30 Miss. Code. R. 1502-3.3 - Adjudicatory And Disciplinary Proceedings

1. If an investigation or information indicates that an AMC has committed a violation of the Board's laws and/or rules and regulations, adjudicatory and disciplinary proceedings may be initiated.

2. Before censuring any registrant, or suspending or revoking any registration the Board shall:

(a) Notify the registrant in a Notice of Hearing and Complaint of any charges made at least twenty (20) days before the date set for the hearing; and

(b) Afford the registrant an opportunity to be heard in person or by counsel.

3. The Notice of Hearing and Complaint shall be:

(a) Sent by certified mail, return receipt requested to the Designated Officer of the registrant to the registrant's business address or last address on file with the Board; or

(b) Personal service on the Designated Officer of the registrant or the registrant's agent for service of process in this state.

4. The Notice of Hearing and Complaint shall include, among other things, the date, time and place of the hearing.

5. The hearing may be rescheduled by the Board Administrator at a different time or date with proper written notice of such change given to all parties. Prehearing motions, including motions to dismiss and motions for continuance must be filed in the administrative office of the Board not less than ten (10) days prior to the date of the hearing.

6. The Board, upon compliance with the Board's laws relating to procedural requirements and administrative hearings, may also deny issuance of a registration to an applicant on any of the grounds provided by law.

7. Administrative hearings shall be conducted by a Hearing Officer appointed by the Board. The Hearing Officer shall preside at the hearing and rule on questions of evidence and procedure.

8. Administrative Hearings shall be open to the public. Witnesses may be excluded upon proper invocation of the witness exclusion rule.

9. At the conclusion of the hearing, the Board shall issue a decision and order containing the Findings of Fact, Conclusions of Law and any disciplinary action determined by the Board. This decision and order shall be mailed or delivered to the registrant.

10. Board members who have provide technical assistance in an investigation shall recuse themselves and not participate in any administrative hearing that results from such investigation.

Notes

30 Miss. Code. R. 1502-3.3

Miss. Code Ann . §§ 73-34-9(2)(b),(d), 73-34-29, 73-34-35, 73-34-41, 73-34-43 & 73-34-131 (Rev. 2012).

Amended 1/10/2020