Mississippi Administrative Code

The District's Board of Commissioners meetings are held on the third Wednesday of each month and begin promptly at 10:00 A.M. in the Board Room of the District's Office. Board of Commissioner meetings are open to the general public and are conducted pursuant to the Mississippi Op…

Any person wishing to appear before the Board of Commissioners to make an oral presentation may do so by sending his or her request, in writing, to the Board of Commissioners, in care of the District's Executive Director, at the District's Office. Requests must be received no lat…

Persons attending a Board of Commissioners meeting who may wish to comment on a topic appearing on the agenda for that meeting may request to be recognized during the "Public Comment" portion of the meeting. Such requests must be made to the Board of Commissioners Chairman, immed…

The following rules shall control public hearings and hearings within the jurisdiction of the District, required by the Mississippi Administrative Procedures Law. This chapter applies to all oral proceedings held for the purpose of providing the public with an opportunity to make…

When a political subdivision, an agency, or a person requests an oral proceeding in regards to a proposed rule adoption, the requestor must submit a printed, typewritten, or legibly handwritten request that adheres to the following requirements: (a) Each request must be submitted…

Notice of the date, time, and place of all oral proceedings shall be filed with the Secretary of State's Office for publication in the Administrative Bulletin. The District shall provide notice of oral proceedings to each requestor. The oral proceedings will be scheduled no earli…

Written comments on proposed rules and regulations are encouraged and they may be submitted to the District's Executive Director or to the individual designated in the Administrative Procedures Act filing notice as the person to contact. If public oral proceedings are conducted, …

Public participation shall be permitted at oral proceedings in accordance with the following: (a) At an oral proceeding on a proposed rule, persons may make statements and present documentary and physical submissions concerning the proposed rule. (b) Persons wishing to make oral …

The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall (i) call proceeding to order; (ii) give a brief synopsis of the proposed rule, a statement of the statutory authori…

Physical and documentary submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the District, part of the rulemaking record, and are subject to the District's public records request procedur…

Any person with a substantial interest in the subject matter may request the District for a declaratory opinion by following the specified procedures. (a) "Substantial interest in the subject matter" as used in this chapter means a party is directly affected by the District's adm…

The District will issue declaratory opinions regarding the applicability to specified facts of: (a) a statute administered or enforceable by the District, (b) a rule promulgated by the District, or (c) an order issued by the District. Notes 33 Miss. Code. R. 501-5.2 Miss. Code An…

The District may, for good cause, refuse to issue a declaratory opinion. Without limiting the generality of the foregoing, the circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: (a) the matter is outside the primary jurisdi…

A declaratory opinion will not be issued where a similar request is pending before this agency, or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthor…

A declaratory opinion will not be issued if it may adversely affect the interests of the State, the District, or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise. Notes 33 Miss. Code. R. 501-5.5 Miss. Code Ann. § 51-8-27…

Where a request for a declaratory opinion involves a question of law, the District may refer the matter to the State Attorney General. Notes 33 Miss. Code. R. 501-5.6 Miss. Code Ann. § 51-8-27; Miss. Code Ann. § 25-43-2.103(2) Adopted 10/31/2019

A declaratory opinion will not be issued where the question involves eligibility for a license, permit, certificate or other approval by the District or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, or…

Each request must be printed, typewritten or in legible handwriting. Each request must be submitted on standard business letter size paper (8 1/2" by 11"). Requests may be in the form of a letter addressed to the District or in the form of a pleading as might be addressed to a co…

A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the District may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary…

The District may give notice to any person that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from persons other than the requestor. Notes 33 Miss. Code. R. 501-6.11 Miss. Code Ann. § 51-8-27; Miss. Code Ann. § 25-43-2.1…

The requestor, or his attorney, shall append to the request for a declaratory opinion a listing of all persons, with addresses, known to the requestor who may have an interest in the declaratory opinion sought to be issued, and shall mail a copy of the request to all such persons…

All requests must be mailed or delivered to the District. The request and its envelope shall clearly state that it is a request for a declaratory opinion. Oral and telephone requests are unacceptable. Notes 33 Miss. Code. R. 501-6.2 Miss. Code Ann. § 51-8-27; Miss. Code Ann. § 25…

Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request. The signing party shall attest that …

A request must be limited to a single transaction or occurrence. Notes 33 Miss. Code. R. 501-6.4 Miss. Code Ann. § 51-8-27; Miss. Code Ann. § 25-43-2.103(2) Adopted 10/31/2019

Each request must contain the following: (a) a clear identification of the statute or rule at issue; (b) the question for the declaratory opinion; (c) a clear and concise statement of all facts relevant to the question presented; (d) the identify of all other known persons involv…

The terms of the proposed opinion suggested by the requestor may be submitted with the request, but the form and content of the opinion remains within the discretion of the District. Notes 33 Miss. Code. R. 501-6.6 Miss. Code Ann. § 51-8-27; Miss. Code Ann. § 25-43-2.103(2) Adopt…

A request may contain an argument by the requestor in support of the terms of the proposed opinion suggested by the requestor. The argument may be submitted in the form of a memorandum of authorities, containing a full discussion of the reasons and any legal authorities, in suppo…

Within forty-five (45) days after the receipt of a complete request for a declaratory opinion which complies with the requirements of these rules, the District shall, in writing: (a) issue an opinion declaring the applicability of the specified statute, rule, or order to the spec…

The forty-five (45) day period shall begin on the first State of Mississippi business day that the request is received by the District. Notes 33 Miss. Code. R. 501-6.9 Miss. Code Ann. § 51-8-27; Miss. Code Ann. § 25-43-2.103(2) Adopted 10/31/2019

If the District, in its sole discretion, deems a hearing necessary or helpful in determining any issue concerning a request for a declaratory opinion, the District may schedule such a hearing. Notice of the hearing shall be given to all interested parties unless waived. Notice ma…

Procedure for conducting a hearing, including but not limited to the manner of presentation, the time for presentation, and whether and how evidence may be taken, shall be within the discretion of the District. Notes 33 Miss. Code. R. 501-7.2 Miss. Code Ann. § 51-8-27; Miss. Code…

The District shall allow the requestor to participate in any hearing. The District may allow any other persons or entities to participate in the hearing in its discretion. Submission of a request for a declaratory opinion or for a hearing does not automatically entitle the reques…

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the District's public records rules and regulations. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions…

The following procedures in this Chapter 8 shall govern formal hearings and requests for reconsideration. Any person, firm or corporation that has been aggrieved by a final decision of the District and its Board of Commissioners may request an evidentiary hearing within fourteen …

The District shall fix the time and place of such hearing and shall notify all parties thereto by certified mail. Individuals coming before the District may appear personally, by counsel, or both, produce witnesses and cross-examine witnesses. The Chairman of the Board of Commiss…

The District is not authorized to issue subpoenas. Parties to an evidentiary hearing are responsible for assuring the attendance of their witnesses. Notes 33 Miss. Code. R. 501-8.3 Miss. Code Ann. § 51-8-27; Miss. Code Ann. § 25-43-2.104(b) Adopted 10/31/2019

(a) Direct testimony of each witness to be relied upon during the hearing shall be pre-filed with the District 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 District this requirement may be modified…

It is the policy of the District to provide for inspection and copying of its identifiable public records by all people of the State of Mississippi who request such inspection or copying, consistent with the provisions of the Mississippi Public Records Act, Section 25-61-1 throug…

(a) Identifiable Public Record: A public record is identifiable if a reasonably specific description of the record, such as the date, the subject matter and persons involved, or other identifier that will permit location or retrieval of the record, is given in the request for pro…

(a) Records Available: All identifiable public records of the District not exempt pursuant to § 25-61-9 and § 25-61-11 of the Public Records Act or other applicable law or judicial decision are available for inspection or copying, or both, pursuant to the procedures herein. (b) R…

(a) Notice of Request: For the purpose of providing notice of a request for inspection, examination, copying or reproduction to a third party that has submitted trade secrets or confidential commercial or financial information, pursuant to § 25-61-9 of the Public Records Act, twe…

(a) Costs: A fee reasonably calculated to reimburse the District the actual cost of searching, reviewing, reproducing, and transmitting copies of public records shall be paid in advance of complying with a request, as follows: (i) Basic search, review, and reproduction charge: $1…

Expedited requests for services in emergency situations that cannot wait for scheduled handling will be charged an additional handling fee of $20.00. Notes 33 Miss. Code. R. 501-9.6 Miss. Code Ann. § 51-8-27; Miss. Code Ann. § 25-43-2.104(a) Adopted 10/31/2019

Fees and charges shall be paid by check or money order made payable to the District or by Visa or MasterCard credit or debit cards. A charge of $40.00 per item will be assessed for checks returned for insufficiency. Notes 33 Miss. Code. R. 501-9.7 Miss. Code Ann. § 51-8-27; Miss.…

(a) All previously promulgated rules or regulations that are inconsistent with any provisions set forth above are hereby repealed. (b) Conflicts between this regulation and existing statutes or statutes hereinafter made relating to access to public District records and fees charg…

Upon receipt of a permit application to divert surface water or withdraw groundwater, staff members within the Yazoo Mississippi Delta Joint Water Management District permitting program will review the permit application and ensure that it is complete, insofar as it contains all …

(a) Upon determining that a permit application for a new permit for the diversion of surface water or withdrawal of groundwater includes the required information and signatures, staff members within the Yazoo Mississippi Delta Joint Water Management District permitting program wi…