The commission may take action on an application requiring public notice at a regular meeting, without holding a public hearing, provided:

1. (1) at least 30 days prior to the regular meeting at which action is taken, notice of the application has been given by publication and by mail;
2. (2) within the 30-day period after the publication of the notice, no request for a public hearing has been submitted by the executive director, the applicant, or an affected person who objects to the application; and
3. (3) no commissioner has submitted a request for public hearing within the 30-day period after publication of the notice or requests a public hearing at the regular meeting of the commission at which action on the application could be taken according to such notice.

Source Note:The provisions of this §295.173 adopted to be effective May 28, 1986, 11 TexReg 2326.