Current through December 10, 2024
Section 11-8-2.3-31-3128 - Notice Requirements for Improvidently Issued Permits(a) The Department must serve the permittee with a written notice of proposed suspension or rescission, together with a statement of the reasons for the proposed suspension or rescission, if: (1) After considering any evidence submitted under § 3127(d), the Department finds that a permit was improvidently issued under the criteria in paragraphs (a) and (b) of § 3127; or(2) A permit was provisionally issued under § 3113(b) and one or more of the conditions in § 3113(c)(1) through (4) exists.(b) If the Department proposes to suspend a permit, it will provide 60 days notice.(c) If the Department proposes to rescind a permit, it will provide 120 days notice.(d) If the permittee decides to appeal the notice, the permittee must exhaust administrative remedies under the procedures at Miss. Code Ann. § 53-9-69(d) and (e).(e) After the Department serves the permittee with a notice of proposed suspension or rescission under this section, it will take action under § 3129 of these regulations.(f) The regulations for service at § 6507 of these regulations will govern service under this section.(g) The times specified in paragraphs (b) and (c) of this section will apply unless the permittee obtains temporary relief under the procedures at Miss. Code Ann. § 53-9-69(d) and (e).11 Miss. Code. R. § 8-2.3-31-3128