15 Miss. Code. R. 9-92-1.7.1

An affected person has thirty (30) days from the date of publication or notice of an application for a Certificate of Public Advantage to request a public hearing.

1. A fee of three thousand dollars ($3,000.00) per day will be assessed to cover the cost of conducting a public hearing, with a deposit of three thousand dollars ($3,000.00) required from the requestor or requesters. If a request for a hearing and a deposit is not received by the end of business of the thirtieth day after a public notice has been given, any affected person loses all right to be afforded a public hearing.

2. If the department is notified that a request for a public hearing is being withdrawn before the hearing commences, a minimum of one thousand dollars ($1,000.00) will be withheld from the deposit. Any extraordinary expenses incurred in preparing for the hearing such as extra publication expenses, expenses of hiring a court reporter, extraordinary administrative time, etc., will be deducted at a reasonable rate and the remaining portion of the deposit will be refunded. All requests for a refund must be made in writing at the time of withdrawal or within five (5) business days of notification of withdrawal. All notices of withdrawal and requests for a return of a deposit must be made no less than five business days before the date set for the public hearing. Notices of withdrawal and requests for a refund of deposit received less than five (5) business days before the date of the hearing will not entitle the requestor to a return of any portion of the deposit.

3. A copy of the presiding hearing officer's report will be made available to the applicant and the affected person(s) prior to the decision being announced by the state health officer.

Notes

15 Miss. Code. R. 9-92-1.7.1

Miss. Code Ann. § 41-9-307