- (a) Within 10 days after a complete application has been accepted for filing, the commissioner shall set a date for a hearing on the application, which date shall not be more than 90 days after the date the application is accepted for filing. A decision to approve or deny the application will be rendered in accordance with the timetable set out in the Administrative Procedure and Texas Register Act (Texas Civil Statutes, Article 6252-13a).
- (b) The purpose of the hearing shall be to accumulate a record of all pertinent information, testimony, records, reports, and other data in favor of, or opposed to, the application upon which the commissioner shall make his determination of whether the application should be granted or denied. The commissioner may, in his discretion, make an independent investigation of matters raised in the hearing and, in the event he desires to base his decision on any evidence disclosed by such investigation which is not a part of the official record, he shall make the results of such investigation a part of the official record of the hearing and permit all parties to the hearing an opportunity to be heard in respect thereto by reopening the hearing, if necessary. This shall be done within 30 days after the date of the original hearing.
- (c) If any material change occurs in the facts set forth in, or if the applicant files any amendment of, the application filed with the commissioner under the provisions of this chapter, the amendment setting forth such change, together with copies of documents or other material relevant to such change shall be filed with the commissioner no less than 10 days prior to the date of the hearing. Any amendment filed fewer than 10 days prior to the date of the hearing shall be accepted only at the discretion of the hearing officer and the hearing officer may, upon motion of any interested party having filed notice of intention to appear at said hearing, postpone or delay the hearing to a later date if it appears that such amendment materially alters the application on file, provided, however, no additional publication of the date of such hearing shall be required.
Source Note:The provisions of this §75.2 adopted to be effective September 23, 1993, 18 TexReg 6094.