Section 11-8-2.3-31-3129 - Suspension or Rescission Requirements for Improvidently Issued Permits(a) Except as provided in paragraph (b) of this section the Permit Board must suspend or rescind a permit upon expiration of the time specified in § 3128(b) or (c) of this part unless the permittee submits evidence and the board finds that: (1) The violation has been abated or corrected to the satisfaction of the agency with jurisdiction over the violation;(2) The permittee or the permittee's operator no longer own or control the relevant operation;(3) The Permit Board's finding for suspension or rescission was in error;(4) The violation is the subject of a good faith administrative or judicial appeal (unless there is an initial judicial decision affirming the violation, and that decision remains in force);(5) The violation is the subject of an abatement plan or payment schedule that is being met to the satisfaction of the agency with jurisdiction over the violation; or(6) The permittee is pursuing a good faith challenge or administrative or judicial appeal of the relevant ownership or control listing or finding (unless there is an initial judicial decision affirming the listing or finding, and that decision remains in force).(b) If the permittee has requested administrative review of a notice of proposed suspension or rescission under § 3128(d) of these regulations, the Permit Board will not suspend or rescind the permit unless and until the Mississippi Commission on Environmental Quality affirms the finding that your permit was improvidently issued.(c) When the Permit Board suspends or rescinds a permit under this section, it must: (1) Issue the permittee a written notice requiring the permittee to cease all surface coal mining operations under the permit; and(2) Post the notice at the office of the Department of Environmental Quality.(d) If the Permit Board suspends or rescinds a permit under this section, the permittee may request administrative review of the notice under the procedures at Miss. Code Ann. § 53-9-69(d) and (e). Alternatively, the permittee may seek judicial review of the notice.11 Miss. Code. R. § 8-2.3-31-3129