Section 29.35 - Procedures for Commissioner Review of a Proposed Agency Action(a) The CMP coordinator shall, by certified mail or hand delivery, provide notice of the hearing at which the commissioner will review a proposed action to: (1) the agency proposing the action under review;(2) the applicant, if any, before the agency;(3) the person(s) filing the Request for Referral; and(4) if the action was the subject of a formal hearing under Government Code, Chapter 2001, before the agency, all persons who were named as parties to the proceeding or their representatives.(b) The notice to the applicant and the agency shall include a statement that no person may conduct activities authorized by the proposed agency action that would irreparably alter or damage the CNRA identified in the applicable policy.(c) In conducting reviews, the commissioner shall consider only:(1) the record before the agency proposing the action under review;(2) the agency's findings;(3) applicable laws and rules;(4) any additional information provided by that agency; and(5) the oral or written testimony of any person regarding the CMP as the testimony relates to the agency's proposed action under review. Notice of the period during which testimony will be received shall be published in the Texas Register and in a newspaper of general circulation in each county directly affected by the matter under review before the review period begins. The commissioner may reasonably limit the length and format of the testimony and the time at which it will be received.(d) If the agency did not hold a hearing, make a record, or make findings, the commissioner may hold a hearing and make findings necessary for a complete and thorough review.(e) The commissioner must consider and act on a matter referred before the 26th day after the date the agency proposed the action.(f) The commissioner may not review a consistency determination of the GLO, the commissioner, or the School Land Board. The commissioner shall refer a request for review of the consistency of an action by one of these entities to the attorney general not later than the second day after the date the commissioner receives the request. If the attorney general protests the action, such a protest has the same effect as a protest by the commissioner.31 Tex. Admin. Code § 29.35
The provisions of this §505.35 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; Amended by Texas Register, Volume 43, Number 39, September 28, 2018, TexReg 6453, eff. 10/7/2018; Entire chapter transferred from Title 31, Chapter 505 by Texas Register, Volume 47, Number 43, October 28, 2022, TexReg 7301, eff. 12/1/2022