Current through January 14, 2025
Section 11-8-2.5-63-6309 - Review of Decision Not to Inspect or Enforce(a) Any person who is or may be adversely affected by a coal exploration, development or surface coal mining and reclamation operation may ask the Commission to review the decision of the Executive Director or his authorized representative not to inspect or take appropriate enforcement action with respect to any violation alleged by that person in a request for inspection under § 6303. The request for review shall be in writing and include a statement of how the person is or may be adversely affected and why the decision merits review.(b) The Commission shall conduct the review and inform the person, in writing, of the results of the review within 30 days of his or her receipt of the request. The person alleged to be in violation shall also be given a copy of the results of the review, except that the name of the citizen shall not be disclosed unless confidentiality has been waived or disclosure is required under applicable state law. If the person bringing the matter before the Commission is aggrieved by the action or inaction of the Commission in the matter, he or she may appeal the Commission's action pursuant to § 53-9-77.(c) Review under this Section shall not affect any right to a citizen's suit under § 53-9-67.11 Miss. Code. R. § 8-2.5-63-6309