(a) A hearing must be held under §51.187 of the Texas Natural Resources Code if both of the following conditions exist:      
        (1) a necessary party has properly filed an exception to the survey or the application under §13.43 or §13.48(b) of this title (relating to Necessary Party Exceptions to Survey or Vacancy Application or Completion of Survey by Appointed Surveyor) and the commissioner has not issued a final order finding "Not Vacant Land" prior to the first anniversary of the application commencement date; and       
        (2) the chief surveyor has determined after the investigation under §13.44 of this title (relating to Investigation of Vacancy Application) that a vacancy may exist.       
      (b) If a hearing is required, the commissioner shall order a hearing to determine whether a vacancy exists following the completion of the investigation. The agency shall provide notice of the hearing order to each necessary party that requested continuation of notices by regular mail and by certified mail, return receipt requested, within thirty (30) days of the date of the order.     
      (c) The hearing shall be held not later than sixty (60) days following the date of the hearing order.     
      (d) A vacancy hearing will be conducted as a contested case hearing under the rules of Chapter 2 of this title (relating to Rules of Practice and Procedure).     
     Source Note:        The provisions of this §13.52 adopted to be effective February 22, 2011, 36 TexReg 1154