16 Tex. Admin. Code § 12.81 - Procedures: Hearing Requirements
(a)
Within 10 months after receipt of a complete petition, the Commission shall
hold a public hearing in the locality of the area covered by the petition. If
all petitioners and intervenors agree, the hearing need not be held. The
Commission may subpoena witnesses as necessary. The hearing may be conducted
with cross-examination of expert witnesses only. A record of the hearing shall
be made and preserved according to state law. No person shall bear the burden
of proof or persuasion. All relevant parts of the data base and inventory
system and all public comments received during the public comment period shall
be included in the record and considered by the Commission in its decision on
the petition.
(b) The following
notice requirements shall apply:
(1) the
Commission shall give notice of the date, time, and location of the hearing to:
(A) local, state and federal agencies which
may have an interest in the decision on the petition;
(B) the petitioner and intervenors;
and
(C) any person known by the
Commission to have a property interest in the petitioned area. Proper notice to
persons with an ownership interest of record shall be accomplished by placing a
postage paid notice, addressed as shown in the public record, in the U.S. mail;
and
(2) notice of the
hearing shall be sent by certified mail to petitioners and intervenors, and by
regular mail to government agencies and property owners involved in the
proceeding, and postmarked not less than 30 days before the scheduled date of
the hearing.
(c) The
Commission shall notify the general public of the date, time, and location of
the hearing by placing a newspaper advertisement once a week for 2 consecutive
weeks in the locale of the area covered by the petition and once during the
week prior to the scheduled date of the public hearing. The consecutive weekly
advertisement must begin between 4 and 5 weeks before the scheduled date of the
public hearing.
(d) The Commission
may consolidate in a single hearing the hearings required for each of several
petitions which relate to areas in the same locale.
(e) Prior to designating any land areas as
unsuitable for surface mining operations, the Commission shall prepare a
detailed statement using existing and available information on the potential
coal resources of the area, the demand for coal resources, and the impact of
such designation on the environment, the economy, and the supply of
coal.
(f) In the event that all
petitioners and intervenors stipulate agreement prior to the hearing, the
petition may be withdrawn from consideration.
Notes
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