15 MAC Pt. 9, R. 5.3
Hearing Fee
Cite as 15 Miss. Admin. Code Pt. 9, R. 5.3
Hearing Fee.
The fee assessed to cover the cost of conducting a public hearing during the
course of review shall be Three Thousand Dollars ($3,000.00) per day. A deposit
of Six Thousand Dollars ($6,000.00), payable by the requestor (or shared equally
by all requestors), shall accompany the request for hearing. The deposit covers
the cost of a hearing for a two-day period only. When a hearing exceeds two
days, an additional fee of Three Thousand Dollars ($3,000.00) per additional day
shall be assessed to the requestor or shared equally by all requestors.
If fees collected exceed actual costs, the remaining funds shall be refunded once
all invoices are paid. If fees collected are insufficient to cover actual reasonable
costs, the requestor(s) shall be responsible for remitting additional fees. In the
case of multiple requestors, remaining funds shall be divided equally.
Refund of fees shall be made as follows:
A. When an application is withdrawn by the Applicant and a pending hearing
has not yet commenced, the requestor(s) must request a refund within five
(5) business days of the withdrawal.
B. When the person or entity requesting the hearing withdraws the request, the
withdrawal must be received no later than five (5) business days before the
day on which the hearing was scheduled. Any notice of withdrawal received
later than five (5) business days before the scheduled hearing date shall not
entitle the requestor to a refund.
C. When an application is administratively withdrawn by the Department before
commencement of the hearing, a full refund of the hearing fee deposit shall
be made.
Page 34 — Mississippi State Department of Health
D. In all other refund situations, a minimum of One Thousand Dollars
($1,000.00) shall be retained by the Department. Any extraordinary expenses
incurred — such as publication costs, court reporter fees, and extraordinary
administrative time — shall be deducted at a reasonable rate before any
refund is made.