Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 4 - TERMINATION, SUSPENSION, REVISION, AND CORRECTION OF PERMITS › Section 11.113 - Revocation or Suspension without Consent

Current through Reg. 49, No. 28; July 12, 2024
Whenever on the basis of any inspection, the commission
						or its authorized agent or representative determines or has reason to believe
						that any of the elements contained in §
											RSA
						11.111 of this title (relating to Basis of
						Revocation and Suspension), the commission shall:
(1) when the elements of §
											RSA
					 11.111<subdiv>(1)</subdiv> of
					 this title exist, immediately order a cessation of surface mining operations on
					 the portion relevant to the condition, practice, or violation. The cessation
					 order shall fix a time and place for a hearing to be held before the commission
					 which shall be as soon after the order is issued as is practicable but in no
					 event later than 10 days. Such general notice of the hearing shall be given as
					 in the judgment of the commission is practicable under the circumstances. No
					 more than 24 hours after commencement of such hearing, and without adjournment
					 of the hearing, the commission shall affirm, modify, or set aside the
					 order;
(2) when the elements of
					 §
											RSA
					 11.111<subdiv>(2)</subdiv> of
					 this title exist, issue a notice to the permittee or his agent fixing a
					 reasonable time but not more than 30 days for the abatement of the violation.
					 If on expiration of the period of time as originally fixed or subsequently
					 extended, for good cause shown, and on the written finding of the commission,
					 the commission finds that the violation has not been abated, and after a
					 hearing, if one is requested in writing by the operator within 15 days
					 following the time period required to abate the violation, it may order a
					 cessation of surface mining operations on the portion relevant to the
					 violation. The cessation order shall remain in effect until the commission
					 determines that the violation has been abated or until modified, vacated, or
					 terminated by the commission pursuant to the following paragraph (3) of this
					 section;
(3) when the elements of
					 §
											RSA
					 11.111<subdiv>(3)</subdiv> of
					 this title exist, issue an order to the permittee to show cause as to why the
					 permit should not be suspended or revoked. The order shall fix a time and place
					 for a hearing to be held in accordance with the notice requirements of
					 §§
											RSA
					 11.91-RSA
					 11.100 of this title (relating to Term;
					 Surface Mining Permit Application; Elements of Surface Mining Permit
					 Application; Surface Mining Permit Application Approval; Surface Mining
					 Bonding, Insurance, and Payment of Fees; Surface Mining Permit Issuance;
					 Surface Mining Permit Renewal; Surface Mining Permit Transfer; Surface Mining
					 Permit Approval; and Surface Mining Permit Denial). On the permittee's failure
					 to show cause as to why the permit should not be suspended or revoked, the
					 commission shall suspend or revoke the permit.