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 11-1-6.7 - Subpoenas and Record Requests

Current through June 25, 2024
A. Subpoenas. The
				Permit Board may subpoena and any party to the hearing may request subpoenas
				for appearance of witnesses who may have relevant knowledge and the same will
				be issued by the Executive Director of the Permit Board and served by any
				lawful officer in the county of the person to whom the subpoena will be
				directed.
B. Procedure. Upon the
				written request of any party or his or her attorney, no later than seven days
				prior to the evidentiary hearing, the Executive Director of the Permit Board
				may issue subpoenas. In issuing subpoenas, the original and all copies must
				show at whose instance the subpoena is issued. All persons responding to
				process issued under this rule will be entitled to the same
per
				diem
and mileage as witnesses attending the Circuit Courts in
				Mississippi. Such costs are to be borne by the party at whose instance the
				process is issued. Requesting parties are responsible for service of subpoenas
				on the subpoenaed witnesses.
C.
				Subpoenas
Duces Tecum
. Subpoenas
duces tecum
will be issued upon the written request of a party or his or her attorney,
				issued and served no later than 14 days prior to the evidentiary hearing, on
				parties or witnesses other than MDEQ and then only when the motion sets forth
				as plainly as possible the books, accounts, papers or records desired to be
				produced and the purpose of their production. Requests for MDEQ documents must
				be made through a public records request pursuant to 11 Miss. Admin. Code Pt.
				1, Ch. 2.
D. Motion to Quash
				Subpoenas and Subpoenas
Duces Tecum
. The Permit Board or the
				Hearing Officer may consider motions to quash subpoenas and subpoenas
duces tecum
, including such motion made by a non-party served
				with a subpoena or subpoena
duces tecum
. The Hearing Officer
				may schedule an expedited hearing or conference call to consider a motion to
				quash a subpoena or subpoena
duces tecum
.
E. Protection of Confidential Information. A
				party may file a motion to quash a subpoena
duces tecum
which
				seeks information concerning trade secrets pursuant to Miss. Code Ann.
				§§
									17-17-27(6)
				or
				49-17-39
				if the party properly asserted confidentiality over that information as
				described in those statutes and in 11 Miss. Admin. Code Pt. 1, Ch. 2.6. A party
				may alternatively produce the subpoenaed information with the trade secret
				information redacted. Challenges regarding the validity of a confidentiality
				claim may only be considered by the Mississippi Commission on Environmental
				Quality pursuant to Miss. Code Ann. §§
									17-17-29
				and
				49-17-39
				and 11 Miss. Admin. Code Pt. 1, Ch. 2.6.
F. Records Request. Requests for records from
				MDEQ may be made pursuant to the Mississippi Public Records Act through MDEQ's
				Freedom of Information Office pursuant to 11 Miss. Admin. Code Pt. 1, Ch. 2. If
				the party making a records request wishes to submit documents obtained as
				evidence at the evidentiary hearing, the documents must be submitted in
				accordance with Rule 6.3.G.
Miss. Code Ann.
				  §§
										49-17-29(4)(b)
				  and (5)(b); 49-17-1, et seq. (Rev. 2012);
				  17-17-27(6) (Rev. 2012); and 25-61-1, et seq. (Rev.
				  2010).