11 Miss. Code R. § 8-2.3-31-3137

Current through December 10, 2024
Section 11-8-2.3-31-3137 - Written Agency Decision on Challenges to Ownership or Control Listings or Findings
(a) Within 60 days of receipt of a challenge under § 3135(a) of these regulations, the Permit Board will review and investigate the evidence and explanatory materials submitted and any other reasonably available information bearing on the challenge and issue a written Order. The Permit Board's decision must state whether the person submitting the challenge owns or controls the relevant surface coal mining operation, or owned or controlled the operation, during the relevant time period.
(b) The Permit Board will promptly provide the person making the challenge with a copy of its decision by either:
(1) Certified mail, return receipt requested; or
(2) Any means consistent with the rules governing service of a summons and complaint under Rule 4 of the Mississippi Rules of Civil Procedure.
(c) Service of the decision on the person making the challenge is complete upon delivery and is not incomplete if that person refuses to accept delivery.
(d) The Permit board will post all decisions made under this section on AVS.
(e) Any person who receives a written decision under this section, and who wishes to appeal that decision, must exhaust administrative remedies under the procedures at Miss. Code Ann. 49-17-41 before seeking judicial review.
(f) Following the Permit Board's written decision or any decision by a reviewing administrative or judicial tribunal, the Permit Board must review the information in AVS to determine if it is consistent with the decision. If it is not, the Permit Board must promptly revise the information in AVS to reflect the decision.

11 Miss. Code. R. § 8-2.3-31-3137