Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 7 - ADMINISTRATIVE HEARING PROCEDURE FOR COMMISSION ON MARINE RESOURCES (§§ 49-15-401 — 49-15-417) › Section 49-15-403 - Complaint; executive director of department to review each complaint for reasonable grounds to indicate violation; director may impose fine where reasonable grounds exist; violator may request informal settlement conference; director to make final decision regarding penalty

(1)
When any allegation or charge in the form of a complaint has been made against a person for violations pursuant to the authorities outlined in Section
49-15-401
and such matter has been brought before the department for administrative penalty processing, the department shall:
(a)
Cause the complaint to be in writing, signed by the person and/or office making the charge and include the recommended fine;
(b)
Ensure that the complaint is filed with the executive director;
(c)
Cause the executive director of the department, or his designee, to review the complaint; and
(d)
Send or deliver a copy of the complaint and any supporting documents to the alleged violator along with a request for the alleged violator to respond to the allegations within thirty (30) days. The notification shall be accomplished by any of the methods provided for by the Mississippi Rules of Civil Procedure. Citations issued at the time of the alleged violation by marine enforcement officers shall constitute sufficient notice.
(2)
Upon receipt of the response and any supporting documents from the alleged violator, the executive director, or his designee, shall review all information on file to determine the merit of the complaint. If the executive director, or his designee, determines that the complaint lacks merit, the executive director may dismiss the complaint.
(3)
If the executive director, or his designee, determines that there are reasonable grounds to indicate that a violation has occurred or if the alleged violator admits to the truth of the allegations upon which the complaint is based, the executive director may impose a fine not to exceed Ten Thousand Dollars ($10,000.00) for each violation. The executive director shall send a copy of the imposed fine to the alleged violator.
(4)
The alleged violator shall have fifteen (15) days from receipt of the finding and imposed fine of the executive director within which to file a written request for an informal settlement conference with the executive director, or his designee. If the alleged violator requests a conference, the executive director, or his designee, shall meet with the alleged violator to discuss the proposed penalty and the possibility of an agreed settlement. The alleged violator may present evidence and written or oral comments at the executive director's conference. The alleged violator may be represented by legal counsel, at his or her own expense. If, in the judgment of the executive director, or his designee, a reasonable settlement is reached, the recommended penalty shall be revised accordingly. The executive director shall make the final decision regarding the penalty to be issued, which may include dismissal of the complaint, issuance of a warning in lieu of a penalty or a monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation. If a request for information settlement is not received within the timeframe provided, the executive director's imposed fine will be the final decision.
Laws, 2005, ch. 422, § 2, eff. 7/1/2005.
Amended by Laws, 2021, ch. 404, HB 1211,§ 2, eff. 7/1/2021.