13 Miss. Code. R. 2-1.8 - Information Required; Failure To Provide Complete And Accurate Information Constitutes Grounds For Delay Or Denial Of Application; Amendments

(a) In addition to the information required by Miss. Code Ann. § 75-76-73, an applicant shall provide to the Executive Director, on forms furnished by the Executive Director, complete information regarding the proposed operation, including but not limited to, a certification that any establishment, vessel or cruise vessel to be used by the proposed operation has been inspected and approved by all appropriate authorities as soon as such certification is complete, fingerprints of each individual applicant, the nature, source, and amount of any financing, the proposed uses of all available funds, the amount of funds available after opening for the actual operation of the establishment, and economic projections for the first three (3) years of operation of the establishment. In addition, the applicant shall provide complete information regarding his or her background for the ten year period preceding submission of the application.

(b) In all cases in which the premises to be used for the proposed operation are not wholly owned by the applicant, the applicant shall provide to the Executive Director complete information pertaining to the interest held by any person other than the applicant, including the name and address of the owner or owners of the premises, a copy of all agreements entitling the applicant to possession of the premises and such other information as the Executive Director may require.

(c) Pursuant to Miss. Code Ann. § 75-76-73, the Commission or the Executive Director may require an applicant to provide such other information and details as they need to discharge their duties properly. Failure to supply any information promptly after receiving the Executive Director's or the Commission's request constitutes grounds for delaying consideration of the application or for denial.

(d) It is grounds for denial of an application or disciplinary action for any person to make any untrue statement of material fact in any application, or in any statement or report filed with the Executive Director or Commission, or willfully to omit to state in any such application, statement or report any material fact which is required to be stated therein, or which is necessary to make the facts stated not misleading.

(e) All information included in an application must be true and complete as of the dates submitted and an applicant shall promptly supply by amendment, any information based on facts occurring after the original application so as to make such information not misleading as of the dates of any action taken by the Executive Director and the Commission.

(f) An application may be amended in any respect by leave of the Executive Director at any time prior to final action thereon by the Commission. Any amendment to an application shall have the effect of establishing the date of such amendment as the filing date of the application with respect to the time requirements for action on the application. Request for amendment to an application must be in writing.

(Adopted: 9/25/1991; Amended: 02/23/2006.)

Notes

13 Miss. Code. R. 2-1.8

Miss. Code Ann. §§ 75-76-63, 75-76-67, 75-76-73