(a) Notice of publication. At least twice a month, the Transportation/Gas Utilities Division director shall issue publications that contain a transportation notice of hearing for nonrulemaking transportation proceedings. The notice of hearing shall give notice of all applications or other pleadings by which transportation contested cases have been instituted in the Transportation/Gas Utilities Division since the last notice of hearing. The notice of hearing shall contain the following:
- (1) the name and address of the applicant or other party filing the pleading and the name and address of that party's authorized representative, if any;
- (2) a concise statement of the action sought in the proceeding with reference to the commission's source of jurisdiction and authority to take the action sought; and
- (3) a statement of the procedure to be followed, including the requirements for filing a notice of protest.
- (b) Docket assignment. Transportation applications to which one or more notices of protest have been filed shall be assigned to the protested docket and transferred to the Legal Division. Applications to which notices of protest have not been filed shall be assigned to the unprotested docket upon expiration of the protest period. An applicant whose application is placed on the unprotested docket shall not be relieved of sustaining the burden of proof imposed by law.
Source Note:The provisions of this §1.44 adopted to be effective June 1, 1991, 16 TexReg 2289.