(a) Applications Qualified for Informal Disposition. An application, other than a major rate proceeding, may be approved by the commission without a hearing under the following conditions:
- (1) at least 30 days have passed since the completion of all notice requirements;
- (2) the decision is not adverse to any party other than the general counsel; and
- (3) the commission finds that no hearing is necessary.
- (b) Proposed Order. The presiding officer shall prepare a proposed order which shall be served on all parties no less than 20 days before the commission is scheduled to consider the application in open meeting.
- (c) Notice Requirements. Nothing in this section shall be construed to alter any notice requirement imposed on any proceeding by statute, rule, or order.
- (d) Time Limits. Nothing in this section shall be construed to alter any time limit imposed on any proceeding by a statute, rule, or order.
- (e) Exceptions to Proposed Order. Parties may file exceptions or suggested corrections to the proposed order, provided such exceptions or corrections are filed with the commission no less than seven days before the commission is scheduled to consider the application in an open meeting.
Source Note:The provisions of this §22.35 adopted to be effective September 8, 1995, 20 TexReg 6627; amended to be effective July 22, 1998, 23 TexReg 7364.