Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 12 - COAL MINING REGULATIONS
Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS
Division 12 - ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS BY THE COMMISSION ON PERMIT APPLICATIONS
Section 12.223 - Judicial Review
Universal Citation: 16 TX Admin Code § 12.223
Current through Reg. 50, No. 13; March 28, 2025
(a) Right to appeal. Any applicant or any person with an interest which is or may be adversely affected and who has participated in the administrative proceedings as an objector shall have the right to appeal as provided in subsection (b) of this section, if:
(1) the applicant or person
is aggrieved by the decision of the Commission in an administrative review
proceeding conducted pursuant to §
12.222 of this title (relating to
Administrative Review); or
(2) the
Commission fails to act within time limits specified in the Act or this
subchapter (relating to Surface Coal Mining and Reclamation Operations Permits
and Coal Exploration Procedures Systems).
(b) State programs.
(1) Action of the Commission shall be subject
to judicial review as provided for in the APA, but the availability of such
review shall not be construed to limit the operation of the rights established
in §§134.182-134.187 of the Act.
(2) Trial in the District Court shall be on
the Administrative Record.
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