30 Miss. Code. R. 803-2.1 - Complaint and Hearing Procedures

1. The Standing Committee on Residential Builders and Remodelers ("Standing Committee") and the Mississippi State Board of Contractors ("Board") shall act in accordance with the following procedures after receiving a sworn complaint about a residential builder or remodeler:

a. When the Board receives sworn charges as set forth in Miss. Code Ann. § 73-59-13(2), the Board shall deliver to the accused a letter, via regular mail, outlining the charges and requesting the accused to respond, in writing, to the charges within ten (10) days after receipt of the letter.

b. If the accused fails to respond timely, the Board shall deliver to the accused a second letter, via certified mail, return receipt requested, outlining the charges and requesting the accused to respond, in writing, to the charges within ten (10) days after receipt of the letter.

c. If the accused responds timely to either letter set forth above, the Board shall investigate the matter and may issue a formal complaint and Notice of Hearing against the accused and cause a hearing to be held as set forth in Miss. Code Ann. § 73-59-13(2) and these rules.

d. If the Board determines that there is reasonable cause to believe a complaint is valid and not frivolous, it shall proceed with an appropriate investigation. Subsequent to the investigation and in the Board's discretion, the Board shall cause a hearing to be held concerning the charges against the licensee. If the Board determines that such a hearing is necessary, a copy of the complaint and notice of hearing shall be served upon the licensee in person or by certified mail at the licensee's last known address, not less than thirty (30) days prior to the date for the scheduled hearing. The Board shall render a decision within ninety (90) days of the close of the hearing and a copy of such written decision shall be presented to each party in person or by certified mail at their last known address. In any event, all requirements pertaining to hearings set forth in Miss. Code Ann. § 73-59-13, as amended, shall be followed.

e. If the accused fails to respond timely to the second letter, then the Board shall deliver to the accused a formal Complaint along with a Notice of Hearing requesting the accused to respond to the charges and setting a hearing date no less than thirty (30) days from the date of service. The Notice of Hearing shall include the date and location of the hearing along with a requirement that the accused contact the Board no later than fifteen (15) 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.

f. If the accused fails to respond timely to the formal Complaint, then the Standing Committee and the Board may consider the charges set forth therein and all other available evidence in determining whether the accused is guilty of the charges filed. In the event the Board finds the accused guilty of the charges filed, it may impose any of the penalties set forth in Miss. Code Ann. § 73-59-13(5).

g. Any request for a continuance must be made in writing and presented to the Chair of the Standing Committee at least fifteen (15) 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.

h. The Board shall notify the accused of any decision as set forth herein according to Miss. Code Ann. § 73-59-13(4). The accused shall have the right to appeal this decision as set forth in Miss. Code Ann. § 73-59-13(11).

2. All complaints and/or charges against a licensee shall be submitted to the Board on the proper forms provided by the Board.

3. All Board members shall refrain from formal interviews and/or comments in connection with a pending charge or complaint submitted to the Board.

4. Licensee shall within seven (7) days after final judgment, notify the Board of any adverse court decision in which the licensee was included.

Notes

30 Miss. Code. R. 803-2.1

Miss. Code Ann. §§ 25-43-3.101 - 25-43-3.115(1972).

Amended 9/9/2015 Amended 1/6/2022