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Texas Water Code - WATER § 36.418. Rules;  Contested Case Hearings;  Applicability of Administrative Procedure Act

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A district may adopt rules establishing procedures for contested hearings consistent with Subchapters C, D, and F, Chapter 2001, Government Code, including the authority to issue a subpoena, require a deposition, or order other discovery.

(b) Except as provided by this section and Sections 36.416 and 36.4165, Chapter 2001, Government Code, does not apply to a hearing under this subchapter.

(c) The district shall adopt rules to:

(1) establish a procedure for preliminary and evidentiary hearings;

(2) allow the presiding officer, at a preliminary hearing by the district and before a referral of the case to the State Office of Administrative Hearings, to determine a party's right to participate in a hearing according to Section 36.415(b)(2);  and

(3) set a deadline for a party to file a request to refer a contested case to the State Office of Administrative Hearings under Section 36.416.

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Cite this article: FindLaw.com - Texas Water Code - WATER § 36.418. Rules;  Contested Case Hearings;  Applicability of Administrative Procedure Act - last updated January 01, 2024 | https://codes.findlaw.com/tx/water-code/water-sect-36-418/

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