Mississippi Administrative Code
Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES
Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM
Chapter 05 - Public Notice and Hearings
Section 22-23-05-102 - Hearings
Current through March 14, 2024
102.01 The Department may schedule a hearing on any application.
102.02 The Department must schedule a hearing on an application if, during the time period in which written objections are required to be filed:
102.03 The hearing must be held within twenty (20) days after the time period in which objections are required to be filed ends, unless a later date for the hearing is agreed to by all parties.
102.04 Notice must be given describing the date, time and place for the hearing by United States mail, postage prepaid, to each of the objectors and to the applicant at the address furnished to the commission by the parties, and by causing a copy of such notice to be published at least one time in one (1) newspaper having a general circulation in the county in which the affected wetlands are located.
102.05 Notice must also be given to all of those parties who are sent copies in accordance with the appropriate application evaluation procedures, all known present owners of record of adjacent land by current tax assessment rolls, and all known claimants to water or riparian rights in or adjacent to the coastal wetlands affected area.
102.06 At such hearing, any person may present oral or written comments on the application.
102.07 Any person who files a written objection may appear at the public hearing and be heard.
102.08 The burden of proof will be on the applicant, whether a hearing is held or not, provided, however, no application will be denied without giving the applicant a right to a hearing according to the provisions of the Coastal Wetlands Protection Act.
102.09 Oral testimony at hearings will be recorded, but will not be required to be transcribed except in the event of appeal.
