Section 11-8-2.1-4-405 - Application Requirements and Procedures(a) Incidental mining exemption and approval process. (1) Any person who plans to commence or continue coal extraction after the effective date of these regulations in reliance on the incidental mining exemption shall file a complete application for exemption with the Permit Board for each mining area.(2) Following incorporation of an exemption application approval process into the regulatory program, a person may not commence coal extraction based upon the exemption until the Permit Board approves such application except as provided in § 405 (e) (3).(b) Existing Operations. Any person who has commenced coal extraction at a mining area in reliance upon the incidental mining exemption prior to the effective date of these regulations may continue mining operations for 60 days after such effective date. Coal extraction may not continue after such 60-day period unless that person files an administratively complete application for exemption with the Permit Board. If an administratively complete application is filed within 60 days, the person may continue extracting coal in reliance on the exemption beyond the 60-day period until the Permit Board makes an administrative decision on such application.(c) Additional Information. The Permit Board shall notify the applicant if the application for exemption is incomplete and may at any time require submittal of additional information.(d) Public Comment Period. Following publication of the newspaper notice required by § 407 (b) (7), the Permit Board shall provide a period of no less than 30 days during which time any person having an interest which is or may be adversely affected by a decision on the application may submit written comments or objections.(e) Exemption Determination (1) No later than 90 days after filing of an administratively complete application, the Permit Board shall make a written determination whether, and under what conditions, the persons claiming the exemption are exempt under this Rule, and shall notify the applicant and persons submitting comments on the application of the determination and the basis for the determination.(2) The determination of exemption shall be based upon information contained in the application and any other information available to the Permit Board at that time.(3) If the Permit Board fails to provide an applicant with the determination as specified in § 405 (e) (1), an applicant who has not begun may commence coal extraction pending a determination on the application unless the Permit Board issues an interim finding, together with reasons therefore, that the applicant may not begin coal extraction.(f) Administrative Review(1) The applicant or any other interested party aggrieved by the Permit Board's decision may request a formal hearing pursuant to § 53-9-77 within 30 days of the notification of such determination in accordance with procedures established under § 3301.(2) A request for a formal hearing filed under § 3301 shall not suspend the effect of a determination under § 405 (e).11 Miss. Code. R. § 8-2.1-4-405