Sec. 134.171. REQUEST FOR TEMPORARY RELIEF. (a) Before the investigation and hearing required by Section 134.169 are completed, the applicant may file with the commission a written request that the commission grant temporary relief from a notice or order issued under Section 134.161 or 134.162, together with a detailed statement giving reasons for granting the relief.
(b) The commission shall promptly issue an order or decision granting or denying the relief. If the applicant requests relief from a cessation order issued under Section 134.161 or 134.162, the order or decision on the request shall be issued not later than the fifth day after the date the request is received.
(c) The commission may grant the relief, under conditions prescribed by the commission, if:
(1) a hearing has been held:
(A) in the locality of the permit area on the request for temporary relief; and
(B) in which all parties have had an opportunity to be heard;
(2) the applicant shows that there is a substantial likelihood that the findings of the commission will favor the applicant; and
(3) the relief will not:
(A) adversely affect the health or safety of the public; or
(B) cause significant, imminent environmental harm to land, air, or water resources.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
Structure Texas Statutes
Chapter 134 - Texas Surface Coal Mining and Reclamation Act
Section 134.161. Condition, Practice, or Violation Creating Imminent Danger or Causing Imminent Harm
Section 134.162. Violation Not Creating Imminent Danger or Causing Imminent Harm
Section 134.163. Term of Cessation Order
Section 134.164. Continuous Violation
Section 134.165. Form of Notice or Order
Section 134.166. Modification, Vacation, or Termination of Notice of Order
Section 134.167. Expiration of Notice or Order
Section 134.168. Application for Commission Review of Notice or Order
Section 134.169. Investigation and Hearing on Application for Review
Section 134.170. Commission Findings and Decision
Section 134.171. Request for Temporary Relief
Section 134.172. Assessment of Costs Incurred in Administrative Proceeding or Judicial Review
Section 134.174. Administrative Penalty for Violation of Permit Condition of This Chapter
Section 134.175. Penalty Assessment Procedure
Section 134.176. Payment of Penalty; Refund
Section 134.178. Recovery of Administrative Penalty
Section 134.179. Criminal Penalty for Wilful and Knowing Violation
Section 134.180. Criminal Penalty for False Statement, Representation, or Certification
Section 134.181. Penalty for Director, Officer, or Agent of Corporation
Section 134.183. Notice to Commission Before Bringing Suit; Suit by State
Section 134.185. Intervention by Commission
Section 134.186. Costs of Suit; Filing of Bond