Texas Administrative Code (Last Updated: March 27,2024) |
TITLE 30. ENVIRONMENTAL QUALITY |
PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY |
CHAPTER 55. REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT |
SUBCHAPTER D. APPLICABILITY AND DEFINITIONS |
SECTION 55.103. Definitions
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The following words and terms, when used in Subchapters D - G of this chapter (relating to Applicability and Definitions; Public Comment and Public Meetings; Requests for Reconsideration or Contested Case Hearing; and Requests for Contested Case Hearing and Public Comment on Certain Applications) shall have the following meanings. Affected person--A person who has a personal justiciable interest related to a legal right, duty, privilege, power, or economic interest affected by the application. An interest common to members of the general public does not qualify as a personal justiciable interest. The determination of whether a person is affected shall be governed by §55.203 of this title (relating to Determination of Affected Person), or, if applicable under §55.256 of this title (relating to Determination of Affected Person). Notwithstanding any other law, a state agency, except a river authority, may not file a request for a contested case hearing or request for reconsideration, nor may it be considered an affected person or named a party, or otherwise contest of a permit or license on an application received by the commission on or after September 1, 2011 unless the state agency is the applicant.
Source Note: The provisions of this §55.103 adopted to be effective October 20, 1999, 24 TexReg 9015; amended to be effective May 3, 2012, 37 TexReg 3133