Sec. 5.228. APPEARANCES AT HEARINGS. (a) The position of and information developed by the commission shall be presented by the executive director or his designated representative at hearings of the commission and the hearings held by federal, state, and local agencies on matters affecting the public's interest in the state's environment and natural resources, including matters that have been determined to be policies of the state. (b) The executive director shall be named a party in hearings before the commission in a matter in which the executive director bears the burden of proof. (c) The executive director shall participate as a party in contested case permit hearings before the commission or the State Office of Administrative Hearings to: (1) provide information to complete the administrative record; and (2) support the executive director's position developed in the underlying proceeding, unless the executive director has revised or reversed that position. (d) In a contested case hearing relating to a permit application, the executive director or the executive director's designated representative may not rehabilitate the testimony of a witness unless the witness is a commission employee. (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1021, Sec. 10.04, eff. September 1, 2011. (f) The fact that the executive director is not named as a party in a hearing before the commission is not grounds for appealing a commission decision.
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