(a) If the responsible officials disagree with a Commission action and have exhausted all remedies under §297.13 of this title (relating to Review of Commission Action), the officials may request, within 15 days after the date thereof, an administrative hearing under Chapter 301 of this title (relating to Rules of Practice in Contested Cases), upon the determination of matters of fact or law with which they disagree.
(b) The request for hearing shall be effective if post marked within 15 days from the date of the remedial order or action on application for variance, or if it is otherwise received by the Commission within such 15-day time period. The request for hearing shall be directed to the chairman of the Commission and shall contain the following statements:
  (1) the legal authority and jurisdiction under which the hearing should be held;
  (2) the particular statutes, sections of statutes, and rules involved;
  (3) a short, plain recital of the errors of fact or law for which review is sought, stating in detail the facts justifying the amendment or reversal of the order or action of the Commission; and
  (4) the name and address of the person or representative to whom notices or other written communications shall be directed, and the name and address of the person or representative who will appear at the hearing and the name and address of the person or persons on whose behalf he will appear.
(c) A request for hearing, if not made in the time and manner herein provided, shall be deemed waived, and in such event the remedial order or action on application for variance of the Commission shall become final.
(d) Upon the receipt of a timely request for hearing, the Commission shall request a hearing be scheduled by the State Office of Administrative Hearings.
(e) If the administrative law judge issues a proposal for decision indicating the Commission action is justified, the administrative law judge shall include in the proposal a finding of the costs, fees, expenses, and reasonable and necessary attorney's fees the state and Commission incurred in bringing the proceeding. The board may adopt the finding for costs, fees, and expenses and make the finding a part of the final order entered in the proceeding. Proceeds collected from a finding made under this subsection shall be paid to the Commission.

Source Note: The provisions of this §297.14 adopted to be effective December 4, 2022, 47 TexReg 8043