Bill Text: MS SB2946 | 2011 | Regular Session | Engrossed
Bill Title: Coastal wetlands; conform application hearings to the Administrative Procedures Act.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2011-03-01 - Died In Committee [SB2946 Detail]
Download: Mississippi-2011-SB2946-Engrossed.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Ports and Marine Resources
By: Senator(s) Dickerson
Senate Bill 2946
(As Passed the Senate)
AN ACT TO AMEND SECTION 49-27-15, MISSISSIPPI CODE OF 1972, TO CONFORM HEARINGS ON COASTAL WETLANDS APPLICATIONS TO THE ADMINISTRATIVE PROCEDURES ACT; TO REQUIRE APPLICANTS TO PAY ACTUAL COST OF PUBLIC NOTICE AND PUBLICATION FOR THE HEARING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-27-15, Mississippi Code of 1972, is amended as follows:
49-27-15. (1) Not later than sixty (60) days from the receipt of a complete application, the commission shall publish notice of a date on or before which written objections to any application must be filed. The department may schedule a hearing on any application. However, the department shall schedule a hearing on an application if, by the date on which written objections must be filed, a written request for a hearing is submitted by the applicant, a political subdivision or an agency, or by ten (10) persons requesting a hearing or submitting written objections to the application. At the hearing, persons may present oral or written comments on the application. * * * The hearing must be held within twenty (20) days after the date on or before which objections must be filed unless a later date for the hearing is agreed to by all parties. Notice of the date on or before which objections must be filed shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper of general circulation in the county in which the affected wetlands are located. The last publication of such notice shall be made not more than seven (7) days prior to such date. The published notice shall describe the site of the proposed activity and shall give a general description of the proposed regulated activity. Further, notice shall be given describing the date, time and place for the hearing by U.S. 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.
(2) An applicant shall pay the * * * costs of providing notice to the public and publication fees * * *.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.
