1. (a) In all permit hearings, the record in a contested case includes at a minimum the following certified copies of documents:

   1. (1) the final draft permit, including any special provisions or conditions;
   2. (2) the executive director's preliminary decision, or the executive director's decision on the permit application, if applicable;
   3. (3) the summary of the technical review of the permit application;
   4. (4) the compliance summary of the applicant;
   5. (5) copies of the public notices relating to the permit application, as well as affidavits of public notices; and
   6. (6) any agency document determined by the executive director to be necessary to reflect the administrative and technical review of the application.
2. (b) For purposes of referral to SOAH under §80.5 and §80.6 of this title (Referral to SOAH), the chief clerk's case file shall contain the administrative record as described in subsection (a) of this section.

Source Note:The provisions of this §80.118 adopted to be effective November 15, 2001, 26 TexReg 9105.