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 §11.111 of this title (relating to Basis of Revocation and Suspension), the commission shall:
  (1) when the elements of §11.111(1) 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 §11.111(2) 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 §11.111(3) 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 §§11.91-11.100 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.

Source Note: The provisions of this §11.113 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective November 1, 2010, 35 TexReg 9724