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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 12COAL MINING REGULATIONS
SUBCHAPTER FLANDS UNSUITABLE FOR MINING
DIVISION 4PROCESS FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS
RULE §12.82Procedures: Decision

(a) In reaching its decision, the Commission shall use:

  (1) the information contained in the data base and inventory system;

  (2) information provided by other governmental agencies;

  (3) the detailed statement when it is prepared under §12.81(e) of this title (relating to Procedures: Hearing Requirements); and

  (4) any other relevant information submitted during the comment period.

(b) A final written decision shall be issued by the Commission, including a statement of reasons, within 60 days of completion of the public hearing, or, if no public hearing is held, then a final written decision shall be issued within 12 months after receipt of the complete petition. The Commission shall simultaneously send the decision by certified mail to the petitioner and intervenors and by regular mail to all other persons with an ownership interest of record and persons known to the Commission to have an interest in the property as evidenced by the hearing registration forms.

(c) The decision of the Commission with respect to a petition, or the failure of the Commission to act within the time limits set forth in this section, shall be subject to judicial review by a court of competent jurisdiction. All relevant portions of the data base, inventory system, and public comments received during the public comment period set by the Commission shall be considered and included in the record of the administrative proceeding.


Source Note: The provisions of this §12.82 adopted to be effective April 7, 1997, 22 TexReg 3093.

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