SECTION 22.297. Notice and Opportunity for Hearing

(a) An emergency order under this subchapter may be issued with or without notice and an opportunity for hearing in accordance with this subchapter.

(b) A law under which the commission acts that requires notice of hearing or that prescribes procedures for the issuance of emergency orders does not apply to a hearing on an emergency order issued pursuant to the Texas Water Code, Chapter 13, Subchapter K-1 unless the law specifically requires notice for an emergency order. The commission shall give notice of the hearing as it determines is practicable under the circumstances.

(c) If notice and opportunity for a hearing is practicable, the commission shall provide the notice not later than the tenth day before the date set for the hearing.

(d) If notice and opportunity for a hearing is not practicable, an emergency order may be issued under this section without a hearing.

(1) An emergency order issued without a hearing under this section is not subject to the requirements of the APA.

(2) If an emergency order is issued without a hearing under this section, the commission shall schedule a hearing to affirm, modify, or set aside the emergency order pursuant to §22.299 of this title (relating to Hearing Required to Affirm, Modify, or Set Aside). Such a hearing will be conducted in accordance with the APA. Notice of such a hearing shall be given no later than the tenth day before the date of the hearing and shall provide that an affected person may:

(A) participate in an evidentiary hearing to affirm, modify, or set aside the emergency order; and

(B) waive the right to a hearing. The notice shall explain how such waiver may occur.

Source Note: The provisions of this §22.297 adopted to be effective August 4, 2014, 39 TexReg 5894; amended to be effective July 3, 2016, 41 TexReg 4799