Texas Utilities Code - UTIL § 15.106. Hearing

(a) Chapter 2001, Government Code, does not apply to the issuance of a cease and desist order under this subchapter without a hearing.  A hearing conducted before or after issuance of an order under this subchapter is a contested case under Chapter 2001, Government Code.

(b) If the commission issues an order under this subchapter without a hearing, the person affected by the order may request a hearing to affirm, modify, or set aside the order.  A request must be submitted not later than the 30th day after the date the person receives the order.  The commission shall set the hearing for a date that is:

(c) At or following the hearing, the commission shall wholly or partly affirm, modify, or set aside the order.  If the person affected by an order does not request a hearing in the manner provided by Subsection (b) and the commission does not hold a hearing on the order, the order is affirmed without further action by the commission.

(d) The commission may hold a hearing under this subchapter or may authorize the State Office of Administrative Hearings to hold the hearing.