- (a) If the appropriate director or examiner finds that a pleading does not substantially comply in all material respects with the commission's rules, the director or examiner may notify the filing party as to the nature of the deficiency or deficiencies. Unless precluded by operation of law, the party who filed the pleading shall thereafter have the right to file a corrected pleading. The filing of a corrected pleading shall not be permitted to delay any proceeding unless the appropriate director or the examiner determines that such delay is necessary to prevent an injustice or to protect the public interest.
- (b) With respect to an application for new motor carrier or motor bus authority, the notification that the application is deficient as provided for in this section shall be made within 28 days of the receipt of the application. Publication in the bimonthly notice as provided for in §1.44 of this title (relating to Transportation Docketing and Transportation Notice of Hearing for Nonrulemaking Proceedings) shall constitute notice that the application is complete and accepted for filing.
- (c) With respect to an application for a permit issued through the Surface Mining and Reclamation Division, within 120 days of receipt of a permit application, the appropriate division director will issue a written notice to the applicant which states that the application is complete and accepted for filing, or that the application is deficient, setting forth the specific additional information that is required. When an application is determined to be deficient, in the absence of a written agreement between the applicant and the commission extending the time for the initial review, the time period set out in this subsection will apply to any resubmission.
- (d) Disputes arising from noncompliance with the time periods established in subsections (b) and (c) of this section shall be reviewed as provided in §1.148 of this title (relating to Permit Decision Time Period Reviews).
Source Note:The provisions of this §1.26 adopted to be effective June 1, 1991, 16 TexReg 2289.