Section 11.53 - Temporary Orders Prior to Notice and Hearing(a) The commission may issue temporary orders relating to a surface mining operation without notice and hearing, or with the notice and hearing as the commission considers practical under the circumstances, when necessary to enable action to be taken more expeditiously than is otherwise provided by the Act to effectuate the policy and purposes of the Act.(b) If the commission issues a temporary order under this authority without a hearing, and if the subject matter of the order is such as to require a public hearing under the Act, §131.163, the order shall set a time and place for a public hearing to be held. The hearing shall be held as soon after the temporary order is issued as is practical.(c) At the hearing, the commission shall affirm, modify, or set aside the temporary order. If the nature of the commission's action requires, further proceedings shall be conducted as appropriate under provisions of the Administrative Procedure and Texas Register Act, as amended (Texas Civil Statutes, Article 6252-13a).(d) The requirements of the Act, §131.159 and §131.160, concerning the time for notice, newspaper notice, and method of giving a person notice do not apply to the hearing, but general notice of the hearing shall be given that the commission considers practical under the circumstances.16 Tex. Admin. Code § 11.53
The provisions of this §11.53 adopted to be effective October 31, 1980, 5 TexReg 4175.