The commission shall set aside a proposed or issued order if it is not shown, in accordance with §35.807 of this title (relating to Affirmation of an Emergency Order) or §35.808 of this title (relating to Modification of an Emergency Order), that the order should be either affirmed or modified and adopted as modified.

Source Note: The provisions of this §35.809 adopted to be effective December 10, 1998, 23 TexReg 12413.