16 Tex. Admin. Code § 12.675 - Review of Decision Not To Inspect or Enforce
(a) Any person who is or may be adversely
affected by a coal exploration or surface coal mining and reclamation operation
may ask the Commission to review informally an authorized representative's
decision not to inspect or take appropriate enforcement action with respect to
any violation alleged by that person in a request for inspection under §
12.673 of this title (relating to
Citizens' Requests for Inspections). The request for review shall be in writing
and include a statement of how the person is or may be adversely affected and
why the decision merits review.
(b)
The Commission shall conduct the review and inform the person, in writing, of
the results of the review within 30 days of his or her receipt of the request.
The person alleged to be in violation shall also be given a copy of the results
of the review, except that the name of the citizen shall not be disclosed
unless confidentiality has been waived or disclosure is required.
(c) Informal review under this section shall
not affect any right to formal review under §§134.058-134.064 of the
Act or to a citizen's suit under §§134.182-134.187 of the
Act.
Notes
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