Section 11-8-2.3-31-3127 - Initial Review and Finding Requirements for Improvidently Issued Permits(a) If the Permit Board has reason to believe that it improvidently issued a permit, it must review the circumstances under which the permit was issued. The Permit Board will make a preliminary finding that the permit was improvidently issued if, under the permit eligibility criteria of the applicable regulations implementing section 510(c) of the federal Surface Mining Control and Reclamation Act in effect at the time of permit issuance, the permit should not have been issued because the permittee or the operator owned or controlled a surface coal mining and reclamation operation with an unabated or uncorrected violation.(b) The Permit Board will make a finding under paragraph (a) of this section only if the permittee or the permittee's operator:(1) Continue to own or control the operation with the unabated or uncorrected violation;(2) The violation remains unabated or uncorrected; and(3) The violation would cause the permittee to be ineligible under the permit eligibility criteria in our current regulations.(c) When the Permit Board makes a preliminary finding under paragraph (a) of this section, it must serve the permittee with a written notice of the preliminary finding, which must be based on evidence sufficient to establish a prima facie case that the permit was improvidently issued.(d) Within 30 days of receiving a notice under paragraph (c) of this section, the permittee may challenge the preliminary finding by providing the Permit Board with evidence as to why the permit was not improvidently issued under the criteria in paragraphs (a) and (b) of this section.(e) The provisions of §§ 3133, 3135, and 3136 of these regulations apply when a challenge under paragraph (d) of this section concerns a preliminary finding under paragraphs (a) and (b)(1) of this section that the permittee or the operator currently own or control, or owned or controlled, a surface coal mining operation.11 Miss. Code. R. § 8-2.3-31-3127