SECTION 155.23. Hearing Procedure

(a) The purpose of this section is to provide for a simple and efficient manner of conducting a public hearing as provided in §155.1 of this title (relating to General Provisions).

(b) Notice of the hearing will be given by publication for at least three days, not less than two weeks nor more than four weeks prior to the hearing, in the daily paper having the greatest circulation in the county in which the land proposed to be leased is located. Notice of hearings governed by this section will be filed with the secretary of state for publication in the Texas Register.

(c) The notice of hearing will include:

(1) the time, date, and location of the hearing;

(2) a brief explanation of the purpose of the hearing; and

(3) any other statement or material required by law or deemed necessary and proper by the board.

(d) At the time notice of hearing is given as provided herein, all material received by the General Land Office pertinent to the subject of the hearing, including documents, studies, and other data, will be made available for public review and study. As additional material is subsequently developed or received by the General Land Office, it will be made available for public review and study, and one copy of such material will be filed in the office of the county judge of the county where a hearing is held.

(e) The notice of hearing will be mailed to any person who has made a timely written request for such notice to the General Land Office to be so notified; however, failure to mail the notice does not invalidate any action taken by the board or the commissioner.

(f) All hearings will be open to the public. Members of the board or their designated representatives will conduct the hearing. The board may designate a hearing officer who will have authority to administer oaths, to examine witnesses, and to rule upon the admissibility of written or oral testimony. The hearing officer will have the authority to open or recess any hearing from day to day.

(g) Any person, corporation, organization, or governmental subdivision or agency may offer testimony in support of or in opposition to an application, and any such person offering testimony is considered for the purpose of this section only to be a party. Any party may appear in person or may appear and be represented by an attorney at law. A corporation, association, and organization will be represented by at least one and not more than two persons for the purpose of testifying at any hearing. A governmental subdivision or agency will be represented by the highest elected or, if applicable, appointed official thereof, or by not more than two persons designated by such official.

(h) The board may consolidate any hearing held under the provision of this rule with a hearing required by federal law.

Source Note: The provisions of this §155.23 adopted to be effective January 1, 1976.