A.
Any person whose
application is denied, whose contest is overruled or who is not granted
the relief desired, may file with the Board a motion for rehearing
within fifteen (15) days from the announcement by the Board of its
decision or action. The motion for rehearing shall contain:
1.
The name and
representational capacity of the person(s) filing the motion;
2.
The date of decision
or order of the Board; and
3.
A concise statement
of each allegation of error.
On or
before the date of filing the motion for rehearing, a copy of the motion
shall be mailed or delivered to all parties to the proceeding which is
the subject of the motion. Failure to file the motion for rehearing with
the prescribed fifteen (15) day period constitutes a waiver of any right
to a rehearing and the Board action thereupon is final.
B.
Upon the request of
any Board member, the motion for rehearing will be scheduled for
consideration during the next regularly scheduled Board meeting. Unless
the Board extends time, or rules on the motion within forty-five (45)
days of the original Board decision, the motion is overruled by
operation of law.
C.
A motion for
rehearing may be granted in whole or in part. When a motion for
rehearing is granted, the decision, order or permit is nullified. The
Board may reopen the hearing to the extent it deems necessary and,
thereafter, the Board shall render a decision as required by these
Rules.
The decision of the Board on any
matter contained herein may be reconsidered on its own motion, or upon
motion of any person, alleging changed conditions, or upon the discovery
of new or different conditions or facts after the hearing or decision on
such matter. If the Board should decide to reconsider a matter after
having announced a ruling or decision, or after having finally granted
or denied the application, it shall give notice to persons who were
proper parties to the original action. All such persons shall be
entitled to a hearing thereon if they file a request therefore within
fifteen (15) days from the date of the mailing of such notice.
A.
Hearings will be
conducted with such notice and in such manner as the Board deems most
suitable, and technical rules of legal and court procedure need not be
applied. It is the purpose of the Board to obtain all the relevant
information and testimony pertaining to the issue before it as
conveniently, inexpensively and expeditiously as possible without
prejudicing the rights of applicants, protestants or other interested
parties.
B.
WHO MAY APPEAR: Any
interested party may appear either in person or by attorney or both in
such proceeding.
C.
ADMISSIBILITY:
Evidence will be admitted if it is of that quality upon which reasonable
persons are accustomed to rely in the conduct of serious affairs. It is
intended that needful and proper evidence shall be conveniently,
inexpensively and promptly produced while preserving the substantial
rights of the parties to the proceeding.
D.
TESTIMONY SHALL BE
PERTINENT: The testimony shall be confined to the subject matter
contained in the application or contest. In the event that any party at
a hearing shall pursue a line of testimony or interrogation of a witness
that is clearly irrelevant, incompetent or immaterial, the person
conducting the hearing may terminate such line of interrogation.
E.
STIPULATION: Evidence
may be stipulated by agreement of all parties at interest.
F.
LIMITING NUMBER OF
WITNESSES: In any proceeding, the Board may limit the number of
witnesses appearing whose testimony is cumulative.
A.
COMPUTING TIME: In
computing any period of time prescribed or allowed by these Rules, by
Order of the Board, or by any applicable statute, the period shall begin
on the first day following the day of the act, event, or event of
default in question occurs, and shall conclude on the last day of that
period, unless the last day falls on a Saturday, Sunday or legal holiday
on which the District Office is closed, in which event the period runs
until the end of the next day which is neither a Saturday. Sunday, nor a
legal holiday on which the District Office is closed.
B.
TIME LIMIT:
Applications, requests, or other papers or documents required or
permitted to be filed under these Rules or by law must be received for
filing at the District Office within the time limit, if any, for such
filing. The date of receipt and not the date of posting shall be
determinative.
C.
SHOW CAUSE ORDERS AND
COMPLAINTS: The Board, either on its own motion or upon receipt of
sufficient written protest or complaint, may at any time, after due
notice to all interested parties, cite any person(s) operating within
the District to appear before it and require him to show cause why his
operating authority or permit should not be suspended, canceled, revoked
or otherwise restricted and or limited, for failure to comply with the
Rules or Orders of the Board, or any relevant rule (s), regulation(s) or
statute(s) of any local, state or federal governmental body of competent
jurisdiction. The matter of evidence and all other procedural matters at
any such hearing will be conducted in accordance with these Rules of
procedure and practice.
D.
SAVINGS CLAUSE: If
any section, sentence, paragraph, clause, or part of these Rules should
be held or declared invalid for any reason by a final judgment of the
courts of this state or of the United States, such decision or holding
shall not affect the validity of the remaining portions of these Rules,
and the Board does hereby declare that it would have adopted and
promulgated such remaining portions of such Rules irrespective of the
fact that any other sentence, section, paragraph, clause, or part
thereof may be declared invalid.
E.
The Board shall have
the right to revise or restructure, after due public notice, any portion
of these Rules it deems necessary.
All Rules duly adopted, promulgated
and published by this District shall be enforced as provided for under
Chapter 36, Texas Water Code and subsequent changes thereto.
A.
The District may
enforce Chapter 36, Texas Water Code and its Rules by injunction,
mandatory injunction, or other appropriate remedy in a court of
competent jurisdiction.
B.
The Board may set
reasonable civil penalties for breach of any rule of the District
pursuant to which penalty shall not exceed $10,000.00 per day, per
violation and each day of continuing violation constitutes a separate
violation.
C.
A penalty under
Chapter 36, Texas Water Code, or the District’s Rules is in addition to
any other penalty provided by the law of this state and may be enforced
by complaints filed in a court of competent jurisdiction in Caldwell or
Hays County.
D.
If the District
prevails in any suit to enforce its Rules, it may, in the same action,
recover reasonable fees for attorneys, expert witnesses, and other costs
incurred by the District before the court. The amount of the attorney’s
fees shall be fixed by the court.
These
Rules are adopted at a duly noticed, public meeting of the Board of
Directors of the Plum Creek Conservation District held on December 16,
2003, at the District’s Offices in Lockhart, Caldwell County, Texas, to
become effective on January 1, 2004.
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