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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 12COAL MINING REGULATIONS
SUBCHAPTER LPERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES
DIVISION 1COMMISSION INSPECTION AND ENFORCEMENT
RULE §12.675Review 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.


Source Note: The provisions of this §12.675 adopted to be effective April 7, 1997, 22 TexReg 3093.

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