Section 11-8-2.3-35-3513 - Permit Renewals: Approval or Denial(a) The permit shall be reissued after meeting the public notice requirements of § 53-9-37, unless it is established by the opponents to reissuance or the Department, and written findings are made by the Permit Board stating that: (1) the permittee is not satisfactorily meeting the terms and conditions of the existing permit;(2) the present surface coal mining and reclamation operation is not in compliance with the environmental protection standards under the act and these regulations applicable to the existing permit;(3) the requested reissuance substantially jeopardizes the operator's continuing responsibility to comply with the act and these regulations on existing permit areas;(4) the operator has not provided evidence of having liability insurance or self-insurance as required in under § 53-9-25(2)(b) and § 4309;(5) the operator has not provided evidence that the performance bond, or any additional bond the Permit Board may require under § 53-9-31 of the act and Subchapter 2.4, which is in effect for the operation in question, will continue in full force and effect for any period of reissuance requested in the application; or(6) the operator has failed to provide any additional revised or updated information required by the Department or Permit Board.(b) In determining whether to approve or deny a renewal, the burden of proving that the permit should not be reissued shall be on the opponents of reissuance or the Department. If the Department determines that a condition exists which will prevent the Department from recommending permit reissuance to the Permit Board, the Department shall immediately provide the applicant with notice of such condition and provide the applicant an opportunity to initiate action to correct the condition. A violation of the act, these regulations, or a permit condition shall not be cause for denial of a permit renewal if the Permit Board determines that the violation:(1) has been corrected; or(2) is in the process of being corrected; or(3) the applicant has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of that violation.(c) The Permit Board shall send copies of its decision to the applicant and to any interested party who requested a public hearing or filed written objections or comments to the renewal, if the interested party provided the Permit Board with a complete address and to OSM.(d) Any interested party shall have the right to formal hearing and judicial review set forth in § 53-9-39, § 53-9-77 and Rule 33.11 Miss. Code. R. § 8-2.3-35-3513