District Programs and Activities
SECTION 16. HEARINGS
RULE 16.1 TYPES OF HEARINGS: The Board shall conduct public hearings in accordance with established Board public hearing rules. A public hearing may be held on any matter within the jurisdiction of the Board if the Board or General Manager believes a hearing to be in the public interest, or necessary for completing the duties and responsibilities of the District. The Board shall conduct hearings for those matters prescribed by Chapter 36, Texas Water Code, which include, but are not limited to: 1) Rule-making, 2) Management Plan, and 3) Permits.
RULE 16.2 NOTICE AND SCHEDULING OF HEARINGS:
The General Manager or the Board shall provide notice of hearings in the following manner:
(a) No later than the 10th calendar day preceding the hearing:
(1) Post notice in a place readily accessible to the public in the District office.
(2) Provide notice to the County Clerk of each county in the District.
(3) Publish notice in one or more newspapers of general circulation within the District.
(4) Provide notice by mail, fax or e-mail to any person who has submitted a written request for notice of a hearing.
(b) Hearings may be scheduled during the District’s regular business hours, Monday – Friday of each week except District holidays.
(c) At the Board’s discretion, hearings may be held outside the District’s regular business hours Monday – Friday to accommodate special circumstances.
(d) Hearings will be held at the District office unless the Board specifies otherwise in the notice.
RULE 16.3 GENERAL RULES OF PROCEDURES FOR HEARINGS:
(a) Nature of Hearing: Hearings will be conducted in such manner as the Board deems most suitable to the particular case, and technical rules of legal and court procedure need not be applied. It is the purpose of the Board to obtain all the relevant and reliable information and testimony pertaining to the issue before it as conveniently, inexpensively, and speedily as possible without prejudicing the rights of either applicants or protestants
(b) Hearing Officer: The Board may authorize the President, a Director, or any individual acting on the Board's behalf to serve as a hearing officer and to conduct hearings for the Board. If a hearing is conducted by an officer, this officer shall present a written report of the hearing and recommendation to the Board. The hearing officer shall have the authority to administer oaths and to make all rulings necessary and appropriate to conduct the hearing.
(c) Who May Appear: Any interested party in a proceeding may appear either in person, or by attorney, or both in such proceedings. An interested party is a person owning a water right within the bounds of the District, or having such other justifiable interest, who is or may be affected by such proceeding. At the discretion of the Board anyone not a party at interest in a proceeding may appear.
(d) 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 speedily produced while preserving the substantial rights of the parties to the proceeding.
(e) 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, immaterial, or hearsay, the person conducting the hearing may forthwith terminate such line of interrogation.
(f) Stipulation: Evidence may be stipulated by agreement of all parties at interest.
(g) Limiting Number of Witnesses: The right is reserved to the Board or its hearing officer in any proceeding to limit the number of witnesses appearing whose testimony may be merely cumulative.
RULE 16.4 HEARINGS INVOLVING PROTESTS:
(a) Notice of Protest: In the event anyone should desire to protest or oppose any pending matter before the Board or a hearing officer, the person wishing to protest must file with the Board or hearing officer a written notice of protest or opposition on or before the date on which the application or matter has been set for hearing. For convenience, it is urged that protests be filed at least five (5) days before the hearing date.
(b) Protest Requirements: Protests shall be submitted in writing with a duplicate copy to the opposite party or parties and shall comply in substance with the following requirements:
(1) Each protest shall show the name and address of the protestant.
(2) The protestant shall identify any injury that will result from the proposed action or matter to be considered by the Board.
(3) If the protest is based upon claim of interference with some present right of protestant, it shall include a statement of the basis of protestant's claim of right.
(4) Protestant should call attention to any amendment of the application or adjustment which, if made would result in withdrawal of the protest.
(c) Contested Applications or Proceedings Defined: An application, appeal, motion, or proceeding pending before the Board is considered contested when either protestants or interveners, or both, files the notice of protest as above set out or appears at the hearing or proceeding and presents testimony or evidence in support of their contentions, or presents a question or questions of law regarding the application, motion, or proceeding. When neither protestants nor interveners so appear and offer testimony or evidence in support of their contentions, or raise a question of law with reference to any pending application, motion, or proceeding, the same shall be considered as non-contested.
(1) In the event of a contested hearing, each party shall furnish other parties to the proceeding with the copy of all motions, amendments, or briefs filed by him with the Board or examiners.
RULE 16.5 REQUEST FOR REHEARING:
An Applicant may request a rehearing before the Board not later than the 20th day after the date of the Board’s decision on any application for exception to the rules or on a contested matter.
(a) The request for a rehearing must be filed in the principal office of the District and must state the grounds for the request.
(b) If the Board grants a request for rehearing, the Board shall schedule the rehearing not later than the 45th day after the date the request is granted.
(c) The failure of the Board to grant or deny a request for rehearing before the 91st day after the date the request is submitted constitutes a denial of the request.
RULE 16.6 DECISION; WHEN FINAL:
A decision by the Board on an application for exception to the Rules or a contested matter hearing is final:
(a) on the expiration of the period for filing a request for rehearing, if a request for rehearing is not timely filed; or
(b) if a request for rehearing is timely filed, on the date:
(1)the Board denies the request for rehearing; or
(2)the Board renders a decision after rehearing.
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