1. (a) Subsections (b)-(d) of this section apply to applications under Chapters 26 and 27 of the Texas Water Code and Chapters 361 and 382 of the Texas Health and Safety Code. Subsection (e)(1) of this section applies to all applications under this subchapter. Subsections (e)(2) and (f) of this section apply as stated in the subsection.
2. (b) When the commission grants a request for a contested case hearing, the commission shall issue an order specifying the number and scope of the issues to be referred to SOAH for a hearing.

3. (c) The commission may not refer an issue to SOAH for a contested case hearing unless the commission determines that the issue:

   1. (1) involves a disputed question of fact;
   2. (2) was raised during the public comment period; and
   3. (3) is relevant and material to the decision on the application.
4. (d) Consistent with the nature and number of the issues to be considered at the contested case hearing, the commission by order shall specify the maximum expected duration of the hearing by stating the date by which the judge is expected to issue a proposal for decision. No hearing shall be longer than one year from the first day of the preliminary hearing to the date the proposal for decision is issued. A judge may extend any hearing if the judge determines that failure to grant an extension will deprive a party of due process or another constitutional right.

5. (e) The commission may limit the scope of a contested case hearing:

   1. (1) to only those portions of a permit for which the applicant requests action through an amendment or modification. All terms, conditions, and provisions of an existing permit remain in full force and effect during the proceedings, and the permittee shall comply with an existing permit until the commission acts on the application; and
   2. (2) to only those requirements in §382.055 of the Texas Health and Safety Code for the review of a permit renewal.
6. (f) When referring a case to SOAH, for applications other than those filed under Chapters 26 and 27 of the Texas Water Code and Chapters 361 and 382 of the Texas Health and Safety Code, the commission or executive director shall provide a list of disputed issues. For hearings on these applications, the disputed issues are deemed to be those defined by law governing these applications, unless the commission orders otherwise under §80.6(d) of this title (relating to Referral to SOAH).

Source Note:The provisions of this §50.115 adopted to be effective September 23, 1999, 24 TexReg 8254.