Section 11-8-2.3-31-3109 - Public Hearings(a) Procedure for Requests. Any interested party, or the officer or head of any federal, state or local government agency or authority may, in writing, request that the Permit Board hold a public hearing on any application for a permit, modification to a permit, or renewal of a permit. The request shall: (1) briefly summarize the issues to be raised by the requestor at the hearing;(2) be filed with the Permit Board not later than 45 days after the last publication of the newspaper advertisement placed by the applicant under § 53-9-37(1) and § 3103(a).(3) The Permit Board shall conduct a public hearing prior to issuing a permit allowing a new surface coal mining and reclamation operation. The Permit Board may conduct a public hearing prior to issuing a permit modification or reissuing an existing permit, but shall hold a public hearing if requested under § 53-9-37(2)(b).(b) The Permit Board shall hold a public hearing within ninety (90) days following the receipt of the request. The Public Hearing shall be conducted according to the following: (1) if requested under § 53-9-37(2)(b) and § 3109(a)(2), it shall be held in the locality of the proposed mining and reclamation;(2) a notice including the date, time, subject matter and location of the public hearing shall be sent to the applicant and all parties who requested a public hearing and advertised by the Permit Board pursuant to § 53-9-37(2)(b);(3) The Permit Board shall arrange with the applicant, upon request by an interested party requesting a public hearing, reasonable access to the area of the proposed surface coal mining and reclamation operation for the purpose of gathering information relevant to the proceeding before the public hearing. If such request is made less than one (1) week before the scheduled date of the public hearing, access may not be provided before the public hearing;(4) The public hearing shall be conducted by a representative of the Permit Board, who may accept oral or written statements and any other relevant information from any participant. An electronic or stenographic record shall be made of the public hearing. The record shall be maintained and shall be accessible to the applicant and to the public until final release of the applicant's performance bond or other collateral.(c) If all persons requesting the public hearing stipulate agreement before the requested public hearing and withdraw their request, the public hearing may be canceled at the discretion of the Permit Board. This paragraph does not apply to mandatory public hearings for new surface coal mining and reclamation operations.(d) Public hearings held in accordance with this Section may be used by the Permit Board as the public hearing required under the act and § 1107(d) on the proposed uses or relocation of public roads.(e) Nothing in this section shall be construed to prevent the Permit Board on its own motion from conducting public hearings to obtain information from the public regarding the proposed surface coal mining operations.11 Miss. Code. R. § 8-2.3-31-3109