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TCEQ Proposes Amendments to Contested Case Hearing Rules

Beveridge & Diamond, P.C. - Texas Environmental Update, November 2011

At their November 2, 2011, agenda meeting, the TCEQ Commissioners approved for publication proposed rules revising certain of the Commission’s regulations concerning contested case hearings and the procedures for contesting applications. The rulemaking is proposed to implement the following provisions of Article 10 of the TCEQ Sunset Bill (House Bill 2694): a limitation on the ability of various state agencies to contest permit or license applications; a requirement that the TCEQ Executive Director be a party to all contested case hearings; and a deadline for discovery in certain contested case hearings in which prefiled written testimony is used. The proposed rules were published in the Texas Register on November 18, 2011, and the public comment period for the rulemaking will end on December 19, 2011. TCEQ will hold a hearing on the proposal on December 12 at 10:00 a.m. in Room 201S of Building E at TCEQ’s headquarters in Austin. TCEQ currently anticipates adopting final rules by April 11, 2012. The proposed regulations and additional information are available on TCEQ’s website.