Section 11-8-2.3-31-3113 - Eligibility for Provisionally Issued Permits(a) This section applies to any applicant who owns or controls a surface coal mining and reclamation operation with: (1) A notice of violation issued under § 6503 for which the abatement period has not yet expired; or(2) A violation that is unabated or uncorrected beyond the abatement or correction period.(b) The Permit Board will find the applicant eligible for a provisionally issued permit under this section if the applicant demonstrates that one or more of the following circumstances exist with respect to all violations listed in paragraph (a) of this section: (1) For violations meeting the criteria of paragraph (a)(1) of this section, the applicant certifies that the violation is being abated to the satisfaction of the regulatory authority with jurisdiction over the violation, and the Department has no evidence to the contrary.(2) As applicable to the applicant, the applicant's operator, and operations that the applicant or the applicant's operator own or control are in compliance with the terms of any abatement plan (or, for delinquent fees or penalties, a payment schedule) approved by the agency with jurisdiction over the violation.(3) The applicant is pursuing a good faith: (i) Challenge to all pertinent ownership or control listings or findings under §§ 3133 and 3136; or(ii) Administrative or judicial appeal of all pertinent ownership or control listings or findings, unless there is an initial judicial decision affirming the listing or finding and that decision remains in force.(4) The violation is the subject of a good faith administrative or judicial appeal contesting the validity of the violation, unless there is an initial judicial decision affirming the violation and that decision remains in force.(c) The Department will consider a provisionally issued permit to be improvidently issued, and must immediately initiate procedures under §§ 3128 and 3129 to suspend or rescind that permit, if:(1) Violations included in paragraph (b)(1) of this section are not abated within the specified abatement period;(2) The applicant, the applicant's operator, or operations that the applicant, or the applicant's operator own or control do not comply with the terms of an abatement plan or payment schedule mentioned in paragraph (b)(2) of this section;(3) In the absence of a request for judicial review, the disposition of a challenge and any subsequent administrative review referenced in paragraph (b)(3) or (4) of this section affirms the validity of the violation or the ownership or control listing or finding; or(4) The initial judicial review decision referenced in paragraph (b)(3)(ii) or (4) of this section affirms the validity of the violation or ownership or control listing or finding.11 Miss. Code. R. § 8-2.3-31-3113