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Shannon Ridge

What happens after a TCEQ Public Meeting

 This is a condensed version of the 4-page TCEQ document attached in PDF format.

After the public comment period closes, the Executive Director (ED) considers all timely filed comments to determine whether any issues that were raised require changes to the preliminary decision or the proposed permit, and prepares a written response to all relevant comments. The ED’s response and decision are sent to the mailing list, including all commenters. This response provides a final 30-day period to request a contested case hearing

Protesting the ED’s Decision

Once the decision has been released by the ED, in many cases there are still three possible ways to contest it.

You can:

• Request a contested case hearing
• Request its reconsideration
• Move to overturn it

 The agency must receive the request for a hearing within 30 days of the date of the decision letter, which is mailed out by the chief clerk.

To help the TCEQ determine the number and scope of issues to be referred to a hearing, the requester should, to the extent possible, specify any of the ED’s responses to comments that the requester disputes and the factual basis of the dispute, and list any disputed issues of law.

Request for Reconsideration

In addition, after the decision letter has been mailed, any person may file a request for reconsideration, which asks the TCEQ commis­sioners to reconsider the ED’s decision. The request should include the requester’s name, address, and phone number, and why the requester believes the decision should be reconsidered. The request for reconsideration must be received by the Chief Clerk no later than 30 days after the date of the decision letter.

Review of Requests for Reconsideration and Contested Case Hearings

All timely filed requests for contested case hearings are considered at the TCEQ commissioners’ agenda meetings. Timely filed requests for reconsideration may also be considered at these meetings. At these meetings, the commissioners decide whether they will grant or deny the requests. In making their decision, they consider public comments and requests, briefs, the ED’s response to comments, and applicable statutes and rules. Therefore, it is very important that requesters fully explain—in written comments and responses to briefs—their reasons that an application should not be approved. Oral comments are not accepted at agenda meetings unless so specified by the commis­sioners, and requesters are not required to attend. However, the commissioners may ask questions of the requesters (if present), the applicant, or TCEQ personnel.

If the commissioners decide to grant a request for a contested case hearing, the case is referred to the State Office of Administrative Hearings (SOAH) – which is like a judicial trial, with lawyers and expert witnesses – with a list of issues to be considered at the hearing. At the conclusion of the SOAH hear­ing, the judge issues a proposal for decision, which is submitted to the TCEQ for formal consideration. The commissioners then approve, deny, or modify the proposal for decision.

At any stage of the process the option of alternative dis­pute resolution, or ADR, is available to determine whether a mutually agreeable settlement is possible. The TCEQ has dis­pute-resolution attorneys dedicated to facilitating mediation.

If the dispute can be settled through mediation, there may be no need to continue with the administrative process. If the dispute is not resolved in this fashion, the parties can still proceed to the SOAH hearing.