(a) If the applicant is eligible and information is not readily available which would preclude issuance of a permit to the applicant for mining in the area proposed, the Commission shall:
  (1) determine the minimum data requirements necessary for the proposed site;
  (2) select the services of one or more qualified laboratories to perform the required work; and
  (3) provide a copy of the contract or other appropriate work order and the final approved report to the applicant.
(b) The Commission shall inform the applicant in writing if the application is denied and shall state the reasons for denial.
(c) The granting of assistance under §§12.235 - 12.238, this section, and §§12.240 - 12.243 of this title (relating to Small Operator Assistance) shall not be a factor in decisions by the Commission on a subsequent permit application.

Source Note: The provisions of this §12.239 adopted to be effective February 24, 2014, 39 TexReg 1121