Rule 11-6-1.3.3 - Public Notice and Public HearingA. Public Notice. Public notice of all applications for § 401 certification is required. Public notice may be accomplished through either a joint public notice between the federal and/or state agency and the Department or a public notice by the applicant at his expense.(1) Joint public notice procedures with federal or state agencies are normally used to facilitate processing.(2) If a joint public notice procedure is not implemented, public notice shall be accomplished by publication by the applicant in a newspaper having general circulation in the area in which the activity is proposed or throughout the State. The Department shall provide the applicant with the format for publication.(3) The public notice of the application for certification shall provide a reasonable period of time, normally at least 30 days from the date of notice, within which interested persons may submit to the Department their comments and information concerning the certification application.B. Public Hearing. (1) Any person may request a public hearing during the comment period. Requests shall be in writing addressed to the Department and shall state the issues to be raised at the hearing.(2) The Department shall hold a public hearing whenever the Department determines such a hearing may be useful in reaching a decision on an application for certification. The public hearing shall be held within thirty (30) days after the Department makes its determination, and notifies the applicant. The Department shall coordinate with other regulatory agencies and conduct joint public hearings when feasible. The decision of whether public hearings shall be held jointly or independently will be made on a case-by-case basis.(3) All public hearings shall be reported verbatim by a court reporter. A copy of the transcript shall be made available for public inspection.11 Miss. Code. R. 6-1.3.3
Miss. Code Ann. §§ 49-2-1, et seq. and 49-17-1, et seq.