Delegation and Reporting

Delegation and Reporting. A. By the adoption of these regulations, the Permit Board, pursuant to Miss. Code Ann. § 49-17-29 and § 51-3-15(1), delegates to the Executive Director the authority to make decisions on the issuance, reissuance, denial, modification, or revocation of Delegated Permits. Pursuant to Miss. Code Ann. § 53-7-41(6), the Permit Board further delegates to the Executive Director the authority to make decisions on the issuance, reissuance, modification, recission or cancellation of Delegated Surface Mining Permits. Delegated Surface Mining Permits may be cancelled at the request of the operator, if the operator does not commence operations under the permit by stripping, grubbing or mining any part of the permit area. Delegated Surface Mining Permits may be rescinded if, because of a change in post-mining use of the land by the landowner, the completion of the approved reclamation plan by the operator is no longer feasible. B. As a further condition prescribed by the Permit Board of this delegation of authority to the Executive Director, the Permit Board directs the Executive Director to delegate the authority to issue, reissue, deny, modify, or revoke Delegated Permits and to delegate the authority to issue, reissue, modify, rescind or cancel Delegated Surface Mining Permits to senior staff personnel within the Department, in order that the delegation made in section II.A. of these regulations will not detract in a significant way from the Executive Director's performance of his or her other duties. Delegated Permits may be issued, reissued, denied, revoked, or modified and Delegated Surface Mining Permits may be issued, reissued, modified, rescinded or cancelled by the Executive Director, by the Head of the Office of the Department in which the permit action is taken, or by the Division Chief for the Division of the Department in which the permit action is taken. The Executive Director may, at his discretion, determine which of these Office Heads and Division Chiefs will be granted the authority to issue, deny, revoke or modify Delegated Permits and to issue, reissue, modify, rescind or cancel Delegated Surface Mining Permits. The Executive Director may, at his discretion, determine that any application for the issuance, reissuance, modification, denial or revocation of a Delegated Permit and any application for the issuance, reissuance, modification, rescission or cancellation of a Delegated Surface Mining Permit will be presented to and determined by the Permit Board rather than by the Executive Director or Department personnel. C. The Executive Director, in person or through his delegate, shall report to the Permit Board at its next regularly-scheduled meeting each action taken by him or by Department personnel listed above to issue, reissue, deny, modify, or revoke a Delegated Permit and to issue, reissue, modify, rescind or cancel a Delegated Surface Mining Permit. The Permit Board then shall vote to note and to record on its minutes the report of the Executive Director or his delegate. In determining whether to note and to record on its minutes the report, the Permit Board shall consider only whether the report accurately lists and describes the actions taken by the Executive Director or his delegate(s). The Permit Board shall not review any action regarding a permit taken by the Executive Director or his delegate(s) unless and until a formal hearing on the permit action is convened pursuant to Miss. Code Ann. § 49-17-29(4)(b). D. If the Department or Permit Board is required by any statute or regulation to notify the public of the receipt of an application for a permit or of the Department's intent to issue, reissue, deny, modify, or revoke a Delegated Permit or to issue, reissue, modify, rescind or cancel a Delegated Surface Mining Permit or to conduct a public hearing prior to taking any permit action, no Delegated Permit or Delegated Surface Mining Permit shall be issued by the Executive Director or his delegate until the statutory or regulatory public notice, hearing, and comment periods and procedures are completed as required for that permit action.