11 Miss. Code R. § 8-2.5-71-7109

Current through December 10, 2024

Section 11-8-2.5-71-7109 - Who May Receive an Award

Appropriate costs and expenses including attorneys' fees may be awarded:

(a) to any person from the permittee, if the person initiates any administrative proceedings reviewing enforcement actions, upon a finding that a violation of the act, regulations or permit has occurred, or that an imminent hazard existed, or to any person who participates in an enforcement proceeding where such a finding is made if the Commission determines that the person made a substantial contribution to the full and fair determination of the issues and that prior to the person's involvement, the Department had not commenced or was not diligently pursuing an administrative or civil enforcement action regarding the matter, which may include an inspection of the surface coal mining and reclamation operation in response to a complaint;

(b) to any person other than a permittee or his representative from the Department, if the person initiates or participates in any proceeding under the act, upon a finding by the Commission or Permit Board, as appropriate, that the person made a substantial contribution to a full and fair determination of the issues and that the person substantially prevailed in the proceeding;

(c) to a permittee from the Department when the permittee demonstrates and the Commission finds that the Department issued or recommended that the Commission issue an order of cessation, a notice of violation, or an order to show cause why a permit should not be suspended or revoked, in bad faith and for the purpose of harassing or embarrassing the permittee;

(d) to a permittee from any person where the permittee demonstrates that the person initiated an administrative proceeding under the act or participated in such a proceeding in bad faith for the purpose of harassing or embarrassing the permittee; or

(e) to the Department where it demonstrates that any person applied for administrative or judicial review of a Department, Permit Board, or Commission decision made under the act or that any party participated in such a proceeding in bad faith and for the purpose of harassing or embarrassing the government.

11 Miss. Code. R. § 8-2.5-71-7109