Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 9 - Enforcement, Hearings, and Appeals › Rule 11-8-1.9.1 - Enforcement and Appeals

Current through June 25, 2024
A. When an employee
				  of the Department files a report alleging a violation or when any person files
				  a complaint with the Commission alleging that any other person is in violation
				  of any rule and regulation, or any condition of a permit, the Commission shall
				  notify the alleged violator and conduct an investigation of the complaint. Upon
				  finding a basis for the complaint, the Commission shall cause written notice of
				  the complaint, specifying the section of law, rule, regulation or permit
				  alleged to be violated and the facts of the alleged violations, to be served
				  upon that person. The Commission may require the person to appear before the
				  Commission at a time and place specified in the notice to answer the charges.
				  The time of appearance before the Commission shall be not less than twenty (20)
				  days from the date of the mailing or service of the complaint, whichever is
				  earlier. If the Commission finds no basis for the complaint, the Commission
				  shall dismiss the complaint.
B. The
				  Commission shall afford an opportunity for a formal hearing to the alleged
				  violator at the time and place specified in the notice or at another time or
				  place agreed to in writing by both the Department and the alleged violator, and
				  approved by the Commission. On the basis of the evidence produced at the formal
				  hearing, the Commission may enter an order which in its opinion will best
				  further the purposes of this chapter and shall give written notice of that
				  order to the alleged violator and to any other persons which appeared at the
				  formal hearing or made written request for notice of the order. The Commission
				  may assess penalties as provided by law. Any formal hearing shall be of
				  record.
C. Except as otherwise
				  expressly provided, any notice or other instrument issued by or under authority
				  of the Commission may be served on any affected person personally or by
				  publication, and proof of that service may be made in the same manner as in
				  case of service of a summons in a civil action. The proof of service shall be
				  filed in the office of the Commission. Service may also be made by mailing a
				  copy of the notice, order, or other instrument by certified mail, directed to
				  the person affected at the person's last known post office address as shown by
				  the files or records of the Commission. Proof of service may be made by the
				  affidavit of the person who did the mailing and shall be filed in the office of
				  the Commission.
D. Any person who
				  participated as a party in the formal hearing may appeal a decision of the
				  Commission under this rule as provided in Miss. Code Ann. §
										49-17-41.
Miss. Code Ann.
					 §§
											53-7-1, et
					 seq., 49-2-1, et seq., and 49-17-1, et seq.