11 Miss. Code. R. 1-6.4 - Hearing Officer

A. Permit Board. The Permit Board created by Mississippi Code Annotated Section 49-17-28 (Rev. 2012) is the exclusive administrative body to make decisions on permit issuance, reissuance, denial, modification, transfer, or revocation of air pollution control and water pollution control permits (Miss. Code Ann. § 49-17-1, et seq.) and permits required under the Solid Wastes Disposal Law of 1974 (Miss. Code Ann. § 17-17-1, et seq.) and all other permits within the jurisdiction of the Permit Board including, but not limited to the following: surface mining permits (Miss. Code Ann. § 53-7-1, et seq.); surface coal mining permits (Miss. Code Ann. § 53-9-1, et seq.); water withdrawal permits (Miss. Code Ann. § 51-3-1, et seq.; §401 water quality certifications; and dam safety permits (Miss. Code Ann. § 51-3-1, et seq.). The Executive Director of the Mississippi Department of Environmental Quality ("MDEQ") is also the Executive Director of the Permit Board. Miss. Code Ann. § 49-17-29(3)(b).

B. Hearing Officer. The Permit Board may, through the Mississippi Department of Environmental Quality ("MDEQ"), designate a Hearing Officer to conduct the formal evidentiary hearing on all or any part of the issues on behalf of the Permit Board. The Hearing Officer may be an attorney from the Mississippi Attorney General's Office, another attorney who does not represent a party in the hearing, or a member of the Permit Board. MDEQ will notify the parties once the Hearing Officer has been designated.

1. Authority. The Hearing Officer shall have authority to conduct the hearing in his or her discretion for its orderly conduct. The Hearing Officer may perform functions including but not limited to the following:

a) call the proceeding to order;

b) allow a brief synopsis of the proposed action;

c) rule on procedural motions including motions to intervene;

d) allow the parties to the matter to make opening arguments;

e) rule on procedural and evidentiary matters;

f) allow for questioning of witnesses including cross-examination, redirect, and for questioning by the Permit Board;

g) allow the parties to the matter to make closing arguments;

h) advise the Permit Board of procedures for going into executive session, out of executive session, and return to regular session; and

i) close the evidentiary hearing.

2. Pre-hearing conference. The Hearing Officer may call a pre-hearing conference or conferences prior to any hearing to establish hearing guidelines and clarify issues, and to discuss scheduling deadlines and pre-hearing orders, if any. Any of the parties may request a pre-hearing conference.

3. Motion Hearing. The Hearing Officer may at the request of any party schedule a motion hearing to consider and decide non-dispositive motions prior to the formal evidentiary hearing. The Hearing Officer may hear dispositive motions and make recommendations to the Permit Board; however, the Permit Board will make the ultimate decision regarding all dispositive motions.

Notes

11 Miss. Code. R. 1-6.4

Miss. Code Ann. §§ 49-17-1, et seq. (Rev. 2012); 17-17-1, et seq. (Rev. 2012); 51-3-1, et seq. (Rev. 2003); 53-7-1, et seq. (Rev. 2003); and 53-9-1, et seq. (Rev. 2003).

Adopted 5/14/2015