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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 7RAIL FACILITIES
SUBCHAPTER DRAIL SAFETY
RULE §7.42Administrative Review

(a) Applicability. This section applies only when another section makes a specific reference to this section.

(b) Application.

  (1) A railroad shall submit an application for administrative review to the following address: Director, Rail Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701.

  (2) The application shall explain the relief requested, all relevant facts, and the legal basis for the relief sought.

  (3) If the application seeks review of a department decision given to the railroad in writing, the railroad shall submit an application for review no later than 30 days after receipt of the written decision.

(c) Decision. The executive director, or his designee not below division director, shall decide whether to grant, grant in part, or deny the application. If an applicant does not provide information sufficient to evaluate the application, the application shall be denied. The applicant is not entitled to a contested case hearing, and there is no right to appeal the decision.


Source Note: The provisions of this §7.42 adopted to be effective January 5, 2006, 30 TexReg 8993; amended to be effective April 1, 2011, 36 TexReg 1690; amended to be effective July 15, 2015, 40 TexReg 4462; amended to be effective June 17, 2020, 45 TexReg 4057

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