(a) The licensee shall file an application with the executive director to establish new or revised maximum disposal rates that consider the factors identified in §336.1307 of this title (relating to Factors Considered for Determination of Maximum Disposal Rates). The application shall include exhibits, workpapers, summaries, annual reports, cost studies, a proposed reasonable rate of return on invested capital, proposed fees, and other information as requested by the executive director to demonstrate rates that meet the requirements of this subchapter. In addition, the application shall include revenue requirements for cost recovery from the compact waste disposal facility.
  (1) The licensee shall submit a rate filing application package in accordance with the application prescribed by the executive director.
  (2) A licensee filing a rate application shall be prepared to go forward at the hearing on the data which has been submitted in its application and sustain the burden of proof establishing that its proposed changes are just and reasonable. The data in the rate application may be modified only on a showing of good cause.
  (3) After receipt of the application, the executive director shall review the application and evaluate the rate information. The executive director may request additional information from the licensee and the licensee shall provide that information within 20 days of receipt of request, unless a different time is agreed to.
  (4) If the licensee fails to provide, within a reasonable time after the application is filed, the necessary documentation or other evidence that supports the costs and expenses that are shown in the application, the commission may disallow the unsupported costs or expenses.
  (5) The licensee shall provide notice of the application to all known customers that will ship or deliver waste to the compact waste disposal facility and shall provide notice of the application to any person by any method as directed by the executive director. The licensee shall file with the commission proof of notice in the form of an affidavit stating that proper notice was mailed and the date of such mailing.
  (6) The executive director shall maintain a Web site to inform the public on the process for consideration of the rate application and shall provide notice of the licensee's proposed rates by publication in the Texas Register.
(b) After notice and the opportunity for a contested case hearing, the commission shall establish the maximum disposal rates that may be charged by the licensee. Upon request for a contested case hearing by a party state generator, the executive director shall directly refer an application to establish maximum disposal rates to the State Office of Administrative Hearings for a contested case hearing. Only the executive director, the licensee, or a party state generator has a right to a contested case hearing.
(c) A request for a contested case hearing filed by a party state generator shall contain the following information for each signatory generator:
  (1) a clear and concise statement that the application is a request for a contested case hearing; and
  (2) the generator's licensing numbers indicating the location or locations where the compact waste is generated.
(d) Party state generators must initiate a request for a contested case hearing by filing individual requests rather than joint requests.
(e) After determining the new or revised maximum disposal rates and inflation adjustment under this subchapter, the commission shall direct the executive director to initiate expedited rulemaking to establish the rate by rule.

Source Note: The provisions of this §336.1309 adopted to be effective March 12, 2009, 34 TexReg 1688; amended to be effective November 8, 2018, 43 TexReg 7357