11 Miss. Code. R. 1-6.5 - Hearings

A. Hearing request. Any interested party aggrieved by the Permit Board's issuance, denial, modification, transfer, revocation, or other permit action may request a formal evidentiary hearing in writing within 30 days after the date the Permit Board takes action upon permit issuance, denial, modification, transfer, revocation or other permit action as reflected on the Permit Board's minutes pursuant to Miss. Code Ann. § 49-17-29(4)(b)(Rev. 2012); 51-3-15, (Rev. 2003); 53-7-41 (Rev. 2003); and 53-9-77 (Rev. 2003). Though the Permit Board's action is reflected in the Permit Board's minutes, which are written after the meeting, the manner for calculating the time in which to appeal is shown in Rule 6.5 B. and C.

B. The time period in which an aggrieved party may file a request for a formal hearing before the Permit Board, concerning a permit action taken by the Permit Board, will be calculated from the date of the Permit Board meeting at which the Permit Board made the decision.

C. Delegated Permits - Time Period. The time period in which an aggrieved party may file a request for a formal hearing before the Permit Board concerning a Delegated Permit action (as defined by 11 Miss. Admin. Code Pt. 1, R. 4.1.C) or a Delegated Surface Mining Permit action (as defined by 11 Miss. Admin. Code Pt. 1, R. 4.1.D) taken by the Executive Director or his or her delegate shall be calculated from the date of the Permit Board meeting at which the decision of the Executive Director or his or her delegate is accepted by the Permit Board. See 11 Miss. Admin. Code Pt. 1, R. 4.3.

D. An interested party is any person claiming an interest relating to the property or project which is the subject of the permit action, and who is so situated that the person may be affected by the disposition of that action. Miss. Code Ann. § 49-17-29(4)(b)(Rev. 2012); 51-3-15 (Rev. 2003); 53-7-41 (Rev. 2003); and 53-9-77 (Rev. 2003).

E. Form of hearing request. Petitions or requests for hearing must be in writing and may be in the form of a letter, an email, or a facsimile transmission directed to the Executive Director of the Mississippi Department of Environmental Quality with a copy to the MDEQ legal staff. The petition should be brief and concise and must include the following: a statement of the matter upon which action of the Board is desired; a statement of the petitioner's interest in the matter; a statement of how the petitioner is so situated that he or she will be affected by the action; and a statement of the relief sought.

F. Time and place of hearing. The Permit Board, through MDEQ, will schedule the time and place of such hearing and notify all parties, including the permittee, through a scheduling letter sent via certified mail.

G. The Permit Board may, at its sole discretion, require all parties to submit written direct and rebuttal testimony, all documentary evidence and exhibits the parties plan to submit into evidence at the hearing, witness lists specifying the witnesses the parties plan to question at the hearing, and written motions and motion responses in advance of the hearing pursuant to deadlines specified in a scheduling letter. Any party may, upon good cause shown, make a written request to file documents after the rebuttal testimony deadline has passed. Such request may be submitted via email to the Hearing Officer with copies to legal counsel for all represented parties and directly to unrepresented parties. The Hearing Officer has the discretion to allow or reject the request. In the event a matter needs to be heard in an expedited manner, the Permit Board may also, in its sole discretion, hold an expedited evidentiary hearing. If the Permit Board decides to hold an expedited hearing, the Board may do so without requiring the parties to pre-file testimony, documents, and other information prior to the hearing. MDEQ staff will notify the parties in writing if the Permit Board decides to hold an expedited hearing and whether the Board will require pre-filing of testimony, documents, and other information.

H. Continuance of hearing.

1. Any party to the hearing, including a party who timely filed a motion to intervene, may request a continuance for good cause shown in writing at least seven days before the evidentiary hearing. The motion must be mailed, emailed, or delivered to the Executive Director of the Permit Board and a copy mailed, emailed, or delivered to each party and intervenor to the hearing. A movant for continuance of the evidentiary hearing must mail, email, or deliver a copy of the motion for continuance to the permittee or permit applicant even if the permittee or applicant is not a party to the evidentiary hearing. All motions for continuance of an evidentiary hearing must state the reason for the continuance. The Hearing Officer or the Permit Board may consider a request for a continuance which is made less than seven days before the evidentiary hearing if the requestor demonstrates extraordinary circumstances necessitating a continuance.

2. The permittee or permit applicant, MDEQ, and all interested parties who have requested a hearing or have intervened in the matter may agree to a continuance of the hearing and may waive the notice requirements. If the parties do not agree to a continuance, the matter will be referred to the Permit Board or its Executive Director for a ruling on a motion to continue.

3. The Permit Board, its Executive Director, or the Hearing Officer on behalf of the Permit Board may grant, deny, or reschedule a hearing on a motion for continuance. The Permit Board, its Executive Director, or the Hearing Officer on behalf of the Permit Board, may grant motions for continuance.

I. Representation by counsel. Any party affected, or potentially affected, by a Permit Board decision may be advised and represented, at the party's own expense, by a licensed attorney or attorneys.

1. Any party affected by a Permit Board decision may represent himself or herself (pro se). In the case of a corporation or other artificial person recognized by law, the party may participate through a duly authorized representative, such as an officer, director or appropriate employee, whether or not that person is a licensed attorney. Under no circumstances may a pro se party represent the interests of other parties in a manner constituting unauthorized practice of law pursuant to Mississippi law including Miss. Code Ann. § 73-3-55 (Rev. 2012) and as defined by the Mississippi Supreme Court in Darby v. Miss. State Bar, 185 So.2d 684, 687-88 (Miss. 1966).

2. Entry of appearance by counsel may be made by:

a. signing any filing;

b. filing a notice of appearance; or

c. appearance as counsel at a Permit Board pre-hearing conference or hearing.

3. After counsel makes an appearance on behalf of a party, all orders, notices and filings must be served only upon such counsel unless otherwise requested.

4. Counsel wishing to withdraw must provide written notice to the Executive Director, the Permit Board, or the Hearing Officer with a copy to the Legal Department, prior to the hearing.

5. Foreign Attorneys. Attorneys not licensed to practice law in the State of Mississippi must request admission pro hac vice to appear and represent a party before the Permit Board pursuant to the procedures set forth in Rule 46(b) of the Mississippi Rules of Appellate Procedure.

J. Abuse of process. The Permit Board may dismiss an evidentiary hearing request filed by a party who has previously abused the evidentiary hearing process by failing to attend or refusing to participate in past hearings requested by that party, or by leaving before the end of the hearing.

Notes

11 Miss. Code. R. 1-6.5

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

Adopted 5/14/2015