40 MAC Pt. 1, R. 3.8
Petition for Reconsideration Before the Commission
Cite as 40 Miss. Admin. Code Pt. 1, R. 3.8
Petition for Reconsideration Before the Commission.
A. After the Commission has acted upon a rule, regulation or public notice, any party(ies)
opposed to the rule, regulation or public notice, that complies with Section 7 above, may request
reconsideration of the Commission's decision by filing a Petition for Reconsideration. The Petition
for Reconsideration must be filed within fourteen (14) days of the final adoption of the rule,
regulation or public notice.
B. Petitions for Reconsideration of the issuance, denial or revocation of permits may be
made by any party requesting same, being denied same, or having same revoked, and if made, the
petition must be in accordance with the other terms of this document. The Petition for
Reconsideration must be filed within fourteen (14) days of the decision to issue, deny or revoke
the permit. Petitions for Reconsideration of decisions on permits will be conducted in accordance
with the provisions of paragraph 4 below and Article II of this document. When a Petition for
Reconsideration is filed by an objector to the issuance of a permit, the applicant / recipient may be
required to defend the decision of the Commission.
C. The Petition shall state specifically the points of law or facts which the party requesting
the reconsideration believes the Commission overlooked or misapprehended, and shall contain a
statement of the action which the party wishes the Commission to take. The Petition shall contain
such argument in support of the Petition as the requesting party wishes to present, but in no event
shall the Petition exceed fifteen (15) pages in length (exclusive of exhibits). The Petition must be
typed or double-spaced. The original and ten (10) copies of the Petition for Reconsideration must
be filed with the Commission through MDWFP.
Filing may be accomplished by mail, but filing shall be considered timely only if the Petition is
received within the time period described above.
D. The Commission will consider the Petition for Reconsideration at its next regular
meeting which occurs more than ten (10) days following the Petition's filing. The Commission
may (1) make a final disposition of the Petition by either granting or denying the requested action
without further argument; (2) request a response from MDWFP prior to making a final disposition;
(3) set the matter for an evidentiary hearing; or (4) make such further order as it deems appropriate
under the circumstances. Once a Petition for Reconsideration has been considered and ruled on by
the Commission, no further requests for reconsideration will be allowed.