Texas Water Code
§ 36.4165 — FINAL DECISION; CONTESTED CASE HEARINGS
WA § 36.4165Title 2. WATER ADMINISTRATION · Part E. GROUNDWATER MANAGEMENT · Ch. 36. GROUNDWATER CONSERVATION DISTRICTS · Art. M. PERMIT AND PERMIT AMENDMENT APPLICATIONS;
Statute text
View on source(a)In a proceeding for a permit application or amendment in which a district has contracted with the State Office of Administrative Hearings for a contested case hearing, the board has the authority to make a final decision on consideration of a proposal for decision issued by an administrative law judge.
(b)A board may change a finding of fact or conclusion of law made by the administrative law judge, or may vacate or modify an order issued by the administrative judge, only if the board determines:
(1)that the administrative law judge did not properly apply or interpret applicable law, district rules, written policies provided under Section 36.416(e), or prior administrative decisions;
(2)that a prior administrative decision on which the administrative law judge relied is incorrect or should be changed; or
(3)that a technical error in a finding of fact should be changed.
(c)A final decision issued by the board under this section must be in writing and must either adopt the proposed findings of fact and conclusions of law as proposed by the administrative law judge or include revised findings of fact and conclusions of law consistent with Subsection (b).
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Legislative history
Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 10, eff. June 10, 2015. Acts 2023, 88th Leg., R.S., Ch. 436 (H.B. 1971), Sec. 7, eff. June 9, 2023.