40 Miss. Code. R. 1-3.8 - Petition for Reconsideration Before the Commission

A. After the Commission has acted upon a rule, regulation or public notice, any party(ies) opposed to the rule, regulation or public notice, that complies with Section 7 above, may request reconsideration of the Commission's decision by filing a Petition for Reconsideration. The Petition for Reconsideration must be filed within fourteen (14) days of the final adoption of the rule, regulation or public notice.

B. Petitions for Reconsideration of the issuance, denial or revocation of permits may be made by any party requesting same, being denied same, or having same revoked, and if made, the petition must be in accordance with the other terms of this document. The Petition for Reconsideration must be filed within fourteen (14) days of the decision to issue, deny or revoke the permit. Petitions for Reconsideration of decisions on permits will be conducted in accordance with the provisions of paragraph 4 below and Article II of this document. When a Petition for Reconsideration is filed by an objector to the issuance of a permit, the applicant / recipient may be required to defend the decision of the Commission.

C. The Petition shall state specifically the points of law or facts which the party requesting the reconsideration believes the Commission overlooked or misapprehended, and shall contain a statement of the action which the party wishes the Commission to take. The Petition shall contain such argument in support of the Petition as the requesting party wishes to present, but in no event shall the Petition exceed fifteen (15) pages in length (exclusive of exhibits). The Petition must be typed or double-spaced. The original and ten (10) copies of the Petition for Reconsideration must be filed with the Commission through MDWFP.

Filing may be accomplished by mail, but filing shall be considered timely only if the Petition is received within the time period described above.

D. The Commission will consider the Petition for Reconsideration at its next regular meeting which occurs more than ten (10) days following the Petition's filing. The Commission may (1) make a final disposition of the Petition by either granting or denying the requested action without further argument; (2) request a response from MDWFP prior to making a final disposition; (3) set the matter for an evidentiary hearing; or (4) make such further order as it deems appropriate under the circumstances. Once a Petition for Reconsideration has been considered and ruled on by the Commission, no further requests for reconsideration will be allowed.

Notes

40 Miss. Code. R. 1-3.8

Miss. Code Ann. §§ 25-43-2.104, 49-1-29, and 49-4-4.