(a) Any hearing involving a retail public water or sewer utility as defined in §24.3 of this title (relating to Definitions of Terms) may be conducted as an informal proceeding when, in the judgment of the presiding officer, the conduct of a hearing under informal procedures will:
- (1) result in savings of time or costs to all parties;
- (2) lead to a negotiated or agreed settlement of facts or issues in controversy; and
- (3) not prejudice the rights of any party.
- (b) If during an informal proceeding, all parties reach a negotiated or agreed settlement which in the judgment of the presiding officer settles all facts or issues in controversy, the proceeding shall not be a contested case under the Texas Administrative Procedure Act, Government Code, Chapter 2001, and no proposal for decision nor detailed findings of fact and conclusions of law are required.
- (c) If the parties do not reach a negotiated or agreed settlement of all facts and issues in controversy, the presiding officer may adjourn the informal proceeding and reconvene it as a contested case hearing under standard hearing procedures as otherwise provided for in this chapter.
Source Note:The provisions of this §24.11 adopted to be effective September 1, 2014, 39 TexReg 5903.