11 Miss. Code. R. 1-6.18 - Determinations and Findings of Fact and Conclusions of Law

A. The Permit Board may make its decision immediately upon the conclusion of evidence and closing arguments. The Permit Board may take the matter under advisement and may postpone its final determination until a later Permit Board meeting. All final rulings affirming, modifying, or reversing a prior decision to issue, deny, modify, transfer or revoke a permit must be based on sufficient evidence and be entered into the Permit Board's meeting minutes. The Permit Board, as the exclusive administrative body mandated by statute to make decisions regarding permit issuance, reissuance, denial, modification, or revocation of permits within its jurisdiction, may accept or reject the MDEQ staff recommended action.

B. MDEQ will prepare proposed draft Findings of Fact and Conclusions of Law ("FOFCOLs"), and submit them to all of the parties to the evidentiary hearing for comments. Parties may submit comments to the draft FOFCOLs within seven days of receipt of the draft FOFCOLs. MDEQ will then submit its proposed FOFCOLs and any comments by the parties to the Permit Board for consideration. The Permit Board may accept the FOFCOLs as drafted or may reject the proposed FOFCOLs with instructions to MDEQ to resubmit the proposed FOFCOLs with corrections specified by the Permit Board. Should the Permit Board adopt the proposed FOFCOLs by a majority vote of the present Permit Board members, the proposed FOFCOLs will become the Permit Board's decision and the Permit Board will record the FOFCOLs supporting its decision in its minutes. All parties will be notified in writing of the Permit Board's decision and furnished a copy of the Permit Board's findings of fact and conclusions of law through certified mail.

Notes

11 Miss. Code. R. 1-6.18

Miss. Code Ann. § 49-17-1, et seq. (Rev. 2012).

Adopted 5/14/2015