reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 57 - LIQUEFIED PETROLEUM GASES (§§ 75-57-1 — 75-57-119) › IN GENERAL (§§ 75-57-1 — 75-57-63) › Section 75-57-61 - Minimum storage requirements and facilities for nonresident distributors

(1)
Whenever the existing or future laws, rules or regulations of any other state of the United States shall require minimum storage facilities, of any type, character or kind, whether fixed or permanent, in connection with the distribution of liquefied compressed gas at retail, of a resident of this state, then in every such case where the residents engaging in the distribution of liquefied petroleum gas at retail of such state desire to engage in or continue to do business in this state, under permit as required by Section
75-57-49
, the nonresident distributor of liquefied petroleum gas at retail shall be required to establish within the State of Mississippi the same minimum storage requirements and facilities imposed by the laws, rules or regulations of such state upon residents of this state.
(2)
This section shall be enforced by the State Liquefied Compressed Gas Board and all such storage facilities required to be established within the State of Mississippi shall meet the approval of the State Liquefied Compressed Gas Board.
Codes, 1942, § 5104-31; Laws, 1956, ch. 388, §§ 1, 2; Laws, 1980, ch. 561, § 40; Laws, 1982, ch. 408, § 15; Laws, 1995, ch. 475, § 21, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 57 - LIQUEFIED PETROLEUM GASES (§§ 75-57-1 — 75-57-119) › IN GENERAL (§§ 75-57-1 — 75-57-63) › Section 75-57-63 - Unlawful trust and combine; impeding competition or monopolizing sales of liquefied petroleum gases or liquefied petroleum gas appliances

Any corporation, domestic or foreign, or any individual, partnership or association of persons whatsoever who with intent to engross or forestall or impede the competitive sale of or monopolize the sale of liquefied petroleum gases or liquefied petroleum gas consumer appliances in the State of Mississippi or in any community in the State of Mississippi, or, without such intent, either directly or indirectly accomplishes such result to a degree inimical to public welfare by purchasing or offering to purchase the equipment or installation of any consumer and obtaining the exclusive right to serve or make sales to said consumer, shall be deemed and held a trust and combine within the meaning and purpose of Section
75-21-3
and shall be liable to the pains, penalties, fines, forfeitures, judgments and recoveries denounced against trusts and combines and shall be proceeded against in the manner and form provided as in the case of other trusts and combines under the terms of Chapter 21 of Title 75.
Codes, 1942, § 5104-41; Laws, 1964, ch. 300, eff. 4/9/1964.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 57 - LIQUEFIED PETROLEUM GASES (§§ 75-57-1 — 75-57-119) › STATE LIQUEFIED COMPRESSED GAS BOARD (§§ 75-57-101 — 75-57-119) › Section 75-57-103 - Employment of executive director and staff by Commissioner of Insurance

For the purpose of administering and enforcing the provisions of this chapter, the Commissioner of Insurance is empowered to employ an executive director and staff, within the Department of Insurance, as state service employees under the purview of the State Personnel Board's rules and regulations.
Laws, 1995, ch. 475, § 2, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 57 - LIQUEFIED PETROLEUM GASES (§§ 75-57-1 — 75-57-119) › STATE LIQUEFIED COMPRESSED GAS BOARD (§§ 75-57-101 — 75-57-119) › Section 75-57-105 - Promulgation and enforcement of regulations by board; conduct of hearings by board

(1)
The board shall promulgate and enforce regulations necessary for the administration of this chapter, and also setting forth the minimum general safety standards for the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck or tank trailer and utilizing liquefied compressed gas for fuel purposes and for the odorization of liquefied compressed gas.
(2)
The board's regulations shall be in substantial conformity with the published Standards of the National Fire Protection Association for the Storage and Handling of Liquefied Petroleum Gases (NFPA 58) and with the National Fuel Gas Code (NFPA 54) as recommended by the National Fire Protection Association, adopted in accordance with the Mississippi Administrative Procedures Law. The board shall consider the adoption of revised versions of these standards as they are adopted by the National Fire Protection Association; the board may consider the adoption of other standards for matters not addressed by the above standards or amend the above standards if deemed to be in the best interest of the State of Mississippi and with the approval of the Commissioner of Insurance.
(3)
The board is authorized to hold hearings, call witnesses, administer oaths, take testimony and obtain evidence in the conduct of its business.
Laws, 1995, ch. 475, § 3; Laws, 2012, ch. 319, § 2, eff. 4/5/2012.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 57 - LIQUEFIED PETROLEUM GASES (§§ 75-57-1 — 75-57-119) › STATE LIQUEFIED COMPRESSED GAS BOARD (§§ 75-57-101 — 75-57-119) › Section 75-57-107 - Authority of board to impose penalties and take other disciplinary actions

The board is authorized to impose monetary penalties and take such other disciplinary actions as authorized by this chapter.
Any person found by the board in violation of this chapter or any regulations promulgated by the board shall be subject to the following civil penalties:
(a)
For a first offense, a penalty not to exceed One Thousand Dollars ($1,000.00);
(b)
For a second offense, a penalty not to exceed Three Thousand Dollars ($3,000.00); and
(c)
For a third or subsequent offense, a penalty not to exceed Five Thousand Dollars ($5,000.00).
Any person who violates or remains in violation of the provisions hereof may be directed by written notice from the board, stating the facts of such violation, to correct the violation. The notice may be served personally or by U.S. Mail with return receipt requested to the principal office or the person or to their residence.
Laws, 1995, ch. 475, § 4, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 57 - LIQUEFIED PETROLEUM GASES (§§ 75-57-1 — 75-57-119) › STATE LIQUEFIED COMPRESSED GAS BOARD (§§ 75-57-101 — 75-57-119) › Section 75-57-109 - Establishment of system of permits for those engaged in the liquefied compressed gas business; issuance and revocation of permits; establishment of bonding, insurance and training requirements for permit holders

(1)
The board may establish by regulation a system of permits for those engaged in the liquefied compressed gas business in the state. If adopted, and approved by the Commissioner of Insurance, no one may engage in the liquefied compressed gas business without first having obtained a permit from the board. No person shall be denied a permit if he or she meets the requirements of state law.
(2)
The board may revoke a liquefied compressed gas permit for willful violation of this chapter or the regulations or for failure to comply with the chapter or regulations. The revocation may be made only after written notice to the affected party, an opportunity to respond in writing to the charges and a hearing before the board under the provisions of the Administrative Procedures Act. The revocation shall be subject to the approval of the Commissioner of Insurance.
(3)
The board may establish reasonable bonding, insurance limits and personnel training qualifications for permit holders. These requirements are subject to approval of the Commissioner of Insurance.
Laws, 1995, ch. 475, § 5, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 57 - LIQUEFIED PETROLEUM GASES (§§ 75-57-1 — 75-57-119) › STATE LIQUEFIED COMPRESSED GAS BOARD (§§ 75-57-101 — 75-57-119) › Section 75-57-111 - Consistency of state and federal regulations

In order to increase compliance and to reduce the burden of regulation, the board shall seek consistency between its regulations and those regulations adopted by the departments and agencies of the United States Government.
Laws, 1995, ch. 475, § 6, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 57 - LIQUEFIED PETROLEUM GASES (§§ 75-57-1 — 75-57-119) › STATE LIQUEFIED COMPRESSED GAS BOARD (§§ 75-57-101 — 75-57-119) › Section 75-57-113 - Regulation of price, allocation of markets or terms and conditions of service

No regulations may be issued affecting the price or allocation of liquefied compressed gas, allocation of markets between liquefied compressed gas suppliers or the terms and conditions of providing liquefied compressed gas service.
Laws, 1995, ch. 475, § 7, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 57 - LIQUEFIED PETROLEUM GASES (§§ 75-57-1 — 75-57-119) › STATE LIQUEFIED COMPRESSED GAS BOARD (§§ 75-57-101 — 75-57-119) › Section 75-57-115 - Calibration of metering equipment in delivery vehicles used in dispensing liquefied compressed gas

The board shall require that metering equipment in delivery vehicles used in dispensing of liquefied compressed gas shall be calibrated to an accuracy of a plus or minus tolerance of two percent (2%) at least once a year. This requirement shall not apply to delivery vehicles used in dispensing anhydrous ammonia. All retail stationary dispensing equipment with dispensing capabilities of less than fifty (50) gallons per minute shall be calibrated to an accuracy of a plus or minus tolerance of two percent (2%) every two (2) years. Certificates showing such calibration shall be kept at the dealer's place of business and shall be presented upon demand of the Commissioner of Insurance for inspection by the board. This section shall not apply to anhydrous ammonia dispensing equipment.
Laws, 1995, ch. 475, § 8, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 57 - LIQUEFIED PETROLEUM GASES (§§ 75-57-1 — 75-57-119) › STATE LIQUEFIED COMPRESSED GAS BOARD (§§ 75-57-101 — 75-57-119) › Section 75-57-117 - Judicial review

(1)
Any individual aggrieved by a final decision of the board shall be entitled to judicial review.
(2)
Any appeal from the board's decision shall be filed in the circuit court of the county where the board has its office. The appeal shall be filed within thirty (30) days after notification of the action of the board is mailed or served and the proceedings in circuit court shall be conducted as other matters coming before the court. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of preparation of the record of the proceedings before the board, and the filing of a bond in the sum of Five Hundred Dollars ($500.00) conditioned that if the action of the board be affirmed by the circuit court, the aggrieved party shall pay the costs of the appeal to the circuit court.
(3)
The scope of review of the circuit court in such cases shall be limited to a review of the record made before the board to determine if the action of the board is unlawful for the reason that it was:
(a)
Not supported by any substantial evidence;
(b)
Arbitrary or capricious; or
(c)
In violation of some statutory or constitutional right of the individual.
(4)
No relief shall be granted based upon the court's finding of harmless error by the board in complying with the procedural requirements of this chapter. If there is a finding of prejudicial error in the proceedings, the cause may be remanded for a rehearing consistent with the findings of the court.
(5)
Any party aggrieved by action of the circuit court may appeal in the manner provided by law.
Laws, 1995, ch. 475, § 9, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 58 - MISSISSIPPI NATURAL GAS MARKETING ACT (§§ 75-58-1 — 75-58-21) › Section 75-58-1 - Short title

This chapter shall be known as "The Mississippi Natural Gas Marketing Act."
Laws, 1991, ch. 490, § 1, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 58 - MISSISSIPPI NATURAL GAS MARKETING ACT (§§ 75-58-1 — 75-58-21) › Section 75-58-3 - Legislative intent and purpose

It is the intent and purpose of this chapter to protect the rights of all owners of natural gas wells and wells producing casinghead gas; to afford all such owners an opportunity to extract their fair share of gas; to provide that the operator of a well producing natural gas and a well producing casinghead gas shall market the gas of all owners thereof except the gas owned by an owner electing that the operator shall not market his gas; to hold operators acting in compliance with the provisions of this chapter harmless from any suit at law or in equity related hereto, and to provide that an operator shall be entitled to recover marketing expenses and transportation costs associated with the sale or transportation of an owner's gas. It is not the intent or purpose of this chapter to create and this chapter shall not be construed to create a partnership or association for state or federal taxation purposes.
Laws, 1991, ch. 490, § 2, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 58 - MISSISSIPPI NATURAL GAS MARKETING ACT (§§ 75-58-1 — 75-58-21) › Section 75-58-5 - Applicability of chapter; safe harbor provision

(a)
Applicability. -
This chapter shall apply to all natural gas wells and wells producing casinghead gas in Mississippi which are permitted on and after July 1, 1991. This chapter shall also apply to wells in a pool unitized pursuant to Section
53-3-7
or Section
53-3-101
et seq., Mississippi Code of 1972, after July 1, 1991, and shall not be applicable to natural gas wells or wells producing casinghead gas in a pool unitized prior to July 1, 1991, unless the operator desires to comply with the chapter pursuant to Section
75-58-5(b)
. Nothing contained in this chapter shall prohibit or inhibit the unitization of a field or pool.
(b)
Safe Harbor Provision. -
The operator of a well permitted prior to July 1, 1991, or the operator of a field or pool unitized prior to July 1, 1991, pursuant to Section
53-3-7
or Section
53-3-101
et seq., Mississippi Code of 1972, who desires to comply with the provisions of this chapter may bring such well or unitized field or pool within the provisions of this chapter by giving all non-operators notice of his intent to comply with the provisions of this chapter. Unless a non-operator so notified delivers to the operator's office a written notification rejecting such an offer to have the provisions of this chapter held applicable to his proportionate interest within thirty (30) days after the operator has placed such notice in the United States mail postage prepaid, the provisions of this chapter and all benefits accruing to an operator hereunder shall be deemed applicable to such non-operator's proportionate interest. Only the operator or successor operator of a well permitted prior to July 1, 1991, or field or pool unitized prior to July 1, 1991, may initiate such action as is necessary to bring such well or unitized field or pool within the provisions of this chapter. In no event shall this provision be deemed to affect any existing contract between the owners of a well or unitized field or pool.
Laws, 1991, ch. 490, § 3, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 58 - MISSISSIPPI NATURAL GAS MARKETING ACT (§§ 75-58-1 — 75-58-21) › Section 75-58-15 - Interest of payments; interpleader actions; jurisdiction over disputes

(a)
Interest. -
Should any person fail to make any payment required under this chapter when the same is due, interest shall accrue at the rate of twelve percent (12%) per annum from the date due until paid, provided, however, should operator fail to remit payment of net proceeds to any consenting non-operator within the time herein provided because the title of such consenting non-operator is not marketable, the rate of interest as to the net proceeds attributable to such consenting non-operator shall be five percent (5%) accruing from the date when due until the title is rendered marketable. Marketability of title shall be determined in accordance with the then current legally recognized real property law governing title to oil and gas interests. Where the title to a balancing party's interest is not marketable, and where all the claimants to such interest are not consenting non-operators, operator may refuse to produce and deliver any gas attributable to such interest until such time as the title is rendered marketable. Gas attributable to such interest shall be allocated as underproduction.
(b)
Interpleader. -
An operator shall have the right to initiate an action of interpleader where the operator may be exposed to double or multiple liability in the payment of net proceeds. Upon deposit with the court of the net proceeds plus accrued interest thereon as of the date of such deposit as provided by this chapter, operator shall thereafter be relieved of all liability relating to the net proceeds and accrued interest so deposited with the court. Operator shall be entitled to deduct and/or receive from the net proceeds and accrued interest all reasonable costs incurred by operator in such action of interpleader. An overproduced party desiring to cash balance shall also have the right to initiate an action of interpleader where such overproduced party may be exposed to double or multiple liability in the payment of proceeds for cash balancing. Upon deposit with the court of the proceeds for cash balancing, such overproduced party shall thereafter be relieved of all liability relating to such proceeds so deposited with the court. The overproduced party shall be entitled to deduct and/or receive from the proceeds for cash balancing all reasonable costs incurred by such overproduced party in such action of interpleader.
(c)
Jurisdiction Over Disputes. -
Jurisdiction and venue for any proceeding brought pursuant to this chapter shall be in the Chancery Court of the First Judicial District for Hinds County, Mississippi, or in the chancery court of any county in which all or part of the unit for the well is situated.
Laws, 1991, ch. 490, § 8, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 58 - MISSISSIPPI NATURAL GAS MARKETING ACT (§§ 75-58-1 — 75-58-21) › Section 75-58-17 - Right of operators and non-operators to enter into private agreements; effect of agreements

Nothing in this chapter shall be construed to limit the right of operators and non-operators to enter into agreements providing for marketing of gas, marketing fees, balancing or any other matter addressed by this chapter. Any such valid agreement shall supersede the provisions of this chapter to the extent said agreement addresses matters covered in this chapter.
Laws, 1991, ch. 490, § 9, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 58 - MISSISSIPPI NATURAL GAS MARKETING ACT (§§ 75-58-1 — 75-58-21) › Section 75-58-19 - Disclosure to third parties by non-operators of documents or information received from operators

All non-operators who receive information relating to a gas purchase agreement from an operator in connection with or as required by this chapter shall hold and treat each document as confidential and shall not disclose such documents or the terms thereof to third parties, except those persons required to see said documents in order to decide whether a non-operator should become a consenting non-operator or nonconsenting non-operator. The provisions of this Section
75-58-19
shall have no application to any gas purchase agreement executed by the non-operator.
Laws, 1991, ch. 490, § 10, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 58 - MISSISSIPPI NATURAL GAS MARKETING ACT (§§ 75-58-1 — 75-58-21) › Section 75-58-21 - Effect of chapter upon pre-existing contractual rights and duties

This chapter does not affect contractual rights and duties existing before July 1, 1991.
Laws, 1991, ch. 490, § 11, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 59 - CORRESPONDENCE COURSES (§§ 75-59-1 — 75-59-9) › Section 75-59-1 - Permit required; application; fees; bonds; suits

No person, firm or corporation shall contract to furnish correspondence courses to persons within the state unless such person, firm or corporation shall have obtained a permit from the office of the Secretary of State, either (a) the State Department of Education, (b) the Mississippi Community College Board, or (c) the Board of Trustees of State Institutions of Higher Learning, whichever is appropriate, and the Office of the Attorney General. An application for a permit shall be made on forms furnished by the Secretary of State, the State Department of Education, the Mississippi Community College Board or the Board of Trustees of Institutions of Higher Learning, as the case may be, and the Attorney General and such application shall designate an agent for the service of summons within the state; shall contain the name and address of the applicant; the type of courses offered with a brief summary of the course of studies offered; and one (1) copy of all textbooks or other teaching aids and training materials which are incorporated in the course of study shall be filed with said application. The applicant shall pay the Secretary of State a fee of Two Hundred Fifty Dollars ($250.00). The applicant shall file a bond with his application in the sum of Fifty Thousand Dollars ($50,000.00) conditioned to satisfy any judgment rendered by a court of competent jurisdiction, in favor of any person who has sustained damages as a result of the breach of a contract of instruction by the permittee. Such bond shall be executed by the permittee and a resident surety company qualified to transact business within the state. Such permit shall be valid for one (1) year from the date thereof. Suits against the permittee and his surety may be brought in the county where the plaintiff resides, or the county where the defendant has his principal place of business, or where his resident agent resides. This chapter shall not apply to any business school or business college holding a current certificate or license issued under the applicable law of this state. In addition, this chapter shall not apply to religious instructions offered by a recognized church denomination; provided, however, that no fee or charge of any kind whatever may be levied or collected directly or indirectly for such instructions or certificates issued in connection therewith or incidental thereto. No person shall be granted a permit unless he is an individual of good moral character.
Codes, 1942, § 4228-01; Laws, 1962, ch. 380, § 1; Laws, 1970, ch. 354, § 1; Laws, 1975, ch. 387; Laws, 1976, ch. 354; Laws, 1998, ch. 334, § 5, eff. 7/1/1998.
Amended by Laws, 2014, ch. 397, HB 460, 64, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 59 - CORRESPONDENCE COURSES (§§ 75-59-1 — 75-59-9) › Section 75-59-3 - Disposition of fees

The fees collected under the provisions of this chapter shall be used in the processing and filing of said application and in the administration and enforcement of the chapter.
Codes, 1942, § 4228-02; Laws, 1962, ch. 380, § 2, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 59 - CORRESPONDENCE COURSES (§§ 75-59-1 — 75-59-9) › Section 75-59-5 - Revocation of permit; notice and hearing; appeals; suit by persons failing to comply with chapter

(a)
For a violation of a contract with a student, for soliciting or enrolling students through fraud or misrepresentation, or for noncompliance with this chapter or the reasonable rules and regulations promulgated by the Secretary of State pursuant to this chapter, the Secretary of State shall revoke the permit issued under this chapter after serving notice of hearing upon the resident agent for service of summons in the same manner as service of summons upon nonresident corporations qualified to do business in the state. Such notice shall set a time and place for a hearing not less than fifteen (15) days nor more than thirty (30) days from the receipt of said notice. Said permittee shall be allowed to show cause why said permit should not be revoked. At said time and place full opportunity shall be afforded the permittee to be heard on said revocation. The Secretary of State shall have power to issue compulsory process to assure the presence of such persons or such records deemed necessary for the proper determination of any matter before him for consideration, and he may in his discretion require testimony under oath and administer the same.
(b)
Any person aggrieved by a decision of the Secretary of State shall have a right to a judicial review of said decision by forwarding notice of his intention to appeal to the Secretary of State within fifteen (15) days from the date of revocation. Upon receipt of said notice, the Secretary of State shall within sixty (60) days after receiving said notice of appeal certify the record to the chancery court of the First Judicial District of Hinds County, Mississippi, for trial de novo. Appeal may be with or without supersedeas at the election of the permittee. The Secretary of State shall not be required to certify the record unless the permittee shall have filed a cost bond sufficient to pay the costs of transcribing and preparing the transcript.
No person, firm or corporation failing to comply with the provisions of this chapter shall have access to any of the courts of this state for the purpose of enforcing any claim or demand against any resident of this state arising out of any contract entered into in violation of the provisions of this chapter.
Codes, 1942, § 4228-03; Laws, 1962, ch. 380, § 3; Laws, 1970, ch. 355, § 1, eff. 4/3/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 59 - CORRESPONDENCE COURSES (§§ 75-59-1 — 75-59-9) › Section 75-59-7 - State superintendent of education to consult with Secretary of State; rules and regulations

The state superintendent of education shall consult with the Secretary of State and the Secretary of State is hereby empowered, authorized, and directed to make reasonable rules and regulations to implement the general purposes of this chapter.
Codes, 1942, § 4228-04; Laws, 1962, ch. 380, § 4, eff. 7/1/1962.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 59 - CORRESPONDENCE COURSES (§§ 75-59-1 — 75-59-9) › Section 75-59-9 - Penalties

Any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of five hundred dollars ($500.00) or by imprisonment of not more than six (6) months, or by both such fine and imprisonment.
Codes, 1942, § 4228-05; Laws, 1962, ch. 380, § 5; Laws, 1970, ch. 355, § 2, eff. 4/3/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-1 - Title

This chapter shall be known as the "Mississippi Proprietary School and College Registration Law."
Codes, 1942, § 6688-01; Laws, 1972, ch. 507, § 1; Laws, 1974, ch. 441, § 1; brought forward, Laws, 1992, ch. 349, § 1, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-5 - Exemption of certain courses and institutions

The provisions of this chapter do not apply to the following categories of courses, schools or colleges:
(a)
Tuition-free courses or schools conducted by employers exclusively for their own employees;
(b)
Schools, colleges, technical institutes, community colleges, junior colleges or universities under the jurisdiction of the Board of Trustees of State Institutions of Higher Learning or the Mississippi Community College Board;
(c)
Schools or courses of instruction under the jurisdiction of the State Board of Cosmetology, State Board of Barber Examiners, the State Board of Massage Therapy or the State Board of Nursing;
(d)
Courses of instruction required by law to be approved or licensed, or given by institutions approved or licensed, by a state board or agency other than the Commission on Proprietary School and College Registration; however, a school so approved or licensed may apply to the Commission on Proprietary School and College Registration for a certificate of registration to be issued in accordance with the provisions of this chapter;
(e)
Correspondence education;
(f)
Nonprofit private schools offering academic credits at primary or secondary levels, or conducting classes for exceptional education as defined by regulations of the State Department of Education;
(g)
Private nonprofit colleges and universities or any private school offering academic credits at primary, secondary or postsecondary levels;
(h)
Courses of instruction conducted by a public school district or a combination of public school districts;
(i)
Courses of instruction conducted outside the United States;
(j)
A school that offers only instruction in subjects that the Commission on Proprietary School and College Registration determines are primarily for a vocational, personal improvement or cultural purposes and that does not represent to the public that its course of study or instruction will or may produce income for those who take that study or instruction;
(k)
Courses conducted primarily on an individual tutorial basis, where not more than one (1) student is involved at any one time, except in those instances where the Commission on Proprietary School and College Registration determines that the course is for the purpose of preparing for a vocational objective;
(l)
Kindergartens or similar programs for preschool-age children.
Codes, 1942, § 6688-03; Laws, 1972, ch. 507, § 3; Laws, 1974, ch. 441, § 3; Laws, 1976, ch. 319; Laws, 1986, ch. 432, § 5; Laws, 1992, ch. 349, § 4; Laws, 1993, ch. 446, § 3; Laws, 1998, ch. 334, § 1; Laws, 2004, ch. 476, § 21; Laws, 2010, ch. 507, § 1, eff. 7/1/2010.
Amended by Laws, 2013, ch. 333, SB 2786, 3, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-7 - Disposition of receipts

All receipts of the Commission on Proprietary School and College Registration under this chapter shall be deposited in the State Treasury to the credit of the Commission on Proprietary School and College Registration, and shall be expended only pursuant to appropriation approved by the Legislature and as provided by law.
Codes, 1942, § 6688-04; Laws, 1972, ch. 507, § 4; Laws, 1986, ch. 432, § 6; Laws, 1992, ch. 349, § 5, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-9 - Certificate of registration required

Effective sixty (60) days after the Commission on Proprietary School and College Registration has made public its standards for issuing certificates of registration, no course of instruction shall be established, offered or given, no diploma, degree or other written evidence of proficiency or achievement shall be offered or awarded, and no student enrollment in such course of instruction shall be solicited through advertising, agents, mail circulars, or other means, until the person planning to offer or offering such course of instruction, diplomas or degrees has obtained a certificate of registration from the commission. Notwithstanding the prohibition of this section, classes in progress at the time the commission makes public its standards may continue until completed.
Codes, 1942, § 6688-07; Laws, 1972, ch. 507, § 7; Laws, 1986, ch. 432, § 7; Laws, 1992, ch. 349, § 6, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-11 - Issuance of certificate of registration; registration number

(1)
The Commission on Proprietary School and College Registration shall issue a certificate of registration to an applicant of good reputation, offering one or more courses of instruction upon determining that the applicant has the facilities, resources and faculty to provide students with the kind of instruction that it proposes to offer. A certificate of registration shall be granted or denied within sixty (60) days of the receipt of the application therefor by the commission. If the commission has not completed its determination with respect to the issuance of the certificate of registration within such sixty-day period, it shall issue a temporary certificate to the applicant, which certificate is sufficient to meet the requirements of Section
75-60-13
until such time as determination is made. Any certificate issued by the commission is valid only for the institution and courses for which it is issued and does not cover other schools or branches operated by the owner. A certificate of registration is valid for two (2) years unless earlier revoked for cause by the commission. The commission shall adopt rules and regulations for administration of the registration process. The commission may cause an investigation to be made into the correctness of the information submitted in any application for registration. If the commission believes that false, misleading or incomplete information has been submitted to it in connection with any application for registration, the commission shall conduct a hearing on the matter and may withhold a certificate of registration upon finding that the applicant has failed to meet the standards for such certificate or has submitted false, misleading or incomplete information to the commission. Application for a certificate of registration shall be made in writing to the commission on forms furnished by the commission. A certificate of registration is not transferable and shall be prominently displayed on the premises of an institution.
(2)
The commission shall assign registration numbers to all schools registered with it. Schools shall display their registration numbers on all school publications and on all advertisements bearing the name of the school.
Codes, 1942, § 6688-05; Laws, 1972, ch. 507, § 5; Laws, 1986, ch. 432, § 8; Laws, 1992, ch. 349, § 7; Laws, 1993, ch. 446, § 4; Laws, 2011, ch. 371, § 3, eff. 7/1/2011.
Amended by Laws, 2013, ch. 333, SB 2786, 4, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-13 - Issuance of certificate of registration under federal law in certain cases

Notwithstanding the requirements of this chapter for issuance of certificates of registration, the Commission on Proprietary School and College Registration may, in accordance with regulations adopted by the commission, grant certificates of registration to schools, colleges, institutes or universities that have been approved by the State Board of Education pursuant to the "Act of March 3, 1966," 80 Stat. 20,
38 U.S.C.S. 1771
.
Codes, 1942, § 6688-06; Laws, 1972, ch. 507, § 6; Laws, 1986, ch. 432, § 9; Laws, 1992, ch. 349, § 8, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-15 - Certificate of registration; fees; registration of new course offerings; school franchises

(1)
An initial application fee shall accompany each application for certificate of registration, and a renewal fee shall accompany each application for renewal of registration.
(2)
If a renewal fee is not paid at least thirty (30) days prior to the expiration of a school's certificate of registration, in addition to the renewal fee, there shall be a delinquent fee collected. No portion of any license fee shall be subject to refund.
(3)
A certificate of registration shall be issued or denied within sixty (60) days after receipt of the application by the commission.
(4)
No new program of study shall be offered by any school holding a certificate of registration until it is registered with and approved by the commission in accordance with procedures which shall be established by the commission. After such course is registered in accordance with the approval procedures provided for herein, it shall be included as a part of any renewal of a certificate of registration. Each application for the original registration of a new program registration fee to be determined by the commission.
(5)
A certificate of registration shall be valid only for the school and courses for which it is issued and shall not include other schools or additional locations of a school unless each such additional location (a) offers only courses which are identical to courses offered at the registered location and (b) is under the same ownership, management and control as that of the registered location except as may be provided otherwise in this section. Such additional locations meeting such requirements shall be identified as "annexes" on a certificate application. Gross tuition revenues for the registered location and all annexes shall be combined for the purpose of determining fees payable under this section.
(6)
The fees submitted with applications for initial or renewal of registration are not returnable to the applicant, even though a certificate of registration is not issued, unless the Commission on Proprietary School and College Registration determines that a financial hardship will result.
(7)
The amount of fees authorized in this section and in Section
75-60-27
shall be determined by the Mississippi Community College Board after receiving recommendations from the commission.
Codes, 1942, § 6688-08; Laws, 1972, ch. 507, § 8; Laws, 1992, ch. 349, § 9; Laws, 1993, ch. 446, § 5; Laws, 1998, ch. 334, § 2; Laws, 1999, ch. 389, § 1; Laws, 2011, ch. 478, § 2, eff. 7/1/2011.
Amended by Laws, 2014, ch. 397, HB 460, 65, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-17 - Surety bond or deposit for certificate of registration

The application for a certificate of registration shall be accompanied by a surety bond with conditions and in a form prescribed by the Commission on Proprietary School and College Registration with at least one (1) corporate bonding company approved by the Department of Insurance as surety thereon. The bond shall provide for the indemnification of any person suffering loss as the result of any false certification, school closure, any fraud or misrepresentation used in behalf of the principal in procuring such person's enrollment in a course of instruction, including repayment of tuition paid in advance by any student. The bond shall provide for the reimbursement of the commission of any actual administrative costs associated with an institution ceasing operations. The term of the bond shall be continuous, but it shall be subject to cancellation by the surety in the manner described in this section. The bond shall provide blanket coverage for the acts of all persons engaged as agents of the school without naming them and without regard to the time they are engaged during the term of the bond.
First priority for the use of surety bonds shall be given to students impacted by the closing of the proprietary school.
The surety may terminate the bond upon giving a sixty-day written notice to the principal and to the Commission on Proprietary School and College Registration, but the liability of the surety for acts of the principal and its agents shall continue during the sixty (60) days of cancellation notice. The notice does not absolve the surety from liability which accrues before the cancellation becomes final but which is discovered after that date and which may have arisen at any time during the term of the bond. Unless the bond is replaced by that of another surety before the expiration of the sixty (60) days' notice of cancellation, the certificate of registration shall be suspended. Any person subject to this chapter required to file a bond with an application for a certificate of registration may file, in lieu thereof, cash, a certificate of deposit, or government bonds of the same dollar value as the prescribed bond. Said deposit is subject to the same terms and conditions as are provided for in the surety bond required herein. Any interest or earnings on such deposits are payable to the depositor.
Codes, 1942, § 6688-09; Laws, 1972, ch. 507, § 9; Laws, 1986, ch. 432, § 10; Laws, 1992, ch. 349, § 10; Laws, 1998, ch. 334, § 3; Laws, 2011, ch. 478, § 3, eff. 7/1/2011.
Amended by Laws, 2019, ch. 384, SB 2737,§ 2, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-21 - Injunctive relief against unregistered activity

The commission shall petition the chancery court of the county in which a person or agent offers one or more courses of instruction subject to the provisions of this chapter or advertises for the offering of such courses without a certificate of registration for an order enjoining such offering or advertising. The court may grant such injunctive relief upon a showing that the respondent named in the petition is offering or advertising one or more courses of instruction without a certificate of registration. The Attorney General or the district attorney of the district including the county in which such action is brought, shall, upon request of the commission, represent the commission in prosecuting any such action.
Codes, 1942, § 6688-07; Laws, 1972, ch. 507, § 7; Laws, 1986, ch. 432, § 12; Laws, 1992, ch. 349, § 13, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-23 - Agent permit required

No person employed by an institution licensed by the commission, regardless of job title, job description, full-time or part-time employment status, shall directly or indirectly influence the decision of any prospective student to enroll for a fee in a course of instruction without first securing a permit as an agent from the Commission on Proprietary School and College Registration. If the person represents more than one (1) institution or campus, a separate permit shall be obtained for each institution or campus represented. Agent permits shall only be issued to agents of institutions that hold a certificate of registration issued by the commission.
Codes, 1942, § 6688-11; Laws, 1972, ch. 507, § 11; Laws, 1986, ch. 432, § 13; Laws, 1992, ch. 349, § 14; Laws, 1993, ch. 446, § 7; Laws, 2011, ch. 478, § 5, eff. 7/1/2011.
Amended by Laws, 2019, ch. 384, SB 2737,§ 3, eff. 7/1/2019.
Amended by Laws, 2013, ch. 333, SB 2786, 6, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-25 - Issuance of agent permit

The application for an agent permit shall be made on forms to be furnished by the Commission on Proprietary School and College Registration. Any agent permit applied for shall be granted or denied within sixty (60) days of the receipt of the application therefor by the commission. If the commission has not completed its determination with respect to the issuance of an agent permit within such sixty-day period, it shall issue a temporary agent permit to the applicant, which permit is sufficient to meet the requirements of Section
75-60-23
until such time as such determination is made. Upon approval for an agent permit, the commission shall issue a permit to the person, giving his or her name, agent permit number and the name and campus location of his or her employing school, and certifying that the person whose name appears on the permit is an authorized agent of the school. An agent permit is valid for one (1) year from the date on which it was issued.
Codes, 1942, §§ 6688-11, 6688-12; Laws, 1972, ch. 507, §§ 11, 12; Laws, 1986, ch. 432, § 14; Laws, 1992, ch. 349, § 15; Laws, 1993, ch. 446, § 8; Laws, 2011, ch. 478, § 6, eff. 7/1/2011.
Amended by Laws, 2019, ch. 384, SB 2737,§ 4, eff. 7/1/2019.
Amended by Laws, 2013, ch. 333, SB 2786, 7, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-27 - Agent permit fees

The application for an agent permit and an application for renewal thereof shall be accompanied by fees determined by the Mississippi Community College Board. All fees collected for the issuance or renewal of agent permits shall be deposited in the State Treasury to the credit of the Commission on Proprietary School and College Registration.
Codes, 1942, § 6688-11; Laws, 1972, ch. 507, § 11; Laws, 1992, ch. 349, § 16; Laws, 2011, ch. 478, § 7, eff. 7/1/2011.
Amended by Laws, 2014, ch. 397, HB 460, 66, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-29 - Surety bond for agent permit

The application for an agent permit shall be accompanied by a surety bond acceptable to the Commission on Proprietary School and College Registration. Such bond may be continuous and shall be conditioned to provide indemnification to any student suffering loss as a result of any fraud or misrepresentation used in procuring his enrollment, and may be supplied by an agent of a school or by the school itself as a blanket bond covering each of its agents. The surety of any such bond may cancel the same upon giving thirty (30) days' notice in writing to the commission and is relieved of liability for any breach of condition occurring after the effective date of said cancellation. An application for renewal shall be accompanied by a surety bond, as provided in this section, if a continuous bond has not been furnished.
Codes, 1942, § 6688-11; Laws, 1972, ch. 507, § 11; Laws, 1986, ch. 432, § 15; Laws, 1992, ch. 349, § 17; Laws, 2011, ch. 478, § 8, eff. 7/1/2011.