reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 11 - RULES AND REGULATIONS ESTABLISHING PROCEDURES FOR THE DISPOSITION OF EQUIPMENT AND/OR NETS SEIZED BY THE MISSISSIPPI COMMISSION ON MARINE RESOURCES IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-11-02-101

Current through June 25, 2024
The MCMR is required in §
									49-15-15(1)
				  (k), as amended, to provide for the
				  disposition of this equipment if the sale thereof is not directed by the
				  justice court as provided in §
									49-15-65
				  of the Mississippi Code Ann. of 1972, as amended.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 11 - RULES AND REGULATIONS ESTABLISHING PROCEDURES FOR THE DISPOSITION OF EQUIPMENT AND/OR NETS SEIZED BY THE MISSISSIPPI COMMISSION ON MARINE RESOURCES IN THE STATE OF MISSISSIPPI › Chapter 03 - Regulations on Sale and Disposition of Seized Equipment and/or Nets › Section 22-11-03-100

Current through June 25, 2024
Prior to the sale of any equipment or nets seized pursuant to
				  §
									49-15-1,
et seq
. of the Mississippi Code Ann. of 1972, as amended, the
				  MCMR shall review each item and determine which shall be sold and which shall
				  be destroyed.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 11 - RULES AND REGULATIONS ESTABLISHING PROCEDURES FOR THE DISPOSITION OF EQUIPMENT AND/OR NETS SEIZED BY THE MISSISSIPPI COMMISSION ON MARINE RESOURCES IN THE STATE OF MISSISSIPPI › Chapter 03 - Regulations on Sale and Disposition of Seized Equipment and/or Nets › Section 22-11-03-101

Current through June 25, 2024
All equipment or nets seized by the law enforcement officers
				  of the MCMR pursuant to §
									49-15-1
et
				  seq
. of the Mississippi Code Ann. of 1972, as amended, to be sold,
				  shall be sold at public auction for cash to the highest and best bidder. Each
				  public auction held by the MCMR shall be advertised at least once each week for
				  three consecutive weeks prior to the auction, the last notice to appear not
				  more than ten days nor less than five days prior to such auction. Such
				  advertisement shall be printed in a newspaper having general circulation in the
				  coastal counties of the State of Mississippi.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 11 - RULES AND REGULATIONS ESTABLISHING PROCEDURES FOR THE DISPOSITION OF EQUIPMENT AND/OR NETS SEIZED BY THE MISSISSIPPI COMMISSION ON MARINE RESOURCES IN THE STATE OF MISSISSIPPI › Chapter 03 - Regulations on Sale and Disposition of Seized Equipment and/or Nets › Section 22-11-03-102

Current through June 25, 2024
The advertisements providing notice of said public auction
				  shall contain a description of the property to be sold and a statement of the
				  time and place of the sale. The name of the owner of said property shall be
				  included at the discretion of the agency.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 11 - RULES AND REGULATIONS ESTABLISHING PROCEDURES FOR THE DISPOSITION OF EQUIPMENT AND/OR NETS SEIZED BY THE MISSISSIPPI COMMISSION ON MARINE RESOURCES IN THE STATE OF MISSISSIPPI › Chapter 03 - Regulations on Sale and Disposition of Seized Equipment and/or Nets › Section 22-11-03-103

Current through June 25, 2024
At the discretion of the agency, the equipment or nets to be
				  sold may be viewed by the public prior to the auction, whereupon notice of same
				  shall be included in the advertisements of public auction.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 11 - RULES AND REGULATIONS ESTABLISHING PROCEDURES FOR THE DISPOSITION OF EQUIPMENT AND/OR NETS SEIZED BY THE MISSISSIPPI COMMISSION ON MARINE RESOURCES IN THE STATE OF MISSISSIPPI › Chapter 03 - Regulations on Sale and Disposition of Seized Equipment and/or Nets › Section 22-11-03-104

Current through June 25, 2024
Sales of equipment or nets seized shall be held each year,
				  forty-five days, more or less, following the opening of shrimp season, as
				  provided in §
									49-15-15
				  of the Mississippi Code Ann. of 1972, as amended. Additional sales may be
				  scheduled at the discretion of the MCMR. Proceeds from sales conducted pursuant
				  to this Part shall be paid into the Seafood Fund of the MCMR.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 11 - RULES AND REGULATIONS ESTABLISHING PROCEDURES FOR THE DISPOSITION OF EQUIPMENT AND/OR NETS SEIZED BY THE MISSISSIPPI COMMISSION ON MARINE RESOURCES IN THE STATE OF MISSISSIPPI › Chapter 03 - Regulations on Sale and Disposition of Seized Equipment and/or Nets › Section 22-11-03-105

Current through June 25, 2024
Equipment or nets shall be destroyed only after approval has
				  been obtained from the MCMR and the MCMR has been notified of the reasons for
				  the destruction of said equipment or nets and the manner in which said
				  equipment or nets are to be destroyed.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 11 - RULES AND REGULATIONS ESTABLISHING PROCEDURES FOR THE DISPOSITION OF EQUIPMENT AND/OR NETS SEIZED BY THE MISSISSIPPI COMMISSION ON MARINE RESOURCES IN THE STATE OF MISSISSIPPI › Chapter 04 - Penalties › Section 22-11-04-100

Current through June 25, 2024
Any unlawful act under this Part committed by any person,
				  firm, or corporation shall be deemed a violation of the provisions of this Part
				  and shall constitute a misdemeanor and upon conviction, said person shall be
				  punished in accordance with Miss. Code Ann. §
									49-15-63, as
				  amended, unless a penalty is specifically provided elsewhere in the Mississippi
				  Code Ann. of 1972, as amended.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 11 - RULES AND REGULATIONS ESTABLISHING PROCEDURES FOR THE DISPOSITION OF EQUIPMENT AND/OR NETS SEIZED BY THE MISSISSIPPI COMMISSION ON MARINE RESOURCES IN THE STATE OF MISSISSIPPI › Chapter 05 - Chapters and Subchapters Declared Separable › Section 22-11-05-100

Current through June 25, 2024
Each chapter and subchapter of this Part is hereby declared
				  separable, and if any chapter or subchapter or part thereof shall be held
				  invalid or unconstitutional, the balance of said Title 22 Part 11 shall remain
				  in full force and effect.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 11 - RULES AND REGULATIONS ESTABLISHING PROCEDURES FOR THE DISPOSITION OF EQUIPMENT AND/OR NETS SEIZED BY THE MISSISSIPPI COMMISSION ON MARINE RESOURCES IN THE STATE OF MISSISSIPPI › Chapter 05 - Chapters and Subchapters Declared Separable › Section 22-11-05-101

Current through June 25, 2024
Violations of more than one chapter or subchapter of this
				  Part or part thereof shall be considered separate and punished as
				  such.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 11 - RULES AND REGULATIONS ESTABLISHING PROCEDURES FOR THE DISPOSITION OF EQUIPMENT AND/OR NETS SEIZED BY THE MISSISSIPPI COMMISSION ON MARINE RESOURCES IN THE STATE OF MISSISSIPPI › Chapter 06 - Administrative Procedures Act › Section 22-11-06-100

Current through June 25, 2024
Pursuant to the amendments to the Administrative Procedures
				  Act, §
									25-43-1.101,
et seq
., of the Mississippi Code Ann. of 1972, as amended, and
				  the rules and regulations promulgated pursuant thereto by the Secretary of
				  State; the former Ordinance 11.001 has been modified and the MCMR and
				  Mississippi Department of Marine Resources have adopted the terminology and
				  numbering system developed by the Secretary of State. Therefore, references to
				  "ordinance" or to "Part" appearing in these regulations or the underlying
				  statutes are used interchangeably and refer to the same
				  instrument.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 12 - VESSEL SEAFOOD TRANSPORT IN THE STATE OF MISSISSIPPI › Chapter 01 - INTRODUCTION › Rule 22-12-1.1

Current through June 25, 2024
This Part establishes regulations of vessel seafood
				  transport.
MISS. CODE ANN.
				  §§
										49-15-28,
				  49-15-34.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 12 - VESSEL SEAFOOD TRANSPORT IN THE STATE OF MISSISSIPPI › Chapter 02 - TRANSPORT PERMIT REQUIRED › Rule 22-12-2.1

Current through June 25, 2024
A transport permit is required for each vessel desiring to
				  land seafood in the state, which is legally taken outside of the Mississippi
				  territorial waters without obtaining a license under MISS. CODE ANN. §
									49-15-1
				  et seq.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 12 - VESSEL SEAFOOD TRANSPORT IN THE STATE OF MISSISSIPPI › Chapter 02 - TRANSPORT PERMIT REQUIRED › Rule 22-12-2.2

Current through June 25, 2024
A transport permit fee of one hundred dollars ($100.00) shall
				  be paid upon issuance of said transport permit.
MISS. CODE ANN.
				  §§
										49-15-28,
				  49-15-34.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 12 - VESSEL SEAFOOD TRANSPORT IN THE STATE OF MISSISSIPPI › Chapter 03 - PENALTIES › Rule 22-12-3.1

Current through June 25, 2024
Any unlawful act under this Part committed by any person,
				  firm, or corporation shall be deemed a violation of the provisions of this Part
				  and shall constitute a misdemeanor. In the case of continuing violations, each
				  day shall constitute a separate offense.
MISS. CODE ANN.
				  §§
										49-15-28,
				  49-15-34,
				  and
				  49-15-63.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 12 - VESSEL SEAFOOD TRANSPORT IN THE STATE OF MISSISSIPPI › Chapter 04 - CHAPTERS AND SUBCHAPTERS DECLARED SEPERABLE › Rule 22-12-4.1

Current through June 25, 2024
Each chapter and subchapter of this Part is hereby declared
				  separable, and if any chapter or subchapter or part thereof shall be held
				  invalid or unconstitutional, the balance of said Title 22 Part 12 shall remain
				  in full force and effect.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 12 - VESSEL SEAFOOD TRANSPORT IN THE STATE OF MISSISSIPPI › Chapter 04 - CHAPTERS AND SUBCHAPTERS DECLARED SEPERABLE › Rule 22-12-4.2

Current through June 25, 2024
Violations of more than one chapter or subchapter of this
				  Part or part thereof shall be considered separate and punished as such.
MISS. CODE ANN.
				  §
										49-15-301.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 13 - RULES AND REGULATIONS FOR AQUACULTURE IN THE MARINE ENVIRONMENT IN THE STATE OF MISSISSIPPI › Chapter 1 - Introduction

Current through June 25, 2024
This Part establishes the requirements for aquaculture
				activities in marine waters that require a permit under the provisions of the
				Coastal Wetlands Protection Act and the Mississippi Aquaculture Act of 1988,
				and said requirements are to be used in making permit decisions regarding
				regulated activities in marine waters and provide regulatory guidance for
				industry and resource agencies
MISS. CODE ANN.
				§§ 49-15-15, 49-27-1, 79-22-1
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 13 - RULES AND REGULATIONS FOR AQUACULTURE IN THE MARINE ENVIRONMENT IN THE STATE OF MISSISSIPPI › Chapter 2 - Definitions › Rule 22-13- 2.1 - Definitions

Current through June 25, 2024
A. ISLANDS - All islands in the territorial
				waters of the State of Mississippi, which includes, but is not limited to,
				Petit Bois, Hom, East Ship, West Ship, Cat, Round and Deer Islands.
B. MILE - For the purposes of this Title and
				Part, a mile shall be interpreted to mean one nautical mile.
C. NET-PEN -A net-pen shall refer to any
				aquaculture system that uses nets or cages suspended in the water column to
				grow fish or invertebrates excluding molluscan shellfish.
Miss. Code
				  Ann. §49-15-15
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 13 - RULES AND REGULATIONS FOR AQUACULTURE IN THE MARINE ENVIRONMENT IN THE STATE OF MISSISSIPPI › Chapter 4 - Requirements Specific to Finfish and Crustacean Aquaculture › Rule 22-13-4.1

Current through June 25, 2024
Net-pen or other containment systems for culturing finfish,
				  crustaceans or other non-molluscan marine organisms shall be located in waters
				  of sufficient depth. A minimum clearance of ten (10) feet below the bottom of
				  the net-pen system shall be maintained at all times. The distance shall be
				  measured at mean low water. If monitoring indicates a serious problem with
				  water quality or other environmental conditions at the site (i.e., when certain
				  limits for specific parameters established in the monitoring program or by the
				  Mississippi Department of Environmental Quality are exceeded), the operation
				  must be adjusted to reduce impacts.
Adjustments shall include, but are not limited to, modifying
				  the feeding rate or feeding schedule, reducing the amount of fish in the net-
				  pen system, or increasing or decreasing the clearance under the nets to allow
				  for increased water circulation.
Miss. Code
				  Ann. §§ 49-15-15, 49-27-1
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 13 - RULES AND REGULATIONS FOR AQUACULTURE IN THE MARINE ENVIRONMENT IN THE STATE OF MISSISSIPPI › Chapter 4 - Requirements Specific to Finfish and Crustacean Aquaculture › Rule 22-13-4.2

Current through June 25, 2024
Net-pen aquaculture operations shall not be located within
				  two (2) miles of the shoreline.
Miss. Code
				  Ann. §§ 49-15-15, 49-27-1
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 13 - RULES AND REGULATIONS FOR AQUACULTURE IN THE MARINE ENVIRONMENT IN THE STATE OF MISSISSIPPI › Chapter 4 - Requirements Specific to Finfish and Crustacean Aquaculture › Rule 22-13-4.3

Current through June 25, 2024
Variations to the requirements in this Chapter are allowed
				  for cultivation of filterfeeder species without commercial feeds, with approval
				  by the MCMR.
Miss. Code
				  Ann. §§ 49-15-15, 49-27-1
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 13 - RULES AND REGULATIONS FOR AQUACULTURE IN THE MARINE ENVIRONMENT IN THE STATE OF MISSISSIPPI › Chapter 4 - Requirements Specific to Finfish and Crustacean Aquaculture › Rule 22-13-4.4

Current through June 25, 2024
All purchases of live fish, regardless of life stage, must
				  be accompanied by a USDA accredited veterinarian signed "Certificate of
				  Veterinary Inspection" attesting to the good health of the
				  species.
Miss. Code
				  Ann. §§ 49-15-15, 49-27-1, 79-22-1
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 13 - RULES AND REGULATIONS FOR AQUACULTURE IN THE MARINE ENVIRONMENT IN THE STATE OF MISSISSIPPI › Chapter 5 - Monitoring Program Requirements › Rule 22-13-5.1

Current through June 25, 2024
The aquaculture operation must maintain records and provide
				  a monthly report of the following:
A.
				A daily record of the number of incidental deaths of vertebrate coastal
				wildlife that occur within the leased area. Additionally, the aquaculture
				operation must notify the MDMR immediately upon the injury or death of any
				threatened or endangered species, marine mammal, or raptor within the leased
				area.
B. An accounting of the stock
				added and harvested in a given month
C. On shore culture operators must maintain
				records of any transfers of brood stock, seed, gametes, or larvae.
D. All records must be maintained for a
				minimum of two years, and must be available to the MDMR for
				inspection.
Miss. Code
				  Ann. §§ 49-15-15, 49-27-1, 79-22-1
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 13 - RULES AND REGULATIONS FOR AQUACULTURE IN THE MARINE ENVIRONMENT IN THE STATE OF MISSISSIPPI › Chapter 5 - Monitoring Program Requirements › Rule 22-13-5.2

Current through June 25, 2024
The MDMR will maintain the following records provided by the
				  permittee while the aquaculture operation continues:
A. Construction and remodeling plans for any
				permitted aquaculture facility;
B.
				Aquaculture operational plans; and
C. Aquaculture permits.
Miss. Code
				  Ann. §§ 49-15-15, 49-27-1, 79-22-1
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 13 - RULES AND REGULATIONS FOR AQUACULTURE IN THE MARINE ENVIRONMENT IN THE STATE OF MISSISSIPPI › Chapter 5 - Monitoring Program Requirements › Rule 22-13-5.3

Current through June 25, 2024
The MDMR will inspect commercial land-based and float
				  aquaculture systems at least every six months.
Miss. Code
				  Ann. §§ 49-15-15, 49-27-1, 79-22-1
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 01 - Introduction › Section 22-15-01-100

Current through June 25, 2024
The Mississippi Administrative Procedures Law provides for
				  public notification and participation in the governmental process and such
				  provisions are applicable to the Mississippi Commission on Marine Resources
				  (hereinafter "Commission") and the Mississippi Department of Marine Resources
				  ("MDMR"). Pursuant to Miss. Code Ann. §§
									25-43-1.101,
				  et seq., the Commission has adopted the following regulations on public
				  document requests, hearings and declaratory opinions.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 02 - Agency Method of Operation › Section 22-15-02-100 - Requests for Information from the Department › Section 22-15-02-100.01

Current through June 25, 2024
Official MDMR information and files must be protected from
					 alteration, removal and damage and all access to public documents will be
					 controlled by MDMR employees.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 02 - Agency Method of Operation › Section 22-15-02-100 - Requests for Information from the Department › Section 22-15-02-100.02

Current through June 25, 2024
All requests for MDMR information and files shall be
					 submitted in writing to the Executive Director, Mississippi Department of
					 Marine Resources, 1141 Bayview Ave., Suite 101, Biloxi, MS
					 39530.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 02 - Agency Method of Operation › Section 22-15-02-100 - Requests for Information from the Department › Section 22-15-02-100.03

Current through June 25, 2024
The request must be marked "Request for Public Records" and
					 must describe the type of record, names, dates, file numbers, title of
					 publication and other information which may aid in locating the requested
					 public records. Depending on the type of request, staff may require submission
					 of a completed "Request for Disclosure of Public Records" form in order to
					 proceed with the search for information and files.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 02 - Agency Method of Operation › Section 22-15-02-100 - Requests for Information from the Department › Section 22-15-02-100.04

Current through June 25, 2024
The Executive Director or his designee will determine
					 whether the records sought are exempt from production under the Mississippi
					 Public Records Act (Miss. Code Ann. §§
										25-61-1,
					 et seq.) and any denials of access to exempt information or files will be
					 provided to the requester in writing.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 02 - Agency Method of Operation › Section 22-15-02-100 - Requests for Information from the Department › Section 22-15-02-100.05

Current through June 25, 2024
Individuals requesting inspection of MDMR public records
					 must be accompanied by MDMR personnel when inspecting MDMR records. Individuals
					 requesting inspection of MDMR public records will be advised as to when and
					 where they may inspect the records.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 02 - Agency Method of Operation › Section 22-15-02-100 - Requests for Information from the Department › Section 22-15-02-100.06

Current through June 25, 2024
A request for public records must be accompanied by
					 sufficient funds to defray the actual cost of searching, reviewing, copying
					 and, if applicable, mailing the requested records. MDMR staff will notify
					 requester of an estimate of costs to fulfill the request and said estimate will
					 be due upon notice. Failure to submit estimated defrayal costs will render the
					 request incomplete and staff will notify requester of denial of request. The
					 processing of the request will resume upon receipt by MDMR of payment of the
					 cost estimate.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 02 - Agency Method of Operation › Section 22-15-02-101 - Procedures for Other Inquiries and Requests for MDMR Action

Current through June 25, 2024
It is the policy of the Commission to be responsive to the
				  public in all matters within its jurisdiction. Pursuant to the provisions in
				  Miss. Code Ann. §
									25-43-2.104(b),
				  other inquiries (in addition to the requests for public documents) or requests
				  for action by the agency must be submitted in writing and directed to the MDMR
				  Executive Director, 1141 Bayview Avenue, Suite 101, Biloxi, MS
				  39530.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 03 - Procedures for Hearings on and Review of Commission Rules, Regulations and Public › Section 22-15-03-100 - Purpose

Current through June 25, 2024
The following rules shall control public hearings and
				  hearings within the jurisdiction of the Commission and the MDMR, pursuant to
				  the Administrative Procedures Law, Miss. Code Ann. §
									25-43-3.104(2)(d).
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 03 - Procedures for Hearings on and Review of Commission Rules, Regulations and Public › Section 22-15-03-101 - Scope of Rules

Current through June 25, 2024
These rules govern the conduct of public hearings on proposed
				  changes to existing Commission rules and regulations, and conducting hearings
				  on wetlands permits. Further, these rules provide the procedures for contesting
				  proposed rules, and requests for the Commission to reconsider its decisions on
				  the adoption of rules, regulations, public notices, and decisions of the
				  Commission on the issuance, denial, or revocation of coastal wetlands
				  permits.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 03 - Procedures for Hearings on and Review of Commission Rules, Regulations and Public › Section 22-15-03-102 - Written Comments › Section 22-15-03-102.01

Current through June 25, 2024
The MDMR will notify the public of proposed rulemaking by
					 publication in a newspaper having general circulation in the county or counties
					 potentially affected by the rule and on the MDMR website at
www.dmr.state.ms.us.
The MDMR
					 will also maintain a rule making docket of the public notices, hearings,
					 economic impact statements, rule adoptions and other rule making activities of
					 the Commission, including an index and full text of all current rules in
					 effect, on the MDMR website. In addition, the public may obtain a copy of the
					 any current rule or index by visiting the offices of the MDMR at 1141 Bayview
					 Ave., Suite 101, Biloxi, Mississippi, during normal office
					 hours.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 03 - Procedures for Hearings on and Review of Commission Rules, Regulations and Public › Section 22-15-03-102 - Written Comments › Section 22-15-03-102.02

Current through June 25, 2024
Written comments on proposed rules, regulations and coastal
					 wetland project permits are encouraged and they may be submitted to the
					 Executive Director of the MDMR or to the individual designated in the Notice as
					 the person to contact. If public hearings are conducted for a proposed wetland
					 project, written comments may be submitted no later than ten (10) working days
					 prior to the Commission meeting, at the public hearing, or at such other time
					 as set in the notice of the hearing. The public will be provided at least
					 twenty-five (25) days to respond after the filing of the proposed rule with the
					 Secretary of State (except as provided in Miss. Code §
										25-43-3.108
					 for emergency rule making in cases of imminent peril to the public). Written
					 comments presented at public hearings will be included as a part of the record
					 of the public hearing.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 03 - Procedures for Hearings on and Review of Commission Rules, Regulations and Public › Section 22-15-03-103 - Public Hearings

Current through June 25, 2024
For the purpose of these rules, "public hearing" means a
				  hearing that is conducted by the MDMR prior to the adoption of a rule,
				  regulation or coastal wetlands permit action and it does not refer to a
				  regularly scheduled Commission meeting. Public hearings shall be conducted only
				  when required by statute or when the Commission or the MDMR determines that
				  public hearings are warranted to provide additional public input prior to the
				  adoption of a rule, regulation or action on a public notice.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 03 - Procedures for Hearings on and Review of Commission Rules, Regulations and Public › Section 22-15-03-104 - Notice of Public Hearings

Current through June 25, 2024
If the determination is made to hold public hearings, then
				  notification to the public shall be published in a newspaper having general
				  circulation in the county or counties affected by the proposed rules,
				  regulations or public notices. The Commission or the Executive Director of the
				  MDMR may order such additional publication as deemed necessary and appropriate.
				  The notice should include the reason or purpose of the hearing, references to
				  the rules and regulations or wetlands project involved and the date, time, and
				  place of the hearing and the deadline for submitting written comments. The
				  notice should be published at least (1) three (3) days prior to the date of the
				  hearing for wetlands projects and at least twenty days prior to the date of the
				  hearing for rule making. Additional notification will be provided to
				  individuals that have personally requested notification pursuant to Miss. Code
				  Ann. §
									25-43-3.103.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 03 - Procedures for Hearings on and Review of Commission Rules, Regulations and Public › Section 22-15-03-105 - Conduct of Public Hearings › Section 22-15-03-105.01

Current through June 25, 2024
Public hearings will be conducted at times, locations and
					 facilities selected by the MDMR. Representatives or employees of the MDMR will
					 preside over the public hearing. Prior to the commencement of the hearing,
					 individuals in attendance will sign in on forms or registers provided by the
					 MDMR. At that time, they will indicate whether they wish to make oral comments
					 at the public hearing. Those individuals who indicate that they wish to make
					 oral comments will be called on to do so before the end of the public hearing.
					 Any individual called on to make oral comments may waive his election to do so.
					 Individuals not indicating their election to speak at the time that they sign
					 in at the hearing will not be called on to make oral comments. Individuals
					 called upon to make their oral comments will not be allowed to "pass" their
					 remarks until later in the hearing and will not be allowed to allot any unused
					 time to another individual.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 03 - Procedures for Hearings on and Review of Commission Rules, Regulations and Public › Section 22-15-03-105 - Conduct of Public Hearings › Section 22-15-03-105.02

Current through June 25, 2024
Comments during the hearing must address the subject of the
					 hearing. Comments on matters other than the subject of the hearing will not be
					 allowed and will not be part of the consideration of the Commission on the
					 proposed rule, regulation or coastal wetlands project. The representative or
					 employee of the MDMR who is selected to preside over the public hearing will
					 announce before the commencement of oral comments the length of time each
					 individual will be allowed to make comments. The time limit will be set after
					 considering the number of individuals requesting time for oral comments and the
					 total time available to conduct the entire public hearing.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 03 - Procedures for Hearings on and Review of Commission Rules, Regulations and Public › Section 22-15-03-105 - Conduct of Public Hearings › Section 22-15-03-105.03

Current through June 25, 2024
The presiding representative or employee will make any
					 additional orders, decisions and rulings which in his judgment are necessary
					 for the orderly, fair, and efficient conduct of the public
					 hearing.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 03 - Procedures for Hearings on and Review of Commission Rules, Regulations and Public › Section 22-15-03-105 - Conduct of Public Hearings › Section 22-15-03-105.04

Current through June 25, 2024
Presentations on proposed rules, regulations and coastal
					 wetlands projects may be allowed at the discretion of the Executive Director of
					 the MDMR or the presiding representative or employee. Applicants for coastal
					 wetlands permits should be prepared to make a presentation on the project at
					 their designated public hearing so as to inform the general public about the
					 proposed project.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 03 - Procedures for Hearings on and Review of Commission Rules, Regulations and Public › Section 22-15-03-106 - Contesting Proposed Rules

Current through June 25, 2024
Persons desiring to contest the making of any rule,
				  regulation or coastal wetlands project permit, may do so by attending the
				  public meetings on the proposed rule, regulation or coastal wetlands project
				  permit, and stating there the basis of their objection. Alternatively, persons
				  opposed to proposed rules, regulations, or coastal wetlands project permit may
				  object thereto by filing a written objection to the rules, regulations, or
				  coastal wetlands project permit with the Commission by mailing the objection to
				  the Executive Director of the MDMR at 1141 Bayview Ave., Suite 101, Biloxi, MS
				  39530 or emailing the objection to the "MDMR Directorate" at
www.dmr.state.ms.us
no later
				  than the time allowed for written comments. Only persons complying with one of
				  the two methods of objecting to proposed rules, regulations or coastal wetlands
				  permit application will be allowed to petition the Commission for
				  reconsideration of the rule, regulation, permit decision or public
				  notice.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 03 - Procedures for Hearings on and Review of Commission Rules, Regulations and Public › Section 22-15-03-107 - Petition for Reconsideration before the Commission › Section 22-15-03-107.01

Current through June 25, 2024
After the Commission has acted upon a rule, regulation or
					 coastal wetlands permit application, any party (parties) opposed to the rule,
					 regulation or coastal wetlands project permit that complies with Section 106
					 above, may request reconsideration of the Commission's decision by filing a
					 Petition for Reconsideration. The Petition for Reconsideration must be filed
					 within fourteen (14) days of the final adoption of the rule, regulation, permit
					 decision or public notice. The "final adoption" date, for purposes of
					 reconsideration is the day that the Commission takes action and votes on the
					 rule, regulation, permit decision or public notice, and not the day that its
					 minutes are approved.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 03 - Procedures for Hearings on and Review of Commission Rules, Regulations and Public › Section 22-15-03-107 - Petition for Reconsideration before the Commission › Section 22-15-03-107.02

Current through June 25, 2024
Petitions for Reconsideration of the issuance, denial or
					 revocation of coastal wetlands permits may be made by any party authorized by
					 Miss. Code Ann. §
										49-27-39
					 to take an appeal to chancery court, and if made, the petition must be in
					 accordance with the other terms of this ordinance. When a Petition for
					 Reconsideration is filed by an objector to the issuance of a wetlands permit,
					 the applicant may be required to defend the decision of the
					 Commission.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 03 - Procedures for Hearings on and Review of Commission Rules, Regulations and Public › Section 22-15-03-107 - Petition for Reconsideration before the Commission › Section 22-15-03-107.03

Current through June 25, 2024
The Petition shall state specifically the points of law or
					 facts which the party requesting the reconsideration believes the Commission
					 overlooked or misapprehended, and shall contain a statement of the action which
					 the party wishes the Commission to take. The Petition shall contain such
					 argument in support of the Petition as the requesting party wishes to present,
					 but in no event shall the Petition exceed fifteen (15) pages in length
					 (exclusive of exhibits). The Petition must be typed and double-spaced. The
					 original and twelve (12) copies of the Petition for Reconsideration must be
					 filed with the Commission through the MDMR. Filing may be accomplished by mail,
					 but filing shall be considered timely only if the Petition is received within
					 the time period described above.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 03 - Procedures for Hearings on and Review of Commission Rules, Regulations and Public › Section 22-15-03-107 - Petition for Reconsideration before the Commission › Section 22-15-03-107.04

Current through June 25, 2024
The Commission will consider the Petition for
					 Reconsideration at its next regular meeting which occurs more than ten (10)
					 days following the Petition's filing. The Commission may (1) make a final
					 disposition of the Petition by either granting or denying the requested action
					 without further argument; (2) request a response from the MDMR prior to making
					 a final disposition; (3) set the matter for an evidentiary hearing; or (4) make
					 such further order as it deems appropriate under the circumstances. Once a
					 Petition for Reconsideration has been considered and ruled on by the
					 Commission, no further requests for reconsideration will be
					 allowed.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-100 - Requesting an Evidentiary Hearing › Section 22-15-04-100.01

Current through June 25, 2024
The following procedures shall govern formal hearings and
					 requests for reconsideration when such are granted by the Commission. Any
					 request for hearing must be made within fourteen (14) days after the date the
					 Commission takes action upon permit issuance, denial, modification or
					 revocation, as shown on the Minutes of the Commission on Marine Resources; and
					 may be requested by any interested party aggrieved by such action. For the
					 purposes of this ordinance, an "interested party" in a request for
					 reconsideration of a matter involving a coastal wetlands permit is defined as
					 persons and organizations that have complied with the provisions of Mississippi
					 Code Section
					 49-27-39.
					 Persons, firms or organizations requesting reconsideration of decisions on
					 wetlands permitting issues will follow the provisions of this ordinance in
					 addition to those located in Chapter VIII Section 2, Part I.F. of the
					 Mississippi Coastal Program.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-100 - Requesting an Evidentiary Hearing › Section 22-15-04-100.02

Current through June 25, 2024
Any person, firm or corporation that has a license or
					 permit suspended or revoked may request an evidentiary
					 hearing.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-100 - Requesting an Evidentiary Hearing › Section 22-15-04-100.03

Current through June 25, 2024
The Commission may order and require an evidentiary hearing
					 on any matter within its jurisdiction.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-101 - Setting the Hearing › Section 22-15-04-101.01

Current through June 25, 2024
The Commission shall fix the time and place of such hearing
					 and shall notify all parties thereto by certified mail. Individuals coming
					 before the Commission may appear personally, by counsel, or both, produce
					 witnesses and cross-examine witnesses.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-101 - Setting the Hearing › Section 22-15-04-101.02

Current through June 25, 2024
The Commission shall delegate one of it members to act as
					 the presiding officer or obtain the services of counsel from the Attorney
					 General's Office to act as the presiding officer for the
					 Commission.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-102 - Witnesses

Current through June 25, 2024
The Commission is not authorized to issue subpoenas. Parties
				  to an evidentiary hearing are responsible for assuring the attendance of their
				  witnesses.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-103 - Pre-filing Testimony and Documents › Section 22-15-04-103.01

Current through June 25, 2024
Direct testimony of each witness to be relied upon during
					 the hearing shall be pre-filed with the Commission and copies of the same shall
					 be mailed to all parties seven (7) days prior to the hearing, except that in
					 the discretion of the Commission this requirement may be modified or waived.
					 Parties which call "adverse" witnesses shall not be required to submit
					 pre-filed testimony as contemplated in this paragraph. At least seven (7) days
					 prior to the hearing, all parties involved shall exchange copies of all
					 exhibits that will be introduced during the hearing indicating the party
					 offering and the witness who will sponsor each. The presiding officer may
					 permit an exception to these requirements when witnesses or exhibits are
					 necessary for rebuttal or impeachment. Failure to submit the above referenced
					 exhibits and the pre-filed testimony in a timely fashion shall be grounds for
					 exclusion of testimony of witnesses and exhibits from the hearing. Also, the
					 presiding officer, in his discretion, may call a pre-hearing conference prior
					 to any hearing to establish hearing guidelines and clarify
					 issues.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-103 - Pre-filing Testimony and Documents › Section 22-15-04-103.02

Current through June 25, 2024
Should the Commission waive the above mentioned requirement
					 for pre-filed testimony, then at least seven (7) days before the hearing, all
					 parties involved shall exchange a list of all witnesses each will call during
					 the hearing, a brief statement of the testimony expected from each witness, and
					 copies of all exhibits as set forth in 22 MISS ADMIN CODE 15.03.103.01
					 above.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-104 - Order of Proof › Section 22-15-04-104.01

Current through June 25, 2024
Statements or testimony shall be offered under oath and
					 shall be recorded. The presiding officer shall open the hearing by identifying
					 each of the parties thereto, describing the permit or matter that is the
					 subject of the hearing, and, if appropriate, the prior action taken thereupon
					 by the Commission. The presiding officer shall then inquire whether the parties
					 wish to exclude witnesses that have not testified from the hearing. If
					 witnesses that have not testified are excluded, no witnesses found improperly
					 present in the hearing room during the proceeding may
					 testify.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-104 - Order of Proof › Section 22-15-04-104.02

Current through June 25, 2024
The order of proof shall be such that the staff of the MDMR
					 shall present a brief analysis and recommendation with regard to the permit in
					 question, which shall be followed by presentation of proof by the non-objecting
					 party, if any, and subsequently by presentation of proof by the objecting party
					 and/or the staff of the MDMR.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-104 - Order of Proof › Section 22-15-04-104.03

Current through June 25, 2024
Each party shall be permitted to make a brief opening
					 statement with regard to its position. Each witness shall testify through
					 direct testimony which shall be pre-filed with the Commission pursuant to
					 requirements set forth in 22 MISS ADMIN CODE 15.03.103.01 above. The presiding
					 officer shall permit cross-examination, redirect examination limited to matters
					 raised on cross-examination and may permit recross-examination limited to
					 matters raised during redirect examination. Any Commissioner may, at any time,
					 question a witness.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-104 - Order of Proof › Section 22-15-04-104.04

Current through June 25, 2024
The strict rules of evidence shall not apply; however, all
					 objections must be made in a timely fashion. The presiding officer may limit or
					 exclude testimony which is redundant or not relevant to the issues before the
					 Commission.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-104 - Order of Proof › Section 22-15-04-104.05

Current through June 25, 2024
At the conclusion of the testimony and introduction of
					 documents, each party will be permitted to make a brief closing statement
					 summarizing the evidence offered by said parties in support of their respective
					 positions, at which time the hearing record shall be closed.