(a) If all necessary parties that can be located enter into an agreement with the commissioner that a hearing required by §13.52 of this title (relating to Findings that Require Hearing) may be waived, no hearing is required.
(b) After the chief surveyor determines that a vacancy may exist, the agency may send a waiver agreement to each necessary party that can be located, stating that the commissioner and the necessary party agree that the hearing requirement may be waived. Upon receipt of signed waiver agreements from each necessary party that can be located, the commissioner shall complete the work necessary to issue a final order.

Source Note: The provisions of this §13.53 adopted to be effective February 22, 2011, 36 TexReg 1154