SECTION 29.34. Referral of a Proposed Agency Action to the Commissioner for Consistency Review

(a) Upon receipt of a timely Request for Referral which satisfies the requirements of §29.33 of this chapter (relating to Filing of Request for Referral), the CMP coordinator shall provide a copy to each committee member.

(b) The members of the committee shall consider the Request for Referral.

(c) For the commissioner to accept a Request for Referral, any three committee members other than the representative of the Texas Sea Grant College Program must agree that there is a significant unresolved dispute regarding the proposed action's consistency with the CMP goals and policies, and must submit the matter to the CMP coordinator in writing no later than 13 days after the agency has proposed the action for which referral has been requested.

(d) The adequacy or inadequacy of a Request for Referral shall not be a reviewable issue before the commissioner. The commissioner may exercise the discretion to accept a deficient Request for Referral.

(e) No right to commissioner review is created by this chapter. The decision to review a proposed action is within the commissioner's discretion.

Source Note: The provisions of this §29.34 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675