Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 3 - Administrative Procedures for Formal Hearings on, and Review of Commission Rules and Regulations › Rule 40-1-3.8 - Petition for Reconsideration Before the Commission

Current through June 25, 2024
A.
				After the Commission has acted upon a rule, regulation or public notice, any
				party(ies) opposed to the rule, regulation or public notice, that complies with
				Section 7 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
				or public notice.
B. Petitions for
				Reconsideration of the issuance, denial or revocation of permits may be made by
				any party requesting same, being denied same, or having same revoked, and if
				made, the petition must be in accordance with the other terms of this document.
				The Petition for Reconsideration must be filed within fourteen (14) days of the
				decision to issue, deny or revoke the permit. Petitions for Reconsideration of
				decisions on permits will be conducted in accordance with the provisions of
				paragraph 4 below and Article II of this document. When a Petition for
				Reconsideration is filed by an objector to the issuance of a permit, the
				applicant / recipient may be required to defend the decision of the
				Commission.
C. 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 or double-spaced. The original and ten (10) copies of the Petition for
				Reconsideration must be filed with the Commission through MDWFP.
Filing may be accomplished by mail, but filing shall be
				  considered timely only if the Petition is received within the time period
				  described above.
D. 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 MDWFP 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.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  49-1-29,
				  and
				  49-4-4.