Current through December 10, 2024
Section 11-8-2.3-31-3131 - Verification of Ownership or Control Application Information(a) In accordance with § 3115, prior to the issuance of a permit, the Department shall review the information in the application provided pursuant to § 2305 to determine that such information, including the identification of the operator and all owners and controllers of the operator, is complete. In making such determination, the Department shall compare the information provided in the application with information from other reasonably available sources, including- (1) manual data sources within Mississippi, including:(A) the Department's inspection and enforcement records, and(B) State Corporation Commission or tax records, to the extent they contain information concerning ownership or control links; and(2) automated data sources, including: (A) the Department's own computer systems, and(B) the Applicant/Violator System.(b) If it appears from the information provided in the application pursuant to § 2305(f) and (g) that either the applicant or the operator do not have any previous mining experience, the Department shall inquire of the applicant and investigate to determine whether any person other than those identified in the application will own or control the operation (as either an operator or other owner or controller). If the Department identifies such a person, the Department must: (1) Issue a written finding to the person and the applicant or permittee describing the nature and extent of ownership and control; and(2) Enter the finding under this section into AVS; and(3) Require the person to: (A) Disclose their identity; and(B) Certify they are a controller, if appropriate.(c) If, as a result of the review conducted under § 3131(a) and (b), the Department identifies any potential omission, inaccuracy, or inconsistency in the ownership or control information provided in the application, it shall, prior to making a final determination with regard to the application, contact the applicant and require that the matter be resolved through submission of:(1) an amendment to the application, or(2) a satisfactory explanation which includes credible information sufficient to demonstrate that no actual omission, inaccuracy, or inconsistency exists.(d) Upon completion of the review conducted under this section, the Department shall promptly enter into or update all ownership or control information on AVS.11 Miss. Code. R. § 8-2.3-31-3131