(a) To seek commissioner review of a proposed agency action listed in §29.11(a) of this chapter (relating to Actions and Rules Subject to the Coastal Management Program), a person described in §29.32(a)(2) of this chapter (relating to Requirements for Referral of a Proposed Agency Action) must file a written Request for Referral with the CMP coordinator. The request must be filed no later than ten days after the agency has proposed the action for which consistency review is sought.     
      (b) The Request for Referral shall include:      
        (1) the names, addresses, and signatures of all persons joining in the request;       
        (2) a certificate of service indicating that copies of the request have been provided by hand delivery or certified mail to:                  (A) the agency proposing the action for which review is sought;                   (B) the applicant, if any, before the agency; and                   (C) if the proposed action was the subject of a formal hearing under Government Code, Chapter 2001, all persons who were named as parties to the proceeding or their representatives;         
        (3) a description of the proposed action for which review is sought indicating the date of the agency's proposed action and a copy of the proposed order, permit, or other official agency decision document;       
        (4) a statement demonstrating, by reference to the requirements of §29.32 of this chapter, that the proposed action is subject to referral; and       
        (5) a clear and concise statement of the significant unresolved dispute regarding the proposed action's consistency with the CMP goals and policies, including specific reference to the applicable goals and policies and to the applicable facts in the agency's decision record.       
     Source Note:        The provisions of this §29.33 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675