1. (a) Certification. The presiding officer may certify to the commission an issue that involves an ultimate finding of compliance with or satisfaction of a statutory standard the determination of which is committed to the discretion or judgment of the commission by law.

2. (b) Issues eligible for certification. The following types of issues are appropriate for certification:

   1. (1) the commission's interpretation of its rules and applicable statutes;
   2. (2) which rules or statutes are applicable to a proceeding; or
   3. (3) whether commission policy should be established or clarified as to a substantive or procedural issue of significance to the proceeding.

3. (c) Procedure for certification in commission proceedings. A party may request the presiding officer to certify an issue to the commission or the presiding officer may certify an issue at his or her discretion. The presiding officer must submit a certified issue to the commission by issuing a written order.

   1. (1) If a party requests an issue to be certified, the presiding officer will either certify the requested issue or file an order denying the motion at the earliest time practicable.
   2. (2) In accordance with subsection (d) of this section, the Office of Policy and Docket Management (OPDM) must place the certified issue on the commission's agenda to be considered at the earliest time practicable.
   3. (3) Party briefs on the certified issue are due within the timeframe set by OPDM.
   4. (4) The presiding officer may abate the proceeding while a certified issue is pending.
4. (d) Commission action. The commission will decide the certified issue within 60 days of submission of the certified issue to the commission. A commission decision on a certified issue is not subject to a motion for rehearing.

Source Note:The provisions of this §22.127 adopted to be effective September 8, 1995, 20 TexReg 6627; amended to be effective January 17, 1999, 24 TexReg 256; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective December 4, 2016, 41 TexReg 9472; amended to be effective March 18, 2026, 51 TexReg 1630.