at least one day prior to the last day for filing the document,
				shall be deemed to have been filed timely if it is received not more than 10
				days after the filing deadline.
(e)
				Where the time period for filing any responsive documents (replies to
				exceptions, replies to motions, etc.) is initiated by the filing of another
				document, the initiating document shall be deemed filed when it is actually
				received and accepted for filing by the administrative hearings clerk, if filed
				on or after the filing deadline. Documents filed before the filing deadline
				shall be deemed filed on the day of the filing deadline.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.4 - Computation and Extension of Time Periods

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Counting days. In computing any relevant period of time, the period shall begin
				on the day after the act, event, or default in question and shall conclude on
				the last day of that designated period, unless such last day falls on a
				Saturday, Sunday, or legal holiday. In that case, the period shall be extended
				until the end of the next day which is neither a Saturday, Sunday, nor a legal
				holiday.
(b) Extensions.
(1) Unless otherwise provided by statute, the
				time for filing any documents covered by this title may be extended. A written
				motion must be filed prior to the expiration of the applicable period of time
				asserting that there is good cause for the extension of time and that the need
				for the extension is not caused by the neglect, indifference, or lack of
				diligence of the movant. A copy of any such motion shall be served upon all
				parties of record concurrently with its filing with the administrative hearings
				clerk.
(2) Upon a showing of good
				cause by petitioner, the hearing examiner may extend the time for submission of
				a statement of grounds.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.5 - All Agreements Must Be in Writing

Current through Reg. 49, No. 28; July 12, 2024
No stipulation or agreement between the parties, their
				  attorneys, or representatives shall be enforceable unless it has been reduced
				  to writing and signed by the parties or their authorized representatives, or
				  unless dictated into the record during the course of a hearing, or incorporated
				  into an order bearing written approval of all parties. This section shall not
				  limit a party's ability to waive, modify, or stipulate any right or privilege
				  afforded by these sections, unless otherwise precluded by
				  law.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.6 - Conduct and Decorum

Current through Reg. 49, No. 28; July 12, 2024
(a) Comportment.
				All parties, witnesses, attorneys, and other representatives shall conduct
				themselves during all agency proceedings with dignity, courtesy, and respect
				for the agency, its hearing examiner, and all other parties and participants.
				Attorneys shall observe all rules of professional and ethical behavior
				prescribed for the profession by the Code of Professional
				Responsibility.
(b) Compliance. Any
				party, witness, attorney, or other representative who violates subsection (a)
				of this section may be excluded by the agency from any proceeding or may be
				subject to such other reasonable and lawful disciplinary action as the agency
				may prescribe.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.7 - Initiation of General Land Office Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The commissioner may recover a penalty of
				not less than $50 or more than $1,000 for each day that a person constructs,
				owns, operates, possesses, or exercises control over an unauthorized structure
				or facility on state land.
(1) In determining
				penalties to be assessed under the provisions of Texas Natural Resources Code,
				§
										51.302
				and §
										51.3021,
				in performing duties and responsibilities imposed under Texas Natural Resources
				Code, Chapters 33 and 51, the commissioner shall consider:
(A) the seriousness of the violation,
				including the nature, circumstances, extent, and gravity of the violation and
				the hazard and damage, including damage to natural resources, caused
				thereby;
(B) the degree of
				cooperation of the owner and operator once that person was given notice of the
				violation;
(C) the degree of
				culpability and the history of previous violations by the owner or
				operator;
(D) the amount necessary
				to deter future violations; and
(E)
				any other matter relevant to a fair and just result.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.8 - Request for Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
				operator, lienholder, or interested party who disagrees with the findings or
				requirements of the notice or any penalty, and who wishes to request a hearing
				for reconsideration or redetermination by the agency of the findings,
				requirements, or penalty, shall file with the agency a request for hearing and
				a statement of grounds as described in §
									17.3 of this
				title (relating to Filing of Documents) and §
									17.9 of this
				title (relating to Statement of Grounds).
(b) If the owner or operator charged consents
				to the deputy commissioner's recommendation, or if the owner or operator,
				lienholder, or interested party fails to request a hearing within 30 days after
				receipt of notice of the findings, requirements, and/or penalty, the
				commissioner shall issue an order consistent with the provisions in the notice
				required by §
									17.7
				of this title (relating to Initiation of General Land Office Action). The
				commissioner shall serve written notice of the final order to the owner or
				operator and lienholders. The owner or operator charged must comply with the
				order and pay any penalty assessed.
(c) A request for hearing must be filed in a
				timely manner regardless of any extension of time granted for the filing of a
				statement of grounds.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.9 - Statement of Grounds

Current through Reg. 49, No. 28; July 12, 2024
(a) A statement of
				grounds must set out in detail the reasons for disagreement with the findings
				or requirements of the notice and/or penalty assessed and shall include the
				factual and legal basis for the dispute.
(b) To the extent practicable, a statement of
				grounds shall be accompanied by the following documents:
(1) documentary evidence, if any, in support
				of petitioner's claim;
(2) a list
				of all other parties whom petitioner claims are liable under the charges of the
				notice as described by §
										17.7
				of this title (relating to Initiation of General Land Office Action).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.10 - Docketing and Notice

Current through Reg. 49, No. 28; July 12, 2024
When the administrative hearings clerk of the General Land
				  Office receives a request for hearing or other pleading intended to initiate a
				  hearing, the clerk shall determine whether the request for hearing or other
				  pleading complies with these sections in form and content. If the request for
				  hearing or other pleading complies with these sections in form and content, the
				  clerk shall docket it as a pending proceeding, and shall number it in
				  accordance with the established docket numbering system of the agency. Notice
				  of such action shall be served on all parties of record. If the request for
				  hearing or other pleading does not comply with these sections in form and
				  content, the clerk shall return the request for hearing or other pleading to
				  the sender to be amended in accordance with §
									17.12(d)
				  of this title (relating to Pleadings).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.11 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice of proceeding. In any
				administrative hearing, the clerk shall send a notice of hearing to each party
				of record at least 10 days prior to the hearing date.
(b) Contents of notice. All notices required
				by these sections shall be sent by certified mail, return receipt requested,
				and shall contain the following:
(1) a
				statement of the time, place, and nature of the hearing;
(2) a statement citing the legal authority
				under which the hearing is to be held;
(3) a short and plain statement of the
				matters asserted;
(4) a statement
				citing the specific statute(s) or rule(s) involved; and
(5) in the case of administrative penalties,
				the amount of penalties alleged to be due.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.12 - Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) Classification of pleadings.
(1) A pleading is any written document filed
				by a party alleging its claim, its response to a claim, or its request for
				specific relief or action.
(2) All
				pleadings must be in writing, must be filed as required in §
										17.3 of this
				title (relating to Filing of Documents), and must be served on all parties of
				record.
(3) Pleadings shall be
				classified as applications or petitions, statement of grounds, prehearing and
				post-hearing briefs, protests, responses, complaints, exceptions, replies,
				motions, or answers. Any error in the designation of a pleading shall not
				prevent it from being accorded its true status in the proceeding in which it is
				filed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.13 - Motions before the Examiner and Responses to Motions before the Examiner

Current through Reg. 49, No. 28; July 12, 2024
(a) Any motion in any proceeding, unless made
				on the record during a hearing, shall be in writing, shall be filed in
				accordance with §
									17.3 of this
				title (relating to Filing of Documents), shall be served on all parties of
				record, and shall set forth the relief sought and the specific reasons and
				grounds for such relief. If based upon matters which do not appear of record,
				it shall be supported by written affidavit or certificate. If the movant
				desires an oral argument on the motion before the examiner, the motion shall so
				state.
(b) If the party filing a
				response to a motion desires an oral argument on the motion before the
				examiner, the response to the motion shall so state.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.14 - Prefiled Testimony and Exhibits

Current through Reg. 49, No. 28; July 12, 2024
The hearing examiner may require that prepared testimony and
				  exhibits be prefiled and served on all other parties of record prior to the
				  date set for hearing on any pleading.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.15 - Motions To Retract

Current through Reg. 49, No. 28; July 12, 2024
A party may, at any time in the administrative process,
				  indicate acceptance of the opposing position on any of the issues presented by
				  filing a motion to retract. The motion to retract shall concisely state which
				  issue or issues are no longer in controversy and need not be considered in a
				  hearing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.16 - Dismissal without Hearing

Current through Reg. 49, No. 28; July 12, 2024
The hearing examiner may dismiss a proceeding without a
				  hearing, with or without prejudice, for any of the following reasons:
(1) failure to comply in a timely manner with
				any requirement of this chapter or to respond to any directive of the hearing
				examiner with regard to the matter in issue;
(2) unnecessary duplication of proceedings or
				res judicata;
(3) withdrawal of
				petition or upon submission of a motion to retract;
(4) moot questions or obsolete
				petitions;
(5) lack of agency
				jurisdiction; or
(6) withdrawal of
				a preliminary report.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.17 - Prehearing Conference

Current through Reg. 49, No. 28; July 12, 2024
(a) The hearing
				examiner may, by written notice, either on his own initiative or in response to
				a request by one of the parties, direct the parties or their representatives to
				appear before him at a specified time and place for a conference with the
				examiner to consider any of the following:
(1) formulation or simplification of
				issues;
(2) admissions,
				stipulations of fact or stipulations concerning the use of public records, or
				other evidence;
(3) hearing
				procedures;
(4) limitation, where
				possible, of the number of witnesses; or
(5) any other matters which may aid in
				shortening or simplifying the proceedings, or in the disposition of matters in
				controversy.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.18 - Motion for Consolidation

Current through Reg. 49, No. 28; July 12, 2024
Two or more proceedings may be consolidated upon written
				  notice by the hearing examiner or upon written motion of a party filed as
				  provided in §
									17.3 of this
				  title (relating to Filing of Documents) and served on all parties of record
				  prior to the hearing date. Protest to such motion and to the examiner's ruling
				  shall be made as provided in §
									17.12 of
				  this title (relating to Pleadings). No proceedings shall be consolidated or
				  heard jointly without either consent of all parties involved or a finding by
				  the examiner that the proceedings to be consolidated or heard jointly involve
				  common questions of law or fact, or both, and that separate hearings would
				  result in unwarranted expense, delay, or injustice. Separate hearings on
				  specific issues may be allowed by the examiner after consolidation of
				  proceedings.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.19 - Motion for Postponement or Continuance

Current through Reg. 49, No. 28; July 12, 2024
A motion for postponement or continuance shall be in writing,
				  shall be filed in accordance with §
									17.3 of this
				  title (relating to Filing of Documents), and shall be served on all parties of
				  record prior to the hearing date. The motion shall set forth the specific
				  grounds upon which it is sought. Protest to such motion and to the examiner's
				  ruling shall be made as provided in §
									17.12 of
				  this title (relating to Pleadings). Within 10 days prior to a hearing, or
				  during a hearing, a postponement may be granted by an examiner only if good
				  cause is shown upon either oral (by conference call if a hearing is not in
				  progress) or written motion.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.20 - Time and Place of Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) A hearing
				shall be held, unless otherwise provided by the hearing examiner, within 30
				days of receipt of the request for hearing.
(b) All administrative proceedings shall be
				conducted in Austin, unless for good cause the examiner designates another
				place for the hearing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.21 - Hearing Examiner

Current through Reg. 49, No. 28; July 12, 2024
(a) Hearings shall
				be held by a hearing examiner designated by the commissioner. The hearing
				examiner shall make findings of fact and promptly issue to the commissioner a
				written decision as to the unauthorized nature of the structure, the imposition
				of penalties, and the need for removal of the structure and make a
				recommendation as to the removal requirements, the amount of any proposed
				penalty and costs, or both.
(b) A
				hearing examiner assigned to a particular proceeding or case shall have the
				authority to:
(1) convene a
				hearing;
(2) administer oaths to
				all persons presenting testimony;
(3) rule on motions;
(4) rule on the admissibility of
				evidence;
(5) designate and align
				parties and establish the order for presentation of evidence;
(6) examine witnesses;
(7) set hearing dates;
(8) set prehearing conferences;
(9) when required, issue subpoenas to compel
				the attendance of witnesses or the production of papers and documents related
				to a hearing;
(10) commission and
				require the taking of depositions;
(11) define the jurisdiction of the General
				Land Office concerning the matter under consideration;
(12) limit testimony to matters within the
				jurisdiction of the General Land Office;
(13) ensure that information and testimony
				are introduced as conveniently and expeditiously as possible without
				prejudicing the rights of any party to the proceeding;
(14) recess, continue, or reschedule any
				hearing; and
(15) exercise any
				other appropriate powers necessary or convenient to carry out the examiner's
				responsibilities.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.22 - Parties to the Hearings

Current through Reg. 49, No. 28; July 12, 2024
The General Land Office and all persons named in the hearing
				  notice are parties to the hearing. Except for good cause, no person shall be
				  admitted as a party unless the written request is received by the
				  administrative hearings clerk of the General Land Office in Austin by the time
				  set in the notice. The examiner shall notify, in writing or by telephone, if
				  necessary, the persons admitted and the other parties. At the hearing, only
				  those persons admitted as parties will be permitted to present evidence and
				  argument and to cross-examine witnesses. The commissioner or his designee shall
				  determine by whom and in what manner the agency will be represented at a
				  hearing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.23 - Order of Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) The examiner
				shall open the hearing and make a concise statement of its scope and purposes.
				A record of all proceedings during such hearing shall be made. Once the hearing
				has begun, parties or their representatives may be off the record only when
				permitted by the examiner. If a discussion off the record is determined by the
				examiner to be pertinent to the issues to be decided in the hearing, the
				examiner may summarize such discussion for the record. Appearances by all
				parties or their representatives, and any witnesses who may testify during
				their proceeding, are to be entered in the record. All witnesses present who
				may testify will then be placed under oath. Thereafter, parties may present
				motions or opening statements.
(b)
				Following opening statements, if any, the party with the burden of proof may be
				directed to proceed with its direct case.
(c) Where the proceeding is initiated by the
				General Land Office, or where several proceedings are heard on a consolidated
				record, the examiner shall designate which party shall open and close and the
				stage at which other parties shall be permitted to offer evidence. The party
				with the burden of proof shall be entitled to open and to close.
(d) Opportunity for cross-examination of
				witnesses and presentation of a direct case shall be afforded all parties of
				record. After all parties have completed the presentation of their evidence and
				have been afforded the opportunity to ask clarifying questions and to
				cross-examine opposition witnesses, closing statements may be
				allowed.
(e) The parties may, by
				agreement, alter the order of these proceedings with the consent of the hearing
				examiner.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.24 - Reporters and Transcripts

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				contested cases shall be recorded on audio tape, cassette, or by an official or
				licensed court reporter. Upon written request by any party, a transcript shall
				be made of the hearing. The cost of such transcript shall be borne by the
				requesting party. As many copies of the transcript as may be required for the
				purposes of the General Land Office shall be made by such requesting party and
				filed with the hearing examiner. No copies of the transcript will be furnished
				to the parties by the General Land Office, but copies may be purchased from the
				official reporter upon payment of applicable charges.
(b) Errors claimed in any transcription shall
				be noted in writing and suggested corrections may be offered within 10 days
				after the transcript is filed with the examiner. Such time for suggested
				corrections may be extended by the examiner. Suggested corrections shall be
				served in writing upon each party of record and upon the examiner. If not
				objected to within 10 days after being offered, the examiner shall direct that
				such suggested corrections be made and shall stipulate the manner of making
				such corrections. In the event that parties disagree on suggested corrections,
				the examiner, with the aid of argument and testimony from the parties, shall
				then determine the manner in which the record shall be changed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.25 - Formal Exceptions

Current through Reg. 49, No. 28; July 12, 2024
Formal exceptions to rulings of the examiner during a hearing
				  shall not be necessary in order to preserve an objection until a later stage of
				  the proceeding.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.26 - Offer of Proof

Current through Reg. 49, No. 28; July 12, 2024
When testimony is excluded by ruling of the examiner, a party
				  shall be permitted to offer such testimony by dictating it into the record or
				  by submitting the substance of the proposed testimony, in writing, prior to the
				  conclusion of the hearing. Such an offer of proof shall be sufficient to
				  preserve such offer for review by the commissioner. The examiner may ask such
				  questions of a witness as are necessary to determine that the witness would, if
				  allowed, testify as represented in the offer of proof.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.27 - Interim Order

Current through Reg. 49, No. 28; July 12, 2024
Prior to any final order of the commissioner, a party may
				  seek, upon motion submitted to the hearing examiner, approval of a written
				  interim order on any substantive issue where the facts are not disputed. An
				  interim order shall not be subject to exceptions or application for rehearing
				  until the close of the hearing and the proposal for decision is filed, but any
				  party who would be aggrieved by such an interim order shall be provided an
				  opportunity to file a motion to set aside, or to modify such interim order
				  within three days before such order is entered.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.28 - Witnesses To Be Sworn

Current through Reg. 49, No. 28; July 12, 2024
Oral testimony shall be presented under oath administered by
				  the examiner.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.29 - Rules of Evidence

Current through Reg. 49, No. 28; July 12, 2024
The rules of evidence as applied in nonjury civil cases in
				  the district courts of this state shall be followed. Irrelevant, immaterial, or
				  unduly repetitious evidence may be excluded. When necessary to ascertain facts
				  not reasonably susceptible to proof under those rules, evidence not admissible
				  under them 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 rules of privilege recognized by law shall be effective in agency
				  proceedings. Objections to evidentiary offers may be made and shall be noted in
				  the record. Subject to these requirements, if a hearing will be expedited and
				  the interests of the parties will not be prejudiced substantially, any part of
				  the evidence may be received in writing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.30 - Official Notice

Current through Reg. 49, No. 28; July 12, 2024
Official notice may be taken of judicially cognizable facts
				  and of generally recognized facts within an area of General Land Office
				  specialized knowledge or expertise, and the special skills or knowledge of the
				  agency and its staff may be utilized in evaluating the evidence. Parties shall
				  be notified of the material noticed, including any staff memoranda or data, and
				  shall be afforded an opportunity to contest the material so
				  noticed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 17 - HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND › Section 17.31 - Documentary Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) Documentary
				evidence may be received in the form of copies or excerpts where an original
				document is not readily available. On request, however, parties shall be given
				an opportunity to compare the copy with the original.
(b) Where a large number of similar documents
				is offered, the examiner may limit those admitted to a representative sample
				and may require the abstracting of relevant data from the documents and
				presentation of the abstracts in the form of an exhibit. The examiner shall
				allow all parties of record, or their representatives, an opportunity to
				examine the documents from which such abstracts are made.