Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 9 - SURFACE COAL MINING AND RECLAMATION OF LAND (§§ 53-9-1 — 53-9-123) › MISSISSIPPI SURFACE COAL MINING AND RECLAMATION LAW (§§ 53-9-1 — 53-9-91) › Section 53-9-77 - Administrative review; appeal of decisions of the permit board

(1)
Unless otherwise expressly provided in this chapter, any interested party aggrieved by any action of the permit board taken under this chapter may request a formal hearing before the permit board as provided in Section
49-17-29(4)
. Any interested party aggrieved by any action of the commission, executive director or the executive director's authorized representative taken under this chapter may request a formal hearing before the commission as provided in Section
49-17-41
. Any person who participated as a party in a formal hearing before the permit board may appeal from a final decision of the permit board made under this chapter as provided in Section
49-17-29(5)
. Any person who participated as a party in a formal hearing before the commission may appeal from a final decision of the commission made under this chapter as provided in Section
49-17-41
.
(2)
(a)
Any public hearing of the permit board provided for under this chapter shall be deemed to be the same hearing as otherwise afforded to any interested party by the permit board under Section
49-17-29(4)(a)
. Any formal hearing of the permit board provided for under this chapter shall be deemed to be the same hearing as otherwise afforded to any interested party by the permit board under Section
49-17-29(4)(b)
.
(b)
Any public hearing of the commission provided for under this chapter shall be deemed to be the same hearing as afforded under Section
49-17-35
. Any formal hearing of the commission provided for under this chapter shall be deemed to be the same hearing as afforded under Section
49-17-41
.
(3)
(a)
In conducting any formal hearing under this chapter the permit board shall have the same authority to subpoena witnesses, administer oaths, examine witnesses under oath and conduct the hearing as provided in Section
49-17-29
.
(b)
In conducting any formal hearing under this chapter the commission shall have the same authority to subpoena witnesses, administer oaths, examine witnesses under oath and conduct the hearing as provided in Section
49-17-41
.
(4)
(a)
The commission may appoint a hearing officer to conduct any formal hearing under this chapter. The hearing officer shall have the same authority to conduct the hearing as provided the commission under Section
49-17-41
.
(b)
Upon written request by an alleged violator under Section
53-9-69
, the commission or the hearing officer shall conduct a formal hearing and may, upon the basis of evidence presented at the hearing, stay any action taken by the executive director or the executive director's authorized representative under Section
53-9-69
. The hearing officer may require a bond, if the hearing officer stays the action.
(5)
Except as provided in Section
53-9-67
, the availability of judicial review under this section shall not limit any rights established under Section
53-9-67
.
Laws, 1979, ch. 477, § 33; Laws, 1997, ch. 306, § 37; Laws, 1998, ch. 373, § 4, eff. 3/16/1998.