Mississippi Administrative Code

All requests for declaratory opinions from the Commission must be in writing and mailed, e-mailed, delivered, or transmitted via facsimile specifically to the Executive Director of the Department. The facsimile telephone number for the Department may be found at its website, . No…

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, who shall attest that the request complies with the requirements set forth in these rules, including but not limited to,…

Each request shall contain the following: A. a clear and concise statement of all facts concerning which the opinion is requested, limited to a single transaction or occurrence; B. a citation to the statute or regulation or rule at issue; C. the question(s) sought to be answered …

Within forty-five (45) days after the receipt of a request which complies with the requirements of these rules, the Department on behalf of the Commission shall: A. issue a written declaratory opinion regarding the specified statute, rule, or order, as applied to the particular c…

The Department on behalf of the Commission may, at its discretion, provide notice to any person, agency, or entity that a declaratory opinion has been requested, and it may receive or consider data, facts, arguments, and/or opinions from other persons, agencies, or other entities…

. Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Commission's regulations concerning public records requests, known as Title 11, Part 1, Chapter 2. All declaratory o…

The Commission will not pursue any civil or criminal action against a person who is issued a declaratory opinion from the Executive Director of the Department on behalf of the Commission and who, in good faith, follows the direction given in the opinion and acts in accordance the…

Prior to the adoption, amendment, or repeal of rules and regulations administered by the Department, the Commission shall conduct a public hearing after public notice. Such notice shall be given by publication once a week for three (3) successive weeks in a newspaper having a gen…

. The date, time, and place of all oral proceedings for proposed rule-making shall be filed with the Office of the Secretary of State and, within three (3) days of such filing, mailed to anyone who makes a timely request. The oral proceedings shall be scheduled no earlier than tw…

The Executive Director of the Department, or his designee who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule. Notes 11 Miss. Code. R. 1-3.4 Miss. Code Ann. §§ 25-43-3.104, 25-43-1.101, et seq., 49-17-17(i), 49-17-25, 4…

A. At an oral proceeding on a proposed rule, persons may make oral statements and may make documentary and physical submissions, which may include views, comments, or arguments concerning the proposed rule. B. The presiding officer may place time limitations on individual oral pr…

A. Presiding officer. The presiding officer shall have authority to conduct the proceeding for proposed rule-making in his or her discretion for its orderly conduct. The presiding officer may: (1) call the proceeding to order; (2) allow for a brief synopsis of the proposed rule a…

Any person with a substantial interest in the subject matter may request a declaratory opinion from the Commission by following the specified procedures. "Substantial interest in the subject matter" means: an individual, business group, or other entity that is directly affected b…

The Department on behalf of the Commission will issue declaratory opinions regarding the applicability to specified facts of: A. a statute administered or enforceable by the Commission, B. a rule promulgated by the Commission, or C. an order issued by the Commission. The Commissi…

The Department on behalf of the Commission may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: A. lack of clarity concerning the question presented or situation…

As used in these regulations, the following terms shall have the following definitions: A. "Department" shall mean the Mississippi Department of Environmental Quality. B. "Executive Director" shall mean the Executive Director of the Mississippi Department of Environmental Quality…

A. By the adoption of these regulations, the Permit Board, pursuant to Miss. Code Ann. § 49-17-29 and § 51-3-15(1), delegates to the Executive Director the authority to make decisions on the issuance, reissuance, denial, modification, or revocation of Delegated Permits. Pursuant …

The appeal of any issuance, reissuance, denial, modification, or revocation of a Delegated Permit and the appeal of any issuance, reissuance, denial, recission or cancellation of a Delegated Surface Mining Permit by the Executive Director shall be appealable pursuant to Miss. Cod…

Reference is made to Miss. Code Ann. §§ 49-17-28 and 49-17-29 (Rev. 2012), which create and set forth the duties and responsibilities of the Mississippi Environmental Quality Permit Board ("Permit Board"). The Permit Board issues, reissues, modifies, denies, transfers, and revoke…

All requests for declaratory opinions from the Permit Board must be in writing and mailed, e-mailed, delivered, or transmitted via facsimile specifically to the Executive Director of the Department. The facsimile telephone number for the Department may be found at its website, ht…

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, who shall attest that the request complies with the requirements set forth in these rules, including but not limited to,…

Each request shall contain the following: A. a clear and concise statement of all facts concerning which the opinion is requested, limited to a single transaction or occurrence; B. a citation to the statute or regulation or rule at issue; C. the question(s) sought to be answered …

Within forty-five (45) days after the receipt of a request which complies with the requirements of these rules, the Department on behalf of the Permit Board shall: The forty-five (45) day period for response shall begin running on the State of Mississippi business day on which th…

The Department on behalf of the Permit Board may, at its discretion, provide notice to any person, agency, or entity that a declaratory opinion has been requested, and it may receive or consider data, facts, arguments, and/or opinions from other persons, agencies, or other entiti…

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Commission's regulations concerning public records requests, known as MCEQ-2. All declaratory opinions and requests sh…

The Permit Board will not pursue any civil or criminal action against a person who is issued a declaratory opinion from the Executive Director of the Department on behalf of the Permit Board and who, in good faith, follows the direction given in the opinion and acts in accordance…

Prior to the adoption, amendment, or repeal of rules and regulations administered by the Department, the Permit Board shall conduct a public hearing after public notice. Such notice shall be given by publication once a week for three (3) successive weeks in a newspaper having a g…

The date, time, and place of all oral proceedings for proposed rule-making shall be filed with the Office of the Secretary of State and, within three (3) days of such filing, mailed to anyone who makes a timely request. The oral proceedings shall be scheduled no earlier than twen…

The Executive Director of the Department, or his designee who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule. Notes 11 Miss. Code. R. 1-5.4 Miss. Code Ann. § § 25-43-3.104, 25-43-1.101, et seq., 49-17-28, 49-17-29, and…

A. At an oral proceeding on a proposed rule, persons may make oral statements and may make documentary and physical submissions, which may include views, comments, or arguments concerning the proposed rule. B. The presiding officer may place time limitations on individual oral pr…

A. Presiding officer. The presiding officer shall have authority to conduct the proceeding for proposed rule-making in his or her discretion for its orderly conduct. The presiding officer may: (1) call the proceeding to order; (2) allow for a brief synopsis of the proposed rule a…

Any person with a substantial interest in the subject matter may request a declaratory opinion from the Permit Board by following the specified procedures. "Substantial interest in the subject matter" means: an individual, business group, or other entity that is directly affected…

The Department on behalf of the Permit Board will issue declaratory opinions regarding the applicability to specified facts of: A. a statute administered or enforceable by the Permit Board, B. a rule promulgated by the Permit Board, or C. an order issued by the Permit Board. The …

The Department on behalf of the Permit Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: A. lack of clarity concerning the question presented or situati…

These rules are adopted pursuant to Mississippi Code Annotated Section 49-17-29(3)(d) which provides the Mississippi Environmental Quality Permit Board ("Permit Board") may adopt rules of practice and procedure governing its proceedings consistent with the Mississippi Commission …

Any party to an evidentiary hearing may request a pre-hearing conference. Notes 11 Miss. Code. R. 1-6.10 Miss. Code Ann. § 49-17-1, et seq. (Rev. 2012). Adopted 5/14/2015

After the announcement of, or notice of intent to, request a formal evidentiary hearing before the Permit Board, there shall be no ex parte contacts relating to the facts or merits of the petitioner's request between any person in favor of or opposed to the hearing petition and t…

The Permit Board, through MDEQ, may enter a scheduling letter which may include provisions for setting a pre-hearing conference, and which also may include instructions and deadlines for the parties to submit pre-filed direct and rebuttal testimony, documentary evidence, motions,…

A. Number of copies. The original and 10 copies of all petitions, pre-filed testimony, exhibits, motions, pleadings of any nature, and any other type of documents required or allowed to be filed must be filed with the Permit Board either by hand delivery to or by mailing to the f…

A. When filed. If required by the Permit Board or its Executive Director, written pre-filed testimony must be filed prior to hearing in accordance with deadlines specified in the scheduling letter sent by the Permit Board or its designee. The parties may also mutually agree to sh…

A. Commencement. The Hearing Officer will open the hearing by identifying each of the parties and describing the subject of the hearing. B. Rules of evidence. The strict rules of evidence will not apply; however, all objections must be timely made. The Hearing Officer may limit o…

If the hearing petitioner fails to appear at the scheduled time and place set for the formal evidentiary hearing, the Permit Board may dismiss the petition for a formal evidentiary hearing. Notes 11 Miss. Code. R. 1-6.16 Miss. Code Ann. § 49-17-1, et seq. (Rev. 2012). Adopted 5/1…

The Permit Board may recess into executive session to deliberate in accordance with the following procedure: A. During the open meeting, a Permit Board member may move for a closed determination whether or not to declare an executive session. During the open meeting, the Permit B…

A. The Permit Board may make its decision immediately upon the conclusion of evidence and closing arguments. The Permit Board may take the matter under advisement and may postpone its final determination until a later Permit Board meeting. All final rulings affirming, modifying, …

All Permit Board rulings are final and conclusive unless appealed to the Chancery Court of the county of the situs in whole or in part of the subject matter within 20 days of the date the Permit Board votes to adopt and record the FOFCOLs into its minutes. "As recorded in the min…

These procedures govern formal evidentiary hearings before the Mississippi Environmental Quality Permit Board ("Permit Board") held pursuant to Mississippi Code Annotated, Section 49-17-29(4)(b)(Rev. 2012), and apply to all parties including the Mississippi Department of Environm…

The hearing record for the formal evidentiary hearing consists of all transcripts of evidentiary hearings, motion hearings, arguments, and other proceedings on the record and of all exhibits, admitted as part of the record at the hearing or hearings, and of all papers filed by th…