The commission may take action on an application requiring public notice at a regular meeting, without holding a contested case hearing, provided:
  (1) at least 30 days prior to the regular meeting at which action is taken, notice of the application has been given by publication and by mail and:
    (A) no person has requested a contested case hearing within 30 days of the publication of notice or within any extension of that period authorized by the commission; or
    (B) the commission has denied all timely filed hearing requests for failing to meet applicable requirements; and
  (2) no commissioner has submitted a request for a contested case hearing within the 30-day period after publication of the notice or requests a contested case hearing at the regular meeting of the commission at which action on the application could be taken according to such notice.

Source Note: The provisions of this §295.173 adopted to be effective May 28, 1986, 11 TexReg 2326; amended to be effective August 31, 2006, 31 TexReg 6751