SECTION 22.35. Informal Disposition

(a) Applications qualified for informal disposition. An application, other than a major rate proceeding, may be approved by the commission without a hearing under the following conditions:

(1) at least 15 days have passed since the completion of all notice requirements;

(2) the decision is not adverse to any party other than the commission staff; and

(3) the commission finds that no hearing is necessary.

(b) Methods of disposition.

(1) Notice of approval. Upon delegation by the commission, certain uncontested applications may be approved by the presiding officer through a notice of approval without consideration by the commission at open meeting. The commission shall maintain a list of the types of applications eligible for disposition by notice of approval.

(2) Proposed order. For all other applications, the presiding officer shall prepare a proposed order which shall be served on all parties no less than 20 days before the commission is scheduled to consider the application in open meeting.

(c) Corrections and exceptions.

(1) Corrections to notice of approval. Parties may file suggested corrections to a notice of approval within 15 days of the issuance of such notice. Corrections may be made at the discretion of the presiding officer.

(2) Exceptions to proposed order. Parties may file exceptions or suggested corrections to the proposed order, no less than seven days before the commission is scheduled to consider the application in an open meeting.

(d) Rehearing. Nothing in this section shall be construed to alter a party's ability to request rehearing pursuant to §22.264 of this title (relating to Rehearing).

(e) Notice requirements. Nothing in this section shall be construed to alter any notice requirement imposed on any proceeding by statute, rule, or order.

(f) Time limits. Nothing in this section shall be construed to alter any time limit imposed on any proceeding by a statute, rule, or order.

Source Note: The provisions of this §22.35 adopted to be effective September 8, 1995, 20 TexReg 6627; amended to be effective July 22, 1998, 23 TexReg 7364; amended to be effective March 26, 2001, 26 TexReg 2351