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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 12COAL MINING REGULATIONS
SUBCHAPTER GSURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS
DIVISION 11REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS
RULE §12.212Notice of Public Hearing on Application

(a) The Commission shall publish notice of the public hearing in a local newspaper of general circulation in the locality of the proposed surface coal mining and reclamation operations at least once a week for three consecutive weeks prior to the scheduled hearing date.

(b) The notice shall contain the following information:

  (1) the name and address of the applicant;

  (2) the date, time and nature of the hearing;

  (3) a statement of the legal authority and jurisdiction under which the hearing is to be held; and

  (4) a short and plain statement of the matters asserted.

(c) The Commission shall mail the same notice to the applicant and to all persons who have expressed by written notification to the Commission an interest in the pending permit application.

(d) In case the Commission determines that a material error is made in the notice of a public hearing, or that a material change is made in an application after notice has been issued, the Commission shall cause revised notice to be issued. If the material change or error affecting the content of the notice does not come to the attention of the Commission in sufficient time to make the correction in each of the newspaper publications, the Commission shall reschedule the hearing and/or appropriately readjust the time limitation schedules provided in this section. If the change or error requiring the revised notice is that of an applicant for a permit of an amendment, the expense thereof shall be borne by that person; and, if the change or error is made by the agency, the agency will bear the expense.


Source Note: The provisions of this §12.212 adopted to be effective April 7, 1997, 22 TexReg 3093.

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