Texas Water Code - Section 5.402. Request For Separate Processing
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§ 5.402. REQUEST FOR SEPARATE PROCESSING. (a) At any
time before the public notice of the opportunity to request a
hearing on a permit application, the applicant may request that
consolidated applications be processed separately as determined by
the executive director. The executive director shall process the
applications separately if the applicant submits a timely request
under this subsection.
(b) At any time after the notice of opportunity to request a
hearing but before referral of the matter to the State Office of
Administrative Hearings, the executive director may separate the
applications for processing on a showing of good cause by the
applicant that the applications should be processed separately.
For purposes of this subsection, "good cause" includes a change in
the statutory or regulatory requirements governing a permit or a
substantial change in the factual circumstances surrounding the
applications for permits.
(c) After an application has been referred to the State
Office of Administrative Hearings, the applicant may have the
applications processed separately only on a showing of compliance
with commission procedural rules regarding the withdrawal of
applications.
Added by Acts 1997, 75th Leg., ch. 1373, § 1, eff. Sept. 1, 1997.
Section: 5.352 5.353 5.354 5.355 5.356 5.357 5.401 5.402 5.403 5.404 5.405 5.406 5.501 5.502 5.503
Last modified: August 10, 2007
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