(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.

Source Note: The provisions of this §12.223 adopted to be effective April 7, 1997, 22 TexReg 3093.