Section 12.673 - Citizens' Requests for Inspections(a) A citizen may request an inspection under §RSA 12.670<subdiv>(e)</subdiv> of this title (relating to Inspections by the Commission), by furnishing to an authorized representative of the Commission a signed, written statement (or an oral report followed by a signed, written statement) giving the authorized representative reason to believe that a violation, condition, or practice referred to in §RSA 12.670<subdiv>(e)(1)</subdiv> of this title (relating to Inspections by the Commission) exists and setting forth a phone number and address where the citizen can be contacted.(b) The identity of any person supplying information to the Commission relating to a possible violation or imminent danger or harm shall remain confidential with the Commission, if requested by that person, unless that person elects to accompany the inspector on the inspection.(c) If an inspection is conducted as a result of information provided to the Commission by a citizen as described in subsection (a) of this section, the citizen shall be notified as far in advance as practicable when the inspection is to occur and shall be allowed to accompany the authorized representative of the Commission during the inspection. Such person has a right of entry to, upon and through the coal exploration or surface coal mining and reclamation operation about which he or she supplied information, but only if he or she is in the presence of and is under the control, direction and supervision of the authorized representative while on the mine property. Such right of entry does not include a right to enter buildings without consent of the person in control of the building or without a search warrant.(d) Within 10 days of the inspection or, if there is no inspection, within 15 days of receipt of the citizen's written statement, the Commission shall send the citizen the following: (1) if an inspection was made, a description of the enforcement action taken, which may consist of copies of the inspection report and all notices of violation and cessation orders issued as a result of the inspection or an explanation of why no enforcement action was taken;(2) if no inspection was conducted, an explanation of the reason why; and(3) an explanation of the citizen's right, if any, to informal review of the action or inaction of the Commission under § RSA 12.675 of this title (relating to Review of Decision Not to Inspect or Enforce).(e) The Commission shall give copies of all materials in subsections (d)(1) and (2) of this section, within the time limits specified in those subsections, to the person alleged to be in violation, except that the name of the citizen shall be removed unless disclosure of the citizen's identity is permitted under subsection (b) of this section.16 Tex. Admin. Code § 12.673
The provisions of this §12.673 adopted to be effective April 7, 1997, 22 TexReg 3093.