11 Miss. Code. R. 8-1.9.1 - Enforcement and Appeals
A. When an employee
of the Department files a report alleging a violation or when any person files
a complaint with the Commission alleging that any other person is in violation
of any rule and regulation, or any condition of a permit, the Commission shall
notify the alleged violator and conduct an investigation of the complaint. Upon
finding a basis for the complaint, the Commission shall cause written notice of
the complaint, specifying the section of law, rule, regulation or permit
alleged to be violated and the facts of the alleged violations, to be served
upon that person. The Commission may require the person to appear before the
Commission at a time and place specified in the notice to answer the charges.
The time of appearance before the Commission shall be not less than twenty (20)
days from the date of the mailing or service of the complaint, whichever is
earlier. If the Commission finds no basis for the complaint, the Commission
shall dismiss the complaint.
B. The
Commission shall afford an opportunity for a formal hearing to the alleged
violator at the time and place specified in the notice or at another time or
place agreed to in writing by both the Department and the alleged violator, and
approved by the Commission. On the basis of the evidence produced at the formal
hearing, the Commission may enter an order which in its opinion will best
further the purposes of this chapter and shall give written notice of that
order to the alleged violator and to any other persons which appeared at the
formal hearing or made written request for notice of the order. The Commission
may assess penalties as provided by law. Any formal hearing shall be of
record.
C. Except as otherwise
expressly provided, any notice or other instrument issued by or under authority
of the Commission may be served on any affected person personally or by
publication, and proof of that service may be made in the same manner as in
case of service of a summons in a civil action. The proof of service shall be
filed in the office of the Commission. Service may also be made by mailing a
copy of the notice, order, or other instrument by certified mail, directed to
the person affected at the person's last known post office address as shown by
the files or records of the Commission. Proof of service may be made by the
affidavit of the person who did the mailing and shall be filed in the office of
the Commission.
D. Any person who
participated as a party in the formal hearing may appeal a decision of the
Commission under this rule as provided in Miss. Code Ann. §
49-17-41.
Notes
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