If a Consistency Certification is withheld for any reason, the agency proposing the reviewable action may elect to utilize the Conflict Resolution Procedure described below:
109.01 The agency proposing the reviewable action must submit a written request to the Department to utilize the Conflict Resolution Procedure.109.02 When an agency elects to utilize this Conflict Resolution Procedure, the objecting Coastal Program Agency must reduce its objection to writing, specifying in clear and concise terms the issues that must be resolved to achieve compliance with the PROGRAM. Representatives of the conflicting agencies must meet to resolve the specified issues. A representative of the Department will be made available upon request to assist in the resolution.109.03 If such a meeting does not result in resolution, the governing body of the agency objecting to the action will determine whether the proposed action is consistent with its regulatory authorities. If the governing body of a Coastal Program Agency objects to the proposed action, then it will be considered out of compliance with the PROGRAM. 109.04 Any interested party may petition the governing body of the objecting Coastal Program Agency, or the Commission to hold a hearing on an action determined to be inconsistent to hear any new information that should be brought to bear on the subject. The Commission may, in its discretion, hold such a hearing. If held by the Commission, the Commission will state its recommendations for the record. However, a Coastal Program Agency commenting within the purview of its primary jurisdiction will prevail in its regulatory comments.22 Miss. Code. R. 23-19-109