Any person who is or may be adversely affected by a surface coal mining and reclamation operation or a coal exploration operation may notify the Commission in writing of any alleged failure on the part of the Commission to make adequate and complete or periodic inspections as provided in §12.670(e)(1) of this title (relating to Inspections by the Commission). The notification shall include sufficient information to create a reasonable belief that §12.670(e)(1) of this title (relating to Inspections by the Commission) is not being complied with and to demonstrate that the person is or may be adversely affected. The Director of the Surface Mining and Reclamation Division shall, within 15 days of receipt of the notification, determine whether §12.670(e)(1) of this title (relating to Inspections by the Commission) is being complied with, and if not, shall immediately order an inspection to remedy the noncompliance. The Director of the Surface Mining and Reclamation Division shall also furnish the complainant with a written statement of the reasons for such determination and the actions, if any, taken to remedy the noncompliance.

Source Note: The provisions of this §12.674 adopted to be effective April 7, 1997, 22 TexReg 3093.