Rule 11-1-6.9 - Preliminary MotionsAny request for an action or ruling prior to a hearing on the merits in a contested permit must be made in writing.
A. The request must state the grounds therefore and set forth the relief or order sought. The Permit Board, its Executive Director, or Hearing Officer may shorten or extend the time for filing preliminary motions. If a time for filing motions is specified in a scheduling letter, any party filing a motion must file and serve the motion on the date specified. The parties may also mutually agree to shorten or extend the time for filing motions.B. Any party opposing a preliminary motion must file and serve a response within the time specified in the scheduling letter. The Permit Board, its Executive Director, or Hearing Officer may shorten or extend the time for responding to any motion. If a time for responding to motions is specified in a scheduling letter, any party opposing a motion must file and serve a response on the date specified. The parties may also mutually agree to shorten or extend the time for filing responses.C. Any party may, in a preliminary motion or response, request oral argument or the presentation of oral testimony or the Permit Board, its Executive Director, or Hearing Officer may order argument or the presentation of oral testimony to a Hearing Officer or the Permit Board. If such a request is granted or such an order entered, the Permit Board, or its Executive Director, will set the date and time therefore and may order that the argument be heard by telephone conference call.D. Preliminary motions, responses, matters submitted in support thereof, and any orders with respect thereto must be filed with the Executive Director of the Permit Board and must be served on all parties, intervenors (if applicable), and the permittee or permit applicant if not a party. Miss. Code Ann. § 49-17-1, et seq. (Rev. 2012).