1. (a) Filing. Any person, firm, or corporation may apply for an exception to the provisions of this chapter by filing an application for exception along with a $50 filing fee with the commission.
2. (b) Form. The application must be typewritten on paper not to exceed 8-1/2 inches by 11 inches and have an inside margin of at least one inch. Annexed exhibits must be folded to the same size as the application. The content must be double-spaced and appear on one side of the paper only. In lieu of the typewritten application, a CNG Form 1025 may be submitted.

3. (c) Content. The application shall contain the following:

   1. (1) a reference, by section number, to the applicable CNG rule;
   2. (2) a statement of the type of relief desired; i.e., the exception applied for and those details which may be helpful in comprehending the exact nature of the exception;
   3. (3) a concise statement of facts which supports the applicant's case for the exception; i.e., the need for the exception and the reason for it, the safety aspects of the exception, and the social and/or economic impact of the exception;
   4. (4) a description of the acreage and/or address upon which the exception, if granted, will be located should its location be stationary. The description shall be in writing, shall include a plat drawing, and shall sufficiently identify the site to permit determination of property boundaries. Furthermore, the description shall state the ownership of the land, and state under what legal authority the applicant, if not the owner, is permitted occupancy;
   5. (5) the name, business address, and telephone number of the applicant and of his authorized agent, if any;
   6. (6) an original signature, in ink, by the party filing the application or by his authorized representative;
   7. (7) a list of the names and addresses of all affected parties, as defined in subsection (d) of this section.

4. (d) Notice.

   1. (1) The applicant shall send a copy of the application by certified mail, return receipt requested, to all affected parties on the same date on which the application is filed with or sent to the commission. In addition to the other requirements, the application shall include a notice that any complaint must be filed within 18 days of the date the application is mailed. All return receipts shall be forwarded to the commission.
   2. (2) In the case of an exception requested on a stationary site, the applicant must give notice to persons and businesses owning real property having a common boundary with the site and to the local fire marshal, city manager, city secretary, city council, or mayor. If the site "is not" within any municipal limits the county commission or appropriate commissioner must be given notice.

   3. (3) In the case of an exception requested on a nonstationary site, affected parties to whom the applicant must give notice shall include, but not be limited to:

      1. (A) the Texas Department of Public Safety; and
      2. (B) all CNG loading and unloading facilities utilized by the applicant.
   4. (4) In the interest of justice, the division director may require an applicant to give notice to persons in addition to those listed in paragraphs (2) and (3) of this subsection if doing so will not prejudice the rights of any party.
5. (e) Commission review. The commission shall review the application within 21 calendar days of receipt of the exception request. The commission must mail written notification to the applicant within the 21 calendar days of whether the request is complete or incomplete. If the commission has received no objections from any affected parties, it may grant the exception, unless it determines the exception would be hazardous to the health, safety, or welfare of the general public. If the commission declines administratively to grant the exception, it shall notify the applicant by certified mail, return receipt requested, of the reasons and of any specific deficiencies. The applicant may modify the application to correct the deficiencies and resubmit the application along with a $30 resubmission fee, or may request a hearing on the matter.

6. (f) Hearings.

   1. (1) When held. A hearing will be held when the commission receives a valid objection with any evidence or data to support the objection from any affected party, or when the applicant requests one following an administrative denial. To be granted a hearing, the applicant must file a request for a hearing within two weeks of receiving notice of the administrative denial. Failure to request a hearing within this time period will constitute waiver of the right of hearing.
   2. (2) Notice. The commission shall prepare a notice of hearing which shall be mailed to the applicant and all affected parties by certified mail, return receipt requested, not less than 21 calendar days prior to the date of the hearing.
7. (g) Penalties. Intentional misinformation submitted by an applicant or the authorized agent of such applicant shall be punishable as set out in the Texas Natural Resources Code, §116.142, and shall be grounds for dismissing the application with prejudice.
8. (h) Finding requirement. After the hearing, exceptions to this chapter may be granted by the Railroad Commission of Texas when based upon a determination that the grant of the exception will neither imperil nor tend to imperil the health, safety, and welfare of the general public.
9. (i) Temporary exception. For good cause shown, the commission may grant a temporary exception, which shall not exceed 30 days, to the examination requirements for representatives and operations supervisors. Good cause shall include, but not be limited to, the death of a sole proprietor or partners, or severe economic hardship. An applicant for a temporary exception must agree to comply with all applicable safety requirements and the commission must find the exception will not be hazardous to the public.
10. (j) Application completion deadline. If an application for an exception is inactive for six months after the applicant has been notified by the commission of an incomplete request, the application shall expire. Thereafter, the applicant may resubmit an exception request.

Source Note:The provisions of this §13.35 adopted to be effective November 15, 1990, 15 TexReg 5936; amended to be effective October 15, 1993, 18 TexReg 6456; amended to be effective August 30, 1999, 24 TexReg 6734.