Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 803 - Residential Builders and Remodelers › Chapter 2 - Charges of Misconduct and Disciplinary Action › Rule 30-803-2.1 - Complaint and Hearing Procedures

Current through June 25, 2024
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).