The provisions of Chapter 281 of this title (relating to Applications Processing) notwithstanding, in the event that the executive director has not forwarded to the commission a memorandum recommending approval or disapproval of any application or request required or permitted under this chapter within 90 days after receipt thereof, the petitioner may request that the commission immediately consider such matter on the basis of the materials and data on file with the commission. Within 19 days after the filing of the request, the commission shall hold a hearing on the request. If the commission determines that sufficient material and data have been provided, the commission shall direct the executive director to present to the commission a complete memorandum on the application within 10 days. If the commission determines that sufficient material and data have not been provided, the commission shall specify the additional information and material to be submitted by petitioner. An order directing the executive director to prepare the memorandum shall in no way prejudice the action which the commission may take on the merits of the application.

Source Note: The provisions of this §293.5 adopted to be effective September 5, 1986, 11 TexReg 3732; amended to be effective June 5, 1998, 23 TexReg 5715.