15 Miss. Code. R. 18-77-3.2.6

Current through December 10, 2024
Rule 15-18-77-3.2.6 - Notices, Hearings, and Orders
1.Notices: Whenever the health authority determines that there are reasonable grounds to believe that there has been a violation of any provision of this regulation, he/she shall give notice of such alleged violation to the owner or agent of the campground, as hereinafter provided. Such notice shall:
a. Be in writing.
b. Include a statement of the reasons for its issuance.
c. Allow a reasonable time for the performance of any act it requires.
d. Be served upon the owner or his/her agent as the case may require, provided such notice or order shall be deemed to have been properly served upon such owner or agent when a copy of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered mail to his/her last known address, or when he/she has been served with such notice by any other method authorized or required by the laws of this state.
e. Contain an outline of remedial action, which, if taken, will effect compliance with the provisions of this regulation.
2.Hearings: Any person affected by any notice which has been issued in connection with the enforcement of any provision of this regulation may request and shall be granted a hearing on the matter before the health authority. Such person shall file in the office of the health authority a written petition requesting such hearing and setting forth a brief statement on the grounds therefor. Upon receipt of such petition, the health authority shall set a time and place for such hearing, and the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed. However, upon application of the petition, the health authority may postpone the date of the hearing for a reasonable time beyond such 10-day period when in his/her judgment the petitioner has submitted good and sufficient reasons for such postponement.
3.Orders: After such hearing, the health authority shall make findings as to compliance with the provisions of this regulation and shall issue an order in writing sustaining, modifying, or withdrawing the notice which shall be served as provided in Item 4.6(d). Upon failure to comply with any order sustaining or modifying a notice, the permit of the campground affected by the order shall be revoked. Revoked permits may not be reissued, but a new permit may be issued if all requirements of this regulation are met.
4.Emergency Situations: Whenever the health authority finds that an emergency exists which requires immediate action to protect the public health, he/she may, without notice or hearing, issue an order citing the existence of such an emergency and requiring that such action be taken as he/she may deem necessary to meet the emergency, including the suspension of the permit. Notwithstanding any other provisions of this regulation, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the health authority shall be afforded a hearing as provided in Item 4.6(2). The provisions of Items 4.6(3) and 4.6(4) shall be applicable to such hearing and the order issued thereafter.
5.Notice of Revocation: When a permit to operate a recreational vehicle campground has been revoked, the health authority shall notify all occupants of the revocation.

15 Miss. Code. R. 18-77-3.2.6

Miss Code Ann § 41-67-3