1. (a) This chapter applies to collection procedures and contested case hearings before the Advisory Commission on State Emergency Communications, including those referred to the State Office of Administrative Hearings, whether instituted by order of the commission or by the filing of an application, complaint, petition or any other pleading.
2. (b) These rules are intended to provide fair methods for hearing and resolving a service provider's or business service user's disagreements with certain official actions of the Advisory Commission on State Emergency Communications. These rules shall be construed to insure the fair and expeditious determination of every action.
3. (c) These rules supplement the procedures required by the Administrative Procedure Act, Chapter 2001, Government Code.
4. (d) The Advisory Commission on State Emergency Communications may adopt special rules of practice and procedure to be applicable only to certain types of proceedings which are not accommodated by these rules. When a special rule is in conflict with these rules, the special rule shall control.
5. (e) To the extent that any provision of this chapter is in conflict with any statute or substantive rule of the Advisory Commission on State Emergency Communications, the statute or substantive rule shall control.
6. (f) The administrative law judge, upon notice and hearing, may grant exceptions to procedural provisions of this chapter, if the administrative law judge determines that such exceptions are in the interest of justice or the efficient administration of this chapter.
7. (g) These rules establish collection and hearing procedures pursuant to Texas Health and Safety Code, §771.077. Pursuant to that section, the Advisory Commission on State Emergency Communications shall deposit amounts received as costs of collection in the general revenue fund. Fees and any associated late penalties collected pursuant that section shall be delivered to the appropriate regional planning commission or other designated public agency. For emergency communications districts voluntarily concurring in that section, fees and associated late penalties shall be delivered to the appropriate emergency communications district. Surcharges and any associated late penalties shall be deposited as provided by Texas Health and Safety Code, §771.072(f).
8. (h) Pursuant to Texas Health and Safety Code, §771.077(c), late penalties apply to service providers and not business service users. The use of collection and hearing procedures pursuant to Texas Health and Safety Code, §771.077 does not limit or constrain the Advisory Commission on State Emergency Communications from instituting a civil action against a business service user pursuant to Texas Health and Safety Code, §771.073(b).
9. (i) This chapter also includes rules that prescribe the form for an interested person to petition the Advisory Commission on State Emergency Communications to adopt a rule and the procedure for the petition's submission, consideration, and disposition.

Source Note:The provisions of this §253.1 adopted to be effective February 26, 1998, 23 TexReg 1541.