30 Miss. Code. R. 802-2.1 - Complaint And Hearing Procedures

The Board shall act in accordance with the following procedures when issuing a complaint and before imposing a monetary penalty upon any contractor pursuant to Miss. Code Ann. § 31-3-21:

a. Whenever the Board receives a complaint, or whenever the Board or an employee of the Board has reason to believe that a violation has occurred which is grounds for disciplinary action, the Board may cause a written complaint to be served upon the alleged violator or violators.

b. The written complaint shall specify the provisions of such statute, regulation or order alleged to be violated and the facts alleged to constitute a violation thereof and shall require that the alleged violator(s) appear before the Board at a time and place specified and answer the charges complained of. The time of appearance before the Board shall not be less than ten (10) days from the date of the service of the complaint, unless the Board finds that the health, safety and general welfare of all persons dealing with those against whom charges are levied is in imminent danger, requiring that such hearing be held at an earlier date. In no instance, however, shall the Board ever require an alleged violator(s) to appear less than five (5) days after the date of service of the complaint. Service of the complaint may be accomplished by mailing a copy thereof by certified mail, return receipt requested, postage prepaid to the last known mailing or residence address of the alleged violator(s), or by other lawful means of service.

c. The Board shall afford an opportunity for a fair hearing to the alleged violator(s) at the time and place specified in the complaint. The alleged violator(s) may be represented by counsel, and may call witnesses and present other competent evidence on its behalf. The Board shall conduct an administrative hearing, and shall not be bound by strict rules of civil procedure or strict rules of evidence in the conduct of its proceedings. On the basis of the evidence presented at the hearing, the Board shall make findings of fact and conclusions of law and enter its order. Failure to appear at any such hearing, without prior authorization to do so from the Board, may be taken by the Board as evidence of the facts alleged in the formal complaint.

d. When a complaint is issued, a notice of hearing shall be issued simultaneously including the date and location of the hearing along with a requirement that the accused contact the Board no later than five (5) days prior to the hearing to schedule a specific time for appearance at the hearing. Failure to contact the Board to schedule a specific time for appearance may result in the accused being heard only after all other scheduled matters have been addressed or not being heard on that scheduled date.

e. If the accused fails to respond timely to the complaint, then the Board may consider the charges set forth therein and all other available evidence in determining whether the accused has violated the law. In the event the Board finds a violation of the law, then the Board may impose any of the penalties set forth in Miss. Code Ann. § 31-3-21.

f. Any request for continuance must be made in writing and presented to the Board staff at least five (5) days prior to the scheduled hearing or, upon good cause shown, at any time prior to the hearing. Continuances will not be routinely granted. Instead, a party must show substantial, legitimate grounds for a continuance. Where scheduling conflicts are the basis for requesting a continuance, the party shall provide written proof of such conflicts in a timely manner as set forth herein.

g. The Board shall render any order in writing and notify the alleged violator(s) of same by certified mail, to the last known mailing or residence address of the alleged violator(s).

h. At any time before or after being served with a complaint, any alleged violator(s) may waive its right to a hearing before the Board and agree to an imposition of the civil penalty, provided such waiver is in writing.

i. Any person aggrieved by any order or decision of the board may appeal pursuant to Miss. Code Ann. § 31-3-23, as amended.

Notes

30 Miss. Code. R. 802-2.1

Miss. Code Ann. §§ 25-43-3.101 - 25-43-3.115 and §§ 31-3-1, et seq.

Amended 8/8/2015 Amended 9/9/2015 Amended 3/25/2016 Amended 10/2/2016 Amended 1/6/2022