(a) Except as provided in subsection (c) of this section, in all permit hearings, the record in a contested case includes, at a minimum, the following certified copies of documents:
  (1) the executive director's final draft permit, including any special provisions or conditions;
  (2) the executive director's preliminary decision, or the executive director's decision on the permit application, if applicable;
  (3) the summary of the technical review of the permit application;
  (4) the compliance summary of the applicant;
  (5) copies of the public notices relating to the permit application, as well as affidavits regarding public notices; and
  (6) any agency document determined by the executive director to be necessary to reflect the administrative and technical review of the application.
(b) For purposes of referral to the State Office of Administrative Hearings (SOAH) under §80.6 of this title (relating to Referral to SOAH), of applications filed before September 1, 2015, or applications not referred under Texas Water Code, §5.556 or §5.557, the chief clerk's case file shall contain the administrative record as described in subsection (a) of this section.
(c) In all hearings on permit applications filed on or after September 1, 2015, which are referred for hearing under Texas Water Code, §5.556 or §5.557, the administrative record in a contested case filed by the chief clerk with SOAH includes the following certified copies of documents:
  (1) the items in subsection (a)(1) - (6) of this section, including technical memoranda, that demonstrate the draft permit meets all applicable requirements and, if issued, would protect human health and safety, the environment, and physical property; and
  (2) the application submitted by the applicant, including revisions to the original submittal.
(d) For purposes of referral to SOAH under §80.6 of this title for hearings regarding permit applications filed on or after September 1, 2015, that are referred under Texas Water Code, §5.556 and §5.557, the applicant shall provide two duplicates of the original application, including all revisions to the application, to the chief clerk for inclusion in the administrative record in the format and time required by the procedures of the commission, no later than:
  (1) for applications referred by the commission, 10 days after the chief clerk mails the commission order; or
  (2) for applications referred by the applicant or executive director, 10 days after the chief clerk mails the executive director's response to comments.
(e) For purposes of referral to SOAH under §80.6 of this title for hearings regarding permit applications filed on or after September 1, 2015, that are referred under Texas Water Code, §5.556 and §5.557, the chief clerk shall file the administrative record with SOAH at least 30 days prior to the hearing.

Source Note: The provisions of this §80.118 adopted to be effective November 15, 2001, 26 TexReg 9105; amended to be effective December 31, 2015, 40 TexReg 9680; amended to be effective May 14, 2020, 45 TexReg 3087