SECTION 301.55. Action on the Application

(a) Action without public hearing. The commission may take action on an application at a regular meeting without holding a public hearing provided:

(1) at least 30 days prior to the regular meeting at which action is taken, notice of the application and commission action has been given by mail and by publication; and

(2) within the 30-day period after the publication of the notice, no request for a public hearing has been submitted by a commissioner, the executive director, or an affected person who objects to the application.

(b) Request for public hearing.

(1) A request for public hearing under this chapter made by an affected person who objects to the application must be in writing and must be submitted to the commission within 30 days after the publication of the notice of application. The commission may extend the time allowed for submitting a request for public hearing.

(2) The written request shall contain the following information:

(A) the name, mailing address, and phone number of the person making the request;

(B) the application number or other recognizable reference to the application;

(C) a brief description of the interest of the requester, or of persons represented by the requester; and

(D) a brief description of how the application, if granted, would adversely affect such interest.

(3) If the commission determines that the request for public hearing is in substantial compliance with this section, or that a public hearing would serve the public interest, the commission shall conduct a public hearing.

Source Note: The provisions of this §301.55 adopted to be effective June 2, 1986, 11 TexReg 2435.