22 Miss. Code. R. 23-05-102 - Hearings
102.01 The Department may schedule a hearing
on any application.
102.02 The
Department must schedule a hearing on an application if, during the time period
in which written objections are required to be filed:
102.02.01 A written request for a hearing is
submitted by the applicant.
102.02.02 A hearing is requested or written
objections are submitted to the application by a political subdivision, an
agency, or five (5) or more persons affected by the application.
102.03 The hearing must be held
within twenty (20) days after the time period in which objections are required
to be filed ends, unless a later date for the hearing is agreed to by all
parties.
102.04 Notice must be
given describing the date, time and place for the hearing by United States
mail, postage prepaid, to each of the objectors and to the applicant at the
address furnished to the commission by the parties, and by causing a copy of
such notice to be published at least one time in one (1) newspaper having a
general circulation in the county in which the affected wetlands are located.
102.05 Notice must also be given
to all of those parties who are sent copies in accordance with the appropriate
application evaluation procedures, all known present owners of record of
adjacent land by current tax assessment rolls, and all known claimants to water
or riparian rights in or adjacent to the coastal wetlands affected area.
102.06 At such hearing, any person
may present oral or written comments on the application.
102.07 Any person who files a written
objection may appear at the public hearing and be heard.
102.08 The burden of proof will be on the
applicant, whether a hearing is held or not, provided, however, no application
will be denied without giving the applicant a right to a hearing according to
the provisions of the Coastal Wetlands Protection Act.
102.09 Oral testimony at hearings will be
recorded, but will not be required to be transcribed except in the event of
appeal.
Notes
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