Rule 11-6-1.3.6 - Review and AppealsA. Review of Certification Denial through Informal Review and Formal Hearings. (1) Prior to the denial of an application for certification, the Department shall issue a notice of intent to deny certification to the applicant. Upon receipt of the notice of intent to deny, the applicant is encouraged immediately to contact the Department for further discussions regarding the application for certification.(2) Within thirty days after the date the Department denies and/or revokes certification, an applicant may file a written request for an informal review with the Department. The Department shall fix the time and place of such informal review and shall notify the applicant thereof.(3) Within thirty days after (1) the date the Department denies certification or (2) the date of the informal review in which the Department makes a decision to continue to deny certification, the applicant may file a written request for a formal hearing before the Permit Board. The request shall set forth grounds for the hearing request and be made in accordance with Miss. Code Ann § 49-17-29(4)(b).(4) If an initial decision to deny the application is made by the Permit Board instead of by the Department, the applicant may request a formal hearing before the Permit Board pursuant to Miss. Code Ann. § 49-17-29(b).B. Review of Other Certification Actions. Any interested party aggrieved by an action of the Department or the Permit Board concerning a water quality certification may request a formal hearing before the Permit Board within thirty days after the date the Permit Board takes action, as recorded in the minutes of the Permit Board, pursuant to Miss. Code Ann. § 49-17-29(b). "As recorded in the minutes of the Permit Board" means the date of the Permit Board meeting at which the action concerned is taken by the permit board.C. Appeals of Certification Action. Following the formal hearing, the final action of the Permit Board upon such matters shall be conclusive unless the applicant perfects an appeal to the appropriate chancery court within twenty days of the Permit Board's action, as specified by Miss. Code Ann. § 49-17-29(4)(c) and (5).11 Miss. Code. R. 6-1.3.6
Miss. Code Ann. §§ 49-2-1, et seq. and 49-17-1, et seq.