Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.14 - Written Pre-filed Testimony

Current through June 25, 2024
A. When filed. If
				required by the Permit Board or its Executive Director, written pre-filed
				testimony must be filed prior to hearing in accordance with deadlines specified
				in the scheduling letter sent by the Permit Board or its designee. The parties
				may also mutually agree to shorten or extend the time for filing written
				pre-filed testimony.
B. Form.
				Written pre-filed testimony must be submitted in affidavit form which must be
				sworn and notarized.
C. Exhibits.
				Any exhibits which may be used at hearing, including paper and electronic
				documents, photographs, videos, etc., must be attached to the pre-filed
				testimony or provided prior to the evidentiary hearing in accordance with the
				deadlines established in the scheduling letter.
D. Who may submit pre-filed testimony. Any
				party to the proceeding may submit pre-filed testimony.
E. Limitation of pre-filed testimony. A
pro se
party may submit pre-filed testimony on his or her own
				behalf, but not on behalf of any other party. Alternatively, the parties may
				retain legal counsel, at their own expense, to file pre-filed testimony on
				their behalf and to represent their interests. Upon request, MDEQ's Legal Staff
				will provide any party, including a
pro se
party, with an
				example affidavit which may be used as a template for pre-filed
				testimony.
F. Submission of
				pre-filed direct testimony. All parties who wish to file pre-filed direct
				testimony and exhibits must file the testimony and exhibits with the Executive
				Director of the Permit Board on or before the date specified in the scheduling
				letter. A copy of any pre-filed direct testimony must be mailed to all parties
				and the permittee or permit applicant, if not a party, by the deadline for
				filing specified in the scheduling letter.
G. Submission of pre-filed rebuttal
				testimony. All parties who wish to file pre-filed rebuttal testimony and
				exhibits must file same with the Executive Director of the Permit Board on or
				before the deadline specified in the scheduling letter. A copy of any pre-filed
				rebuttal testimony must be mailed to all parties, and the permittee or permit
				applicant if not a party, by the deadline for filing specified in the
				scheduling letter. Pre-filed rebuttal testimony is limited to the scope of
				direct testimony that it is offered to rebut.
H. Submission of motions and motion
				responses. All parties must file any motions and motion responses with the
				Executive Director of the Permit Board on or before the deadline specified in
				the scheduling letter. A copy of any motions and motion responses must be
				mailed to all parties and the permittee or applicant, if not a party, by the
				deadline for filing specified in the scheduling letter.
I. Waiver and modification. The Permit Board,
				or its Executive Director, has the discretion to waive or modify the pre-filed
				document requirements.
J. Copies of
				pre-filed testimony, motions, responses, and witness lists. All parties must
				file the original and 10 copies of any pre-filed direct testimony, pre-filed
				rebuttal testimony, motions, responses, witness lists, and exhibits with the
				Executive Director of the Permit Board pursuant to the deadlines established in
				the scheduling letter and in accordance with Rule 6.13.
K. Procedure after Permit Board waiver. If
				the Permit Board, or its Executive Director, in its discretion waives the
				requirements for pre-filed testimony, then at least seven days before the
				hearing, all parties involved in the proceedings shall exchange a list of all
				witnesses each party anticipates will be called during the hearing, accompanied
				by a brief statement of the testimony expected from each. All parties must also
				exchange copies of all exhibits and documents they expect to introduce as
				evidence at the evidentiary hearing at least seven days prior to the hearing.
				Any motions will be considered prior to opening statements. The Hearing Officer
				may rule upon non-dispositive motions. At the hearing, each party may make
				opening and closing statements. Witnesses will be subject to direct
				examination, cross examination, and redirect examination. Re-cross examination
				will be allowed at the discretion of the Hearing Officer or the Permit Board.
				The Permit Board members and the Hearing Officer may question the witnesses at
				any time during the hearing.
L.
				Witness and exhibit list. A list of witnesses each party intends to call for
				direct and cross-examination and a copy of all exhibits and documents to be
				used at the hearing must be filed with the Executive Director of the Permit
				Board and a copy provided to all parties and the permittee (or permit
				applicant), if not a party, by the date specified in the scheduling letter or,
				if the Permit Board waived the requirement for pre-filed direct and rebuttal
				testimony, by the deadlines specified in Rule 6.14.K.
M. Failure to follow procedural rules.
				Failure to submit pre-filed testimony, exhibits, and documents in the manner
				set forth by these rules without expressed waiver or modification by the Permit
				Board or the Hearing Officer is grounds for exclusion of such testimony,
				exhibits, and documents from the evidentiary hearing.
Miss. Code Ann. §
										49-17-1,
				  et seq. (Rev. 2012).