When conducting a review of a proposed rule under §5.207 of this subchapter or deciding whether to direct a state agency to submit a proposed rule to the division under §5.204(a)(2) of this subchapter, the division may only consider information or communications that are:
  (1) submitted to the division in writing from an identified person and made available to the public;
  (2) submitted in a public hearing; or
  (3) generally known to the public.

Source Note: The provisions of this §5.212 adopted to be effective October 14, 2020, 45 TexReg 7237