40 Miss. Code. R. 1-8.1 - BECOMING A LICENSE AGENT

Public Notice No. 3366 is hereby amended.

A. In order to become a license agent an applicant must:

1. Submit an individual faithful performance bond in the minimum amount of $5,000.00. The amount of said bond may be increased in multiples of $5/000.00 should any audit of the agent by the MDWFP subsequently discover irregularities in agent's record keeping, failure to submit "no sales reports", failure to promptly remit on or before the tenth (10^th) day of each successive month or any other irregularity or discrepancy. The requirement for additional bonding in order for the license agent to continue to be licensed will be recommended by the assigned auditor, and notice to the agent for the additional bond amounts will be mailed by U.S. Postal Service mail by the Director of the License Bureau. Bonds must be secured from and countersigned by a licensed surety company, and forwarded to the Mississippi Department of Wildlife, Fisheries and Parks, License Bureau, P O. Box 451, Jackson, Mississippi 39205-0451.

2. Any company acting as a surety upon the bond of a license agent must comply with Miss. Code Ann. § 83-27-1et seq. No additional licenses will be delivered to such agent until such bond is received by the Mississippi Department of Wildlife, Fisheries and Parks (MDWFP).

3. All bonds will be continuous. The bonding companies are required to give the MDWFP written notice of cancellation 30 days prior to cancellation.

4. Bonds on companies, firms and corporations are not accepted.

5. Applicants assigned to military bases who are bonded as a result of their profession, shall be allowed to waive the bond requirement as set out in Section A., provided bonding company furnishes a letter to the MDWFP to the effect that the performance bond shall encompass the activity of selling hunting and fishing licenses and that said bond shall indemnify the MDWFP in the event of any loss.

B. License Agent Rules and Regulations:

1. Agent must sign and return the original copy of the Trust Certificate shipped with each license order immediately upon delivery. Check the quantities and serial numbers assigned before returning the Trust Certificate. If shipment does not agree with Trust Certificates, notify the Accounting Department immediately. Unsigned or unreturned Trust Certificates will delay the shipment of future license orders.

2. Licenses to be issued on consignment only.

3. All revenue from license sales must be reported by the 10th of each month. If no licenses are sold, submit a "No Sales Report" by the 10th of each month. Failure to submit sales report will be monitored by the MDWFP and reported to the appropriate bonding company, quarterly.

4. Cashier's checks or money orders are preferred as payment with sales report.

5. Void and unsold licenses must be reported separately from license sales. All sections of the license must be returned in order to receive credit, with the exception of the Agent's copy of the license form. Void licenses must be returned within thirty (30) days of issuance.

6. Agents should allow three (3) to five (5) days processing time for all license orders.

7. The MDWFP reserves the right to alter the quantity of a license order relative to the bond amount.

8. The MDWFP shall exercise its authority to audit license agents and employees of the MDWFP at any reasonable time during the fiscal year in accordance with Rule 2.2 of this Part.

9. Licenses supplied by the MDWFP will be the only licenses honored by Officers of the MDWFP.

10. Agents shall NOT SWAP licenses with other agents. License numbers are pre-assigned and cannot be transferred.

11. Agents must collect the full face value shown on the license plus an agent fee for each license sold as prescribed by statute or MDWFP regulation. Agent fee is to be retained by the agent and not reported to the MDWFP.

12. Agent shall not issue refunds for licenses. Refer all requests for refunds to the MDWFP License Department.

13. Duplicate license are only issued by MDWFP. Prices for duplicate licenses are $5.00 for each license whether for a resident or non-resident. The MDWFP reserves the right to discontinue this duplicate policy at any time.

14. Agents will be responsible for all license forms, game tags and stamps issued to them, and must account to the MDWFP for all such licenses, tags and stamps, whether sold, unsold, voided, lost, misplaced or stolen. For each license, tag or stamp not properly accounted-for, the Agent will be charged the fee applicable to the most expensive license, game tag or stamp then currently sold by the MDWFP. Credit will not be given for lost, stolen or misplaced licenses or licenses destroyed by fire unless agent provides proper certified documentation which is satisfactory to the MDWFP. In the event of loss of licenses by fire, theft, or robbery, sworn statements, police or fire marshal's reports, as the case may be, must be submitted and received by the MDWFP office in Jackson within ten (10) working days of the occurrence. Agents may, at the discretion of the Commission, be required to appear before the Commission to testify as to the loss of any license for whatever reason.

C. Any individual bonded to sell licenses may have his/her privilege terminated by the Commission on Wildlife, Fisheries and Parks for any of the following acts or omissions:

1. Back-dating licenses;

2. Failure to properly date licenses;

3. Failure to submit all revenue collected from the sale of licenses during the reporting period;

4. Failure to submit the "No Sale Report" during the reporting period when appropriate;

5. Failure to take adequate precautions to protect licenses and monies from loss due to fire, theft, robbery and burglary;

6. Falsifying licenses to include, but not limited to, aiding in the securing of a license under an assumed name or in which an address other than the legal place of domicile is given, or knowingly issuing a license to any person not legally entitled to same;

7. Failure to comply with any statute, rule, or regulation governing license agents.

D. An individual whose privilege to sell licenses has been terminated, may petition the Commission on Wildlife, Fisheries, and Parks to reinstate this privilege after a period of not less than three (3) years has elapsed from the date of termination.

Notes

40 Miss. Code. R. 1-8.1

Miss. Code Ann., §§ 49-1-29, 49-4-4, and 49-7-17.