1. (a) The executive director, the applicant, or an affected person as defined by Texas Water Code, §5.115(a) may request a contested case hearing.
2. (b) The commission is not required to hold a hearing if it determines that the basis of a person's request for a hearing as an affected person is not reasonable or is not supported by competent evidence.

3. (c) All relevant factors shall be considered in the evaluation of a person's request for a hearing as an affected person, including, but not limited to, the following:

   1. (1) whether the interest claimed is one protected by the law under which the application will be considered;
   2. (2) distance restrictions or other limitations imposed by law on the affected interest;
   3. (3) whether a reasonable relationship exists between the interest claimed and the activity regulated;
   4. (4) likely impact of the regulated activity on the health, safety, and use of property of the person;
   5. (5) likely impact of the regulated activity on use of the impacted natural resource by the person; and
   6. (6) for governmental entities, their statutory authority over or interest in the issues relevant to the application.

4. (d) A group or association may request a contested case hearing only if the group or association meets all of the following requirements:

   1. (1) one or more members of the group or association would otherwise have standing to request a hearing in their own right;
   2. (2) the interests the group or association seeks to protect are germane to the organization's purpose; and
   3. (3) neither the claim asserted nor the relief requested requires the participation of the individual members in the case.

Source Note:The provisions of this §35.28 adopted to be effective December 10, 1998, 23 TexReg 12413.