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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 13TEXAS COMMISSION ON FIRE PROTECTION
CHAPTER 401ADMINISTRATIVE PRACTICE AND PROCEDURE
SUBCHAPTER AGENERAL PROVISIONS AND DEFINITIONS
RULE §401.1Purpose and Scope

(a) Purpose. The purpose of this chapter is to provide a system of procedures for practice before the Texas Commission on Fire Protection that will promote the just and efficient disposition of proceedings and public participation in the decision-making process. The provisions of this chapter shall be given a fair and impartial construction to attain these objectives.

(b) Scope.

  (1) This chapter shall govern the initiation, conduct, and determination of proceedings required or permitted by law in matters regulated by the commission, whether instituted by order of the commission or by the filing of an application, complaint, petition, or any other pleading.

  (2) This chapter shall not be construed so as to enlarge, diminish, modify, or otherwise alter the jurisdiction, powers, or authority of the commission, its staff, or the substantive rights of any person.

  (3) This chapter shall not apply to matters related solely to the internal personnel rules and practices of this agency.

  (4) To the extent that any provision of this chapter is in conflict with any statute or substantive rule of the commission, the statute or substantive rule shall control.

  (5) In matters referred to the State Office of Administrative Hearings (SOAH), hearings or other proceedings are governed by 1 TAC Chapter 155 (relating to Rules of Procedures) adopted by SOAH effective January 2, 1998. To the extent that any provision of this chapter is in conflict with SOAH Rules of Procedures, the SOAH rules shall control.


Source Note: The provisions of this §401.1 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective June 28, 2011, 36 TexReg 3936

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