When conducting a review of a proposed rule under §5.207 of this subchapter or deciding whether to direct a state agency to submit a proposed rule to the division under §5.204(a)(2) of this subchapter, the division may only consider information or communications that are:

1. (1) submitted to the division in writing from an identified person and made available to the public;
2. (2) submitted in a public hearing; or
3. (3) generally known to the public.

Source Note:The provisions of this §5.212 adopted to be effective October 14, 2020, 45 TexReg 7237.