Section 11-8-2.3-31-3112 - Review of Permit Applications(a) Process (1) The applicant for a permit or modification of a permit shall have the burden of establishing that his application is in compliance with all the requirements of these regulations.(2) The Permit Board shall review the complete application for a permit, modification, or renewal; written comments and written objections submitted; and records of any public hearing held under § 53-9-37 and §§ 3105-3109 of these regulations.(b) Review of Violations: Based on a review of all reasonably available information concerning violation notices and ownership or control links involving the applicant, including information obtained pursuant to §§ 3131, 3138, 2305, and 2307, the Permit Board shall not issue the permit if any surface coal mining and reclamation operation owned or controlled by either the applicant or by any person who owns or controls the applicant is currently in violation of the Act, Federal Act, any state or federal rule or regulation promulgated pursuant thereto, a state program, or any federal or state law, rule, or regulation pertaining to air or water environmental protection. If this compliance determination initially is made prior to the determination that the application is complete and accurate, the Permit Board shall reconsider the compliance review prior to issuing, modifying, or renewing a permit. The reconsideration shall be based on any new information submitted pursuant to § 2307(d).(c) In the absence of a failure-to-abate cessation order, the Permit Board may presume that a notice of violation issued pursuant to § 53-9-55 and § 6503 or under a federal or state program is being corrected to the satisfaction of the agency with jurisdiction over the violation where the abatement period for such notice of violation has not yet expired and where, as part of the violation information provided pursuant to § 2307, the applicant has provided certification that such violation is in the process of being so corrected. Such presumption shall not apply where evidence to the contrary is set forth in the permit application, or where the notice of violation is issued for nonpayment of abandoned mine land reclamation fees or civil penalties.(d) If a current violation exists, the Permit Board shall require the applicant or person who owns or controls the applicant, before the issuance of the permit, to either: (1) submit to the Permit Board proof that the current violation has been or is in the process of being corrected to the satisfaction of the agency that has jurisdiction over the violation; or(2) establish for the Permit Board that the applicant, or any person owned or controlled by either the applicant or any person who owns or controls the applicant, has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of the current violation. If the initial judicial review authority affirms the violation, then the applicant shall within 30 days of the judicial action submit the proof required under § 3112 (b) and (c).(e) Any permit that is issued on the basis of a presumption supported by certification under the Act and § 2307 that a violation is in the process of being corrected, on the basis of proof submitted under § 3112(c) that a violation is in the process of being corrected, or pending the outcome of an appeal described in § 3112 (d)(2), shall be conditionally issued.(f) After an initial determination by the Permit Board to deny a permit, modification, or renewal application because the applicant, anyone who owns or controls the applicant, or the operator specified in the application, controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violation of the act of such nature and duration, and with such resulting irreparable damage to the environment that indicates an intent not to comply with the provisions of the act, the applicant or operator shall be afforded an opportunity for a formal hearing on the determination. Such hearing shall be conducted pursuant to § 53-9-77(1) of the act and § 3301.11 Miss. Code. R. § 8-2.3-31-3112