11 Miss. Code R. § 8-2.3-31-3136

Current through December 10, 2024

Section 11-8-2.3-31-3136 - Burden of Proof for Ownership or Control Challenges

This section applies to anyone who challenges their ownership or control listing or finding.

(a) When anyone challenges a listing of ownership or control, or a finding of ownership or control made under § 3138(g) of this chapter, that person must prove by a preponderance of the evidence that they either:

(1) Do not own or control the entire surface coal mining operation or relevant portion or aspect thereof; or

(2) Did not own or control the entire surface coal mining operation or relevant portion or aspect thereof during the relevant time period.

(b) In meeting the burden of proof, the challenger must present reliable, credible, and substantial evidence and any explanatory materials to the Department. The materials presented in connection with the challenge will become part of the permit file, an investigation file, or another public file. If the person making the challenge so requests, the Department will hold as confidential any information the challenger submits under this paragraph which is not required to be made available to the public under Miss. Code Ann §§ 25-61-1 et seq. or 49-17-39; and § 409 of these Regulations.

(c) Materials which may be submitted in response to the requirements of paragraph (b) of this section include, but are not limited to:

(1) Notarized affidavits containing specific facts concerning the duties that the person making the challenge performed for the relevant operation, the beginning and ending dates of the challenger's ownership or control of the operation, and the nature and details of any transaction creating or severing the challenger's ownership or control of the operation.

(2) Certified copies of corporate minutes, stock ledgers, contracts, purchase and sale agreements, leases, correspondence, or other relevant company records.

(3) Certified copies of documents filed with or issued by any State, municipal, or Federal governmental agency.

(4) An opinion of counsel, when supported by:

(A) Evidentiary materials;

(B) A statement by counsel that he or she is qualified to render the opinion; and

(C) A statement that counsel has personally and diligently investigated the facts of the matter.

11 Miss. Code. R. § 8-2.3-31-3136