1. (a) Applications Qualified for Administrative Review. An application, other than a major rate proceeding, may be approved by an administrative law judge without a hearing or action by the commission, under the following conditions:

   1. (1) the commission has referred the application to SOAH for processing;
   2. (2) at least 30 days have passed since the completion of all notice requirements;
   3. (3) the matter has been fully stipulated so that there are no issues of fact or law disputed by any party; and
   4. (4) the administrative law judge finds that no hearing or commission action is necessary and that administrative review is warranted.
2. (b) Administrative Law Judge's Order. If an application qualifies for administrative review, the administrative law judge shall issue an order with proposed findings of fact and conclusions of law as soon as is reasonably practicable. The order shall be served upon each commissioner and all parties.
3. (c) Finality of Order. At the request of any commissioner, the order shall be placed on the agenda to be considered in open meeting. The commission may approve the order of the administrative law judge, vacate the order of the administrative law judge and remand the docket for hearing or additional proceedings, or modify the order with the agreement of the parties. If, within 20 days after issuance of the administrative law judge's order, the commission has not scheduled the application to be considered in open meeting, the order is deemed approved and becomes final.
4. (d) Notice Requirements. Nothing in this section shall be construed to alter any notice requirement imposed on any proceeding by statute, rule, or order.
5. (e) Time Limits. Nothing in this section shall be construed to alter any time limit imposed on any proceeding by a statute, rule, or order.
6. (f) Exceptions to Administrative Law Judge's Order. Nothing in this section shall be construed to preclude any party from filing exceptions to the administrative law judge's order, provided such exceptions are filed with the commission within 15 days after the issuance of the administrative law judge's order.

Source Note:The provisions of this §22.32 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627.