SECTION 58.5. Redetermination Review

(a) If the OAG issues a determination that a proposed CDA is not legally sufficient, a toll project entity may supplement the transcript of proceedings or amend the CDA to facilitate a redetermination by the OAG of the prior legal sufficiency determination.

(b) The general procedures and requirements for review as set forth in §58.4 of this chapter apply to a redetermination review, except to the extent that the OAG may agree in writing to waive the requirement to submit the complete transcript of proceedings. A request for a waiver of the transcript requirements should be made in writing by the toll project entity and the OAG will respond to the waiver request in writing.

(c) The OAG reserves the right not to issue a redetermination of legal sufficiency in the event that the OAG determines that:

(1) a toll project entity's submission of supplemental information or amendments to the CDA fails to substantively correct legal sufficiency issues raised by the OAG; or

(2) a toll project entity submits supplemental information or amendments to the CDA that substantially change or modify the fundamental terms of the CDA or the underlying toll project in such a manner as to constitute a different or new CDA.

(d) No additional examination fee is required for a redetermination review provided that the toll project entity paid the examination fee as required for an initial review by §58.7 of this chapter.

Source Note: The provisions of this §58.5 adopted to be effective October 25, 2011, 36 TexReg 7155