16 Tex. Admin. Code § 12.673 - Citizens' Requests for Inspections
(a)
A citizen may request an inspection under §
12.670(e) of
this title (relating to Inspections by the Commission), by furnishing to an
authorized representative of the Commission a signed, written statement (or an
oral report followed by a signed, written statement) giving the authorized
representative reason to believe that a violation, condition, or practice
referred to in §
12.670(e)(1) of
this title (relating to Inspections by the Commission) exists and setting forth
a phone number and address where the citizen can be contacted.
(b) The identity of any person supplying
information to the Commission relating to a possible violation or imminent
danger or harm shall remain confidential with the Commission, if requested by
that person, unless that person elects to accompany the inspector on the
inspection.
(c) If an inspection is
conducted as a result of information provided to the Commission by a citizen as
described in subsection (a) of this section, the citizen shall be notified as
far in advance as practicable when the inspection is to occur and shall be
allowed to accompany the authorized representative of the Commission during the
inspection. Such person has a right of entry to, upon and through the coal
exploration or surface coal mining and reclamation operation about which he or
she supplied information, but only if he or she is in the presence of and is
under the control, direction and supervision of the authorized representative
while on the mine property. Such right of entry does not include a right to
enter buildings without consent of the person in control of the building or
without a search warrant.
(d)
Within 10 days of the inspection or, if there is no inspection, within 15 days
of receipt of the citizen's written statement, the Commission shall send the
citizen the following:
(1) if an inspection
was made, a description of the enforcement action taken, which may consist of
copies of the inspection report and all notices of violation and cessation
orders issued as a result of the inspection or an explanation of why no
enforcement action was taken;
(2)
if no inspection was conducted, an explanation of the reason why; and
(3) an explanation of the citizen's right, if
any, to informal review of the action or inaction of the Commission under
§
12.675 of this title (relating to
Review of Decision Not to Inspect or Enforce).
(e) The Commission shall give copies of all
materials in subsections (d)(1) and (2) of this section, within the time limits
specified in those subsections, to the person alleged to be in violation,
except that the name of the citizen shall be removed unless disclosure of the
citizen's identity is permitted under subsection (b) of this section.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.