16 Tex. Admin. Code § 12.223 - Judicial Review
(a) Right to
appeal. Any applicant or any person with an interest which is or may be
adversely affected and who has participated in the administrative proceedings
as an objector shall have the right to appeal as provided in subsection (b) of
this section, if:
(1) the applicant or person
is aggrieved by the decision of the Commission in an administrative review
proceeding conducted pursuant to §
12.222 of this title (relating to
Administrative Review); or
(2) the
Commission fails to act within time limits specified in the Act or this
subchapter (relating to Surface Coal Mining and Reclamation Operations Permits
and Coal Exploration Procedures Systems).
(b) State programs.
(1) Action of the Commission shall be subject
to judicial review as provided for in the APA, but the availability of such
review shall not be construed to limit the operation of the rights established
in §§134.182-134.187 of the Act.
(2) Trial in the District Court shall be on
the Administrative Record.
Notes
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