Section 11-8-2.5-65-6505 - Suspension or Revocation of Permits(a)(1) When, on the basis of an inspection, the executive director has reason to believe that a pattern of violations of this Rule, any regulation promulgated under this Rule or any condition of a permit exists or has existed, and if the executive director also finds that the violations are caused by the unwarranted failure of the permittee to comply with this Rule, any regulation promulgated under this Rule or any condition of a permit, or that the violations are willfully caused by the permittee, the executive director shall issue an order to the permittee to show cause as to why the permit should not be suspended or revoked by the permit board. If the permittee files a written response to the show cause order and requests an informal conference, the Executive Director or his designee shall conduct an informal conference in an open meeting at the mine site or at a nearby convenient location. The Executive Director shall give thirty (30) days written notice of the date, time and place of the informal conference to the permittee and to any interested party who has notified the Executive Director that he or she wishes to present information at the informal conference. Upon issuance of the notice, the Executive Director shall publish it in a newspaper of general circulation in the area of the surface coal mining and reclamation operations, and shall post it at the State or field office closest to those operations. Upon the permittee's failure to show cause to the satisfaction of the executive director or the executive director's authorized representative as to why the permit should not be suspended or revoked, the executive director or the executive director's authorized representative shall present this information to the permit board and request that the permit board suspend or revoke the permit. The permit board shall decide the executive director's request under the procedures of Section 49-17-29(4) and (5). Any request by an interested party for a formal hearing regarding the permit board's initial decision on suspension or revocation of the permit or any appeal of the final decision following the formal hearing by any person who participated as a party in the formal hearing may be taken as provided under Section 49-17-29(4) and (5).(2) The Executive Director or Permit Board may determine that a pattern of violations exists or has existed, based on two or more inspections of the permit area within any 12-month period, after considering the circumstances, including:(A) the number of violations, cited on more than one occasion, of the same or related requirements of the Act, these regulations or the permit;(B) the number of violations, cited on more than one occasion, of different requirements of the Act, these regulations or the permit; and(C) the extent to which the violations were isolated departures from lawful conduct.(3) The Executive Director shall promptly review the history of violations of any permittee who has been cited for violations of the same or related requirements of the act, these regulations, or the permit during three or more inspections of the permit area within any 12-month period. If, after such review, the Executive Director determines that a pattern of violations exists or has existed, he shall issue an order to show cause as provided in § 6505(a)(1).(b) Within 60 days after the formal hearing, the Permit Board shall issue a written determination as to whether a pattern of violations exists and, if appropriate, shall revoke or suspend the permit. If the Permit Board revokes or suspends the permit and the permittee's right to mine under the Act, the permittee shall immediately cease surface coal mining operations on the permit area and shall:(1) if the permit and the right to mine under the Act are revoked, complete reclamation within the time specified in the order;(2) if the permit and the right to mine under the Act are suspended, complete all affirmative obligations to abate all conditions, practices or violations, as specified in the order.(c) Whenever a permittee fails to abate a violation contained in a notice of violation or cessation order within the abatement period set in the notice or order or as subsequently extended, the Executive Director shall review the permittee's history of violations to determine whether a pattern of violations exists pursuant to this Section, and shall issue an order to show cause as appropriate pursuant to § 6505(a)(1).11 Miss. Code. R. § 8-2.5-65-6505