(a) The executive director may separate the applications for processing at any time after the issuance of any notice of opportunity to request a hearing, but before referral of the matter to SOAH, upon demonstration of good cause by the applicant. For purposes of this section, good cause includes, but is not limited to:
  (1) a change in the statutory or regulatory requirements governing a permit; or
  (2) a substantial change in the factual circumstances surrounding the applications for permits.
(b) An applicant shall file the request for separate processing with the executive director and provide copies to affected program offices. The request shall include the following:
  (1) the applicant's name;
  (2) a list of the applications to be separated; and
  (3) the demonstration of good cause.
(c) Upon determination by the executive director that there is good cause for the separate processing of permit applications, the chief clerk shall notify anyone who submitted comment or a hearing request on any combined notice of the executive director's decision. The applicant shall re-notice the separate applications in accordance with applicable commission notice requirements.
(d) Any hearing requests received on the consolidated applications before the applicant requested separate processing shall be held by the chief clerk. The chief clerk shall process those requests along with all additional comments and hearing requests received for each of the separate applications after those applications are re-noticed under subsection (c) of this section.

Source Note: The provisions of this §33.49 adopted to be effective December 10, 1998, 23 TexReg 12406.