Section 11-8-2.2-15-1503 - Procedures: Initial Processing, Record keeping, and Notification Requirements(a)(1) Within 30 days of receipt of a petition, the Department shall notify the petitioner by certified mail whether or not the petition is complete under § 1505(b) or (c).(2) The State Geologist shall determine whether any identified coal resources exist in the area covered by the petition, without requiring any showing from the petitioner. If the State Geologist finds there are not any identified coal resources in that area, the State Geologist shall recommend to the Commission that the Petition to Designate Lands unsuitable be denied without prejudice, subject to the discovery of information indicating that coal resources do exist in the area covered by the petition. If the State Geologist determines that identified coal resources do exist in the area covered by the petition, he or she will consider all available information, including, without limitation, the information required by this Rule to be submitted in support of the petition, and will make a recommendation to the Commission for action at the conclusion of his or her review.(3) The Commission may deny petitions for designations or terminations of designations which are incomplete, frivolous, or if the petitioner does not meet the requirements of § 1505(a). A frivolous petition is one in which the allegations of harm lack serious merit. Once the requirements of § 1505 are met, no party shall bear any burden of proof, but each accepted petition shall be considered and acted upon by the Commission pursuant to the procedures of this Rule.(4) When considering a petition for an area which was previously and unsuccessfully proposed for designation, the Commission shall determine if the new petition presents new allegations of fact. If the petition does not contain new allegations of fact, the Commission shall deny the petition, with a statement of its findings and a reference to the record of the previous designation proceedings where the facts were considered.(5) If the Commission determines that the petition is incomplete or frivolous, it shall deny the petition, with a written statement of the reasons for the determination and the categories of information needed to make the petition complete.(6) The Commission shall notify the person who submits a petition of any application for a permit received which proposes to include any area covered by the petition, unless the Commission has denied the petition prior to the receipt of the application.(7) The Commission may determine, in deference to Permit Board procedures stated in the act and these regulations, not to process any petition received, or a part of a petition, that pertains to lands for which a complete permit application has been filed and the first newspaper notice has been published. Based upon such a determination, the Permit Board may issue a decision on a complete and accurate permit application, and the Commission shall inform the petitioner why it has determined not to consider the part of the petition pertaining to the proposed permit area.(b)(1) Promptly after a petition is received, the Commission shall notify the general public of the receipt of the petition by a newspaper advertisement placed in the locale of the area covered by the petition, and in the newspaper providing broadest circulation in the region of the petitioned area. The Commission shall make copies of the petition available to the public and shall provide copies of the petition to other interested governmental agencies, intervenors, persons with an ownership interest of record in the property, and other persons known to the Commission to have an interest in the property. Proper notice to persons with an ownership interest of record in the property shall comply with the requirements of applicable State law.(2) The Commission may provide for a hearing or a period of written comments on completeness of petitions. If a hearing or comment period on completeness is provided, the Commission shall inform interested governmental agencies, intervenors, persons with an ownership interest of record in the property, and other persons known to the Commission to have an interest in the property of the opportunity to request to participate in such a hearing or provide written comments. Proper notice to persons with an ownership interest of record in the property shall comply with the requirements of the Act. Notice of such a hearing shall be made by a newspaper advertisement placed in the locale of the area covered by the petition, and in the newspaper providing broadest circulation in the region of the petitioned area. The Commission shall notify the petitioner of such a hearing by certified mail. On the basis of a Commission review as well as consideration of all comments, the Commission shall determine whether the petition is complete.(3) Within twenty days after the determination that a petition is complete, the Commission shall circulate copies of the petition to, and request submissions of relevant information from, other interested government agencies, the petitioner, intervenors, persons with an ownership interest of record in the property and other persons known to the Commission to have an interest in the property. For purposes of this Rule, a complete petition shall be defined in the same way that a complete application is defined in § 105.(4) Within twenty days after the determination that a petition is complete, the Commission shall notify the general public of the receipt of the petition and request submissions of relevant information by a newspaper advertisement placed once a week for two consecutive weeks in the locale of the area covered by the petition, in the newspaper of largest circulation in the state and in any official state register of public notices.(c) Any person may provide written or oral comment for consideration by the Commission during a public hearing conducted pursuant to § 1509.(d) Beginning immediately after a complete petition is filed, the Commission shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the Commission. The Commission shall make the record available for public inspection free of charge and copying at reasonable cost during all normal business hours at a central location of the county or multi county area in which the land petition is located and at the Commission.(e) After an interested party has filed a petition, but before the public hearing is held pursuant to § 1509 of these regulations, any other interested party may intervene by filing a petition that complies with § 1505. An intervenor may adopt by reference all or part of a petition previously filed by another party.11 Miss. Code. R. § 8-2.2-15-1503