reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 08 - Motions › Section 22-20-08-100

Current through June 25, 2024
Any motion or request for action by the hearing officer
				  relating to any proceeding pending before him or her filed by any party, except
				  those made orally on the record at the hearing, shall be in writing and shall
				  be directed to the hearing officer, with written notice and proof of service to
				  all parties. The caption of each motion shall contain the title and docket
				  number of the proceeding and a clear and plain statement of the relief sought,
				  together with the grounds therefore.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 08 - Motions › Section 22-20-08-103

Current through June 25, 2024
The hearing officer shall issue a written order deciding any
				  motion, unless the motion is made during the course of the hearing on the
				  merits while on the record. The hearing officer may request that the prevailing
				  party prepare a proposed order.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 09 - Form of Pleadings › Section 22-20-09-100

Current through June 25, 2024
Except as otherwise expressly provided in Part 20 or by the
				  hearing officer, there are no specific requirements as to the form of documents
				  filed in a proceeding under these rules.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 09 - Form of Pleadings › Section 22-20-09-101

Current through June 25, 2024
The original of any pleading, letter, document, or other
				  writing (other than an exhibit) shall be signed by the filing party or its
				  representative. The signature constitutes a representation by the signer that
				  it has read the document, that to the best of its knowledge, information and
				  belief, the statements made therein are true, and that it has not filed the
				  document for the purpose of delay.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 09 - Form of Pleadings › Section 22-20-09-102

Current through June 25, 2024
Any written legal argument or statement submitted to the
				  hearing officer by a participant in an action under this part shall be double
				  spaced and typed in a font size 12 point or larger.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 10 - Hearing Officers › Section 22-20-10-100

Current through June 25, 2024
In any matter subject to hearing pursuant to these rules, the
				  hearing officer shall have the authority to do any act and take all measures
				  necessary for the maintenance of order and for the efficient, fair and
				  impartial adjudication of issues arising in proceedings governed by these
				  rules, including, but not limited to, authority to hold pre-hearing
				  conferences; conduct hearings to determine all issues of fact and law
				  presented; to rule upon motions, requests and offers of proof, dispose of
				  procedural requests, and issue all necessary orders; to issue subpoenas and
				  subpoenas
duces tecum
for the attendance of a person and
				  production of testimony, books, documents, or other things; to compel the
				  attendance of a person residing anywhere in the state; to rule on objections,
				  privileges, defenses, and the receipt of relevant and material evidence; to
				  call and examine a party or witness and introduce into the hearing record
				  documentary or other evidence; to request a party at any time to state the
				  respective position or supporting theory concerning any fact or issues in the
				  proceeding; to certify official acts; to extend the submittal date of any
				  proceeding; to hear and determine all issues of fact and law presented and to
				  issue such interlocutory and final orders, findings, and decisions as may be
				  necessary for the full adjudication of the matter.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 11 - Issuance of and Response to Complaints › Section 22-20-11-101

Current through June 25, 2024
A complaint shall include:
101.01 The names of each respondent alleged
				to have committed a violation(s) covered under this Part 20;
101.02 A statement of the facts, in ordinary
				and concise language, that specifically identifies the statutes and/or rules
				alleged to have been violated and the acts or omissions of the respondents that
				constitutes the alleged violation(s). The statement shall be specific enough to
				afford the named respondents notice and information in which to prepare a
				defense;
101.03 Reference to these
				procedures, notice that a copy of the procedures is available from the
				DMR;
101.04 Inform the respondent of
				the consequences of failing to respond by the applicable
				deadline.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 11 - Issuance of and Response to Complaints › Section 22-20-11-102

Current through June 25, 2024
Excluding citations issued by Marine Patrol Officers, a
				  complaint shall be commenced by filing it with the secretary for the CMR and
				  service on the named respondent(s) by either personal or other form of service
				  consistent with Rule 4 of the Mississippi Rules of Civil Procedure.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 11 - Issuance of and Response to Complaints › Section 22-20-11-103

Current through June 25, 2024
Within thirty (30) days after service of the complaint, the
				  respondent or its representative may file a response to the complaint with the
				  CMR.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 11 - Issuance of and Response to Complaints › Section 22-20-11-104

Current through June 25, 2024
The respondent may:
104.01 Object to the complaint on the ground
				that it does not state acts or omissions upon which the agency may
				proceed;
104.02 Object to the form
				of the complaint on the ground that it is so indefinite or uncertain that the
				respondent cannot identify the transaction or prepare a defense;
104.03 Admit or deny the complaint, in whole
				or in part, specifying each allegation of fact or conclusion of law as to
				liability which is in dispute; or
104.04 Present new matters by way of
				affirmative defenses.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 11 - Issuance of and Response to Complaints › Section 22-20-11-106

Current through June 25, 2024
If the respondent fails to respond to the complaint in the
				  time periods provided in this section, the matter shall be considered a
				  default, and the respondent shall be considered to have waived his or her right
				  to appear and contest the complaint.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 11 - Issuance of and Response to Complaints › Section 22-20-11-107

Current through June 25, 2024
The issues for hearing shall be limited to those raised in
				  the complaint and the response. If the complaint alleges a repeat violation and
				  the validity of the earlier violations(s) was not contested because of the
				  respondent's failure to file a response/request for hearing, the validity of
				  the earlier violations(s) shall not be at issue.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 12 - Pre-hearing Procedures › Section 22-20-12-102

Current through June 25, 2024
The hearing officer may, on his or her own motion or upon
				  request of any party accompanied by a showing of good cause, continue a hearing
				  to another time or place.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 12 - Pre-hearing Procedures › Section 22-20-12-104

Current through June 25, 2024
All hearings shall be conducted at the offices of the
				  Department of Marine Resources, 1141 Bayview Avenue, Biloxi, MS 39530, or such
				  other location selected by the hearing officer.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 13 - Settlement Agreements and Consent Orders › Section 22-20-13-102

Current through June 25, 2024
The hearing officer assigned to hear the merits of the case,
				  shall thereafter enter a proposed agreed order in accordance with the terms of
				  the settlement agreement. Proposed agreed orders are subject to approval of the
				  CMR.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 14 - Discovery › Section 22-20-14-100

Current through June 25, 2024
The provisions of this section provide the exclusive right
				  to, and method of, discovery as to any proceeding governed by these hearing
				  procedures. However, nothing in this section prohibits the parties from
				  voluntarily stipulating to provide discovery deemed appropriate. This section
				  does not authorize the inspection or copying of, any writing, or thing which is
				  privileged from disclosure by law or protected as part of an attorney's work
				  product.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 14 - Discovery › Section 22-20-14-101

Current through June 25, 2024
Unless otherwise stipulated to by the parties, a party may
				  request:
101.01 The names and addresses
				of witnesses to the extent known to the other party, including, but not limited
				to, those intended to be called to testify at the hearing; and
101.02 The opportunity to inspect and make a
				copy of anything, document, statement or other writings relevant to the issues
				for hearing that are in the possession, custody or control of the other party
				and would be admissible in evidence.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 14 - Discovery › Section 22-20-14-102

Current through June 25, 2024
Information subject to disclosure includes the following
				  information from inspection or investigative reports prepared by, or on behalf
				  of, any party that pertain to the subject matter of the proceeding
102.01 names and addresses of witnesses or of
				persons (other than confidential informants) having personal knowledge of the
				issues involved in the proceeding;
102.02 matters perceived by the investigator
				in the course of his or her investigation (as opposed to his or her analysis or
				conclusions), and
102.03 statements
				related to the issues of the proceedings which are otherwise admissible. For
				purposes of this section, "anything, document, statement or other writings
				relevant to the issues for hearing that are in the possession, custody, or
				control of the other party" would include those items within the possession,
				custody, or control of a third-party who obtained or used such items while
				acting as a representative, contractor, or agent of the "other
				party."
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 14 - Discovery › Section 22-20-14-103

Current through June 25, 2024
The hearing officer shall set the time for the exchanging of
				  the names and addresses of witnesses and the inspecting and copying of relevant
				  things, documents, statements, and other writings identified in section 101.02
				  above. Unless other arrangements are made, the party requesting the writings
				  shall pay for the copying.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 14 - Discovery › Section 22-20-14-105

Current through June 25, 2024
Absent a stipulation between the parties, a party claiming
				  that certain writings or things are privileged against disclosure shall, within
				  five (5) days of receipt of the request for inspection and copying, serve on
				  the requesting party a written statement setting forth what matters it claims
				  are privileged and the reasons supporting its claims.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 14 - Discovery › Section 22-20-14-106

Current through June 25, 2024
Any party claiming that its request for discovery pursuant to
				  this section has not been complied with or that the opposing party has failed
				  to comply with a stipulated agreement to provide discovery may serve and file
				  with the hearing officer a motion to compel the party who has refused or failed
				  to produce the requested or stipulated discovery to comply. The motion shall
				  include the following:
106.01 Facts
				showing the party has failed or refused to comply with a discovery request or
				stipulation;
106.02 A description of
				the information sought to be discovered;
106.03 The reasons why the requested
				information is discoverable;
106.04
				Evidence that a reasonable and good faith attempt to contact the non-complying
				party for an informal resolution of the issue has been made; and
106.05 To the extent known by the moving
				party, the measures for the non-complying party's refusal to provide the
				requested information.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 14 - Discovery › Section 22-20-14-107

Current through June 25, 2024
The motion shall be filed within five (5) days after the date
				  the requested information was to be made available for inspection and copying
				  or the date of notification of the refusal to comply with the discovery
				  request.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 14 - Discovery › Section 22-20-14-108

Current through June 25, 2024
The hearing on the motion to compel discovery shall be held
				  within ten (10) days after the motion is filed, or a later time that the
				  hearing officer may on his or her own motion for good cause determine. The
				  party who has refused or failed to provide discovery shall have the right to
				  serve and file a written answer or other response which shall be due at the
				  hearing office and personally served on all parties at least three (3) days
				  prior to the date set for hearing.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 14 - Discovery › Section 22-20-14-109

Current through June 25, 2024
Unless otherwise stipulated by the parties, the hearing
				  officer shall no later than five (5) days after the hearing make its order
				  denying or granting the motion. The order shall be in writing setting forth the
				  matters the moving party is entitled to discover. The hearing officer shall
				  serve a copy of the order by mail upon the parties.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 14 - Discovery › Section 22-20-14-110

Current through June 25, 2024
If after receipt of an order directing compliance with the
				  provisions of these rules regarding discovery, a party fails, without good
				  cause, to comply with the order, the hearing officer may draw adverse
				  inferences against that party and may prevent that party from introducing any
				  evidence that had been requested and not produced during discovery into the
				  administrative record.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 14 - Discovery › Section 22-20-14-111

Current through June 25, 2024
Subpoenas and subpoenas
duces tecum
may be
				  issued for attendance at a hearing and for production of documents at any
				  reasonable time and place or at a hearing.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 14 - Discovery › Section 22-20-14-113

Current through June 25, 2024
The custodian of documents that are the subject of a subpoena
duces tecum
may satisfy the subpoena by delivery of the
				  documents or a copy of the documents, or by making the documents available for
				  inspection or copying.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 14 - Discovery › Section 22-20-14-115

Current through June 25, 2024
Upon timely motion of a party or witness, or upon his or her
				  own motion, after notice to the parties and an opportunity to be heard and upon
				  a showing of good cause, the hearing officer may order the quashing of a
				  subpoena or subpoena
duces tecum
entirely, may modify it, or
				  may direct compliance with it upon other terms or conditions. In addition, the
				  hearing officer may make any other order as may be appropriate to protect a
				  party or witness from unreasonable or oppressive demands.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 14 - Discovery › Section 22-20-14-116

Current through June 25, 2024
In the case of the production of a party to the record of a
				  proceeding or of a person for whose benefit a proceeding is prosecuted or
				  defended, the service of a subpoena on the witness is not required if written
				  notice requesting the witness to attend, with the time and place of the
				  hearing, is served on the representative of the party or person.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 14 - Discovery › Section 22-20-14-117

Current through June 25, 2024
A witness other than an employee of the state or a political
				  subdivision thereof appearing pursuant to a subpoena or a subpoena
duces tecum,
other than a party, shall receive the same
				  mileage, and appearance fees allowed by law; such fees are to be paid by the
				  party at whose request the witness is subpoenaed.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 15 - Contempt and Sanctions › Section 22-20-15-100

Current through June 25, 2024
If any person in proceedings before the hearing officer or
				  CMR disobeys or resists any lawful order or refuses to respond to a subpoena,
				  subpoena
duces tecum,
or refuses to take the oath or
				  affirmation as a witness or thereafter refuses to be examined, or is guilty of
				  misconduct during a hearing or in its immediate vicinity as to obstruct the
				  proceedings, the hearing officer may or CMR may invoke the assistance of any
				  court of general jurisdiction to order the person or entity to comply with the
				  subpoena and directions of the hearing officer or CMR.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 16 - Hearings › Section 22-20-16-101

Current through June 25, 2024
The hearing shall be presided over by a hearing officer who
				  shall conduct a fair and impartial hearing in which each party has a reasonable
				  opportunity to be heard and to present evidence.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 16 - Hearings › Section 22-20-16-103

Current through June 25, 2024
Subject to reasonable limitations that may be imposed by the
				  hearing officer, each party to the proceeding shall have the right to:
103.01 Call and examine witnesses;
103.02 Introduce exhibits;
103.03 Question opposing witnesses on any
				matter relevant to the issues even though that matter was not covered in the
				direct examinations;
103.04 Impeach
				any witness regardless of which party first called the witness to testify;
				and
103.05 Call and examine an
				opposing party as if under cross-examination, even if that party does not
				testify on his or her own behalf
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 16 - Hearings › Section 22-20-16-104

Current through June 25, 2024
The complainant shall have the initial burden of presenting
				  evidence in support of issuance of the complaint, the requested penalty, and
				  any other material that is pertinent to the issues to be determined by the
				  hearing officer.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 16 - Hearings › Section 22-20-16-105

Current through June 25, 2024
At the conclusion of complainant's case-in-chief, the
				  respondent has the burden of presenting any defense to the allegations set
				  forth in the complaint and any response or evidence with respect to the
				  appropriate relief The respondent has the right to examine, respond to, or
				  rebut the allegations of the complaint and any proffered evidence and material.
				  The respondent may offer any documents, testimony, or other exculpatory
				  evidence which bears on appropriate issues, or may be relevant to the penalty
				  amount.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 16 - Hearings › Section 22-20-16-106

Current through June 25, 2024
At the close of respondent's presentation of evidence, the
				  parties respectively have the right to introduce rebuttal evidence that is
				  necessary to resolve disputed issues of material fact, subject to any limits
				  imposed by the hearing officer.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 16 - Hearings › Section 22-20-16-107

Current through June 25, 2024
The hearing officer may:
107.01 Limit the number of witnesses and the
				scope and extent of any direct examination, cross-examination, or rebuttal
				testimony, as necessary, to protect the interests of justice and conduct a
				reasonably expeditious hearing;
107.02 Require the authentication of any
				written exhibit or statement;
107.03
				Call and examine a party or witness and may, on his or her own motion, admit
				any relevant and material evidence;
107.04 Exclude persons whose conduct impedes
				the orderly conduct of the hearing; or
107.05 Take other action to promote due
				process or the orderly conduct of the hearing.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 16 - Hearings › Section 22-20-16-108

Current through June 25, 2024
The taking of evidence in a hearing shall be controlled by
				  the hearing officer in the manner best suited to ascertain the facts and
				  safeguard the rights of the parties.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 16 - Hearings › Section 22-20-16-111

Current through June 25, 2024
A verbatim transcript of the official recording will not
				  normally be prepared but may be ordered by the hearing officer if deemed
				  necessary to permit a full and fair review and resolution of the case. If not
				  so ordered by the hearing officer, a party may, at its own expense, request
				  that a verbatim transcript be made. The party making the request shall provide
				  one copy to the hearing officer and one copy to every other
				  party.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 16 - Hearings › Section 22-20-16-112

Current through June 25, 2024
The official recording of the hearing and transcript of the
				  recording, together with all written submissions made by the parties, shall
				  become part of the administrative record for the proceeding.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 16 - Hearings › Section 22-20-16-114

Current through June 25, 2024
The hearing need not be conducted according to technical
				  rules relating to evidence and witnesses. The hearing officer shall admit
				  evidence which is the sort of evidence on which responsible persons are
				  accustomed to rely in the conduct of serious affairs, regardless of the
				  existence of any common law or statutory rule which might make improper the
				  admission of such evidence over objection in civil actions, and which is not
				  irrelevant, immaterial, unduly repetitious, or otherwise unreliable or of
				  little probative value. Hearsay evidence may be used for the purpose of
				  supplementing or explaining other evidence, but upon timely objection shall not
				  be sufficient in itself to support a finding unless it would be admissible over
				  objection in civil actions.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 16 - Hearings › Section 22-20-16-115

Current through June 25, 2024
In reaching a decision, official notice may be taken, either
				  before or after submission of the proceeding for decision, of any generally
				  accepted technical or scientific matter within the CMR/DMR's area of expertise.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 16 - Hearings › Section 22-20-16-116

Current through June 25, 2024
Upon motion of a party, the hearing officer may exclude from
				  the hearing room any witnesses not at the time under examination; but the
				  parties or their representatives to the proceeding shall not be excluded.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 17 - Decisions of the Hearing Officer › Section 22-20-17-100

Current through June 25, 2024
Upon motion, the hearing officer may find a party to be in
				  default upon failure to file a timely response to the complaint; to appear at a
				  scheduled conference or hearing; or to comply with an order of the hearing
				  officer.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 17 - Decisions of the Hearing Officer › Section 22-20-17-101

Current through June 25, 2024
For purposes of a pending complaint action, a default by
				  respondent shall constitute an admission of all facts alleged in the complaint
				  and a waiver of respondent's right to a hearing of the allegations.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 17 - Decisions of the Hearing Officer › Section 22-20-17-102

Current through June 25, 2024
A default by complainant shall constitute a waiver of
				  complainant's right to proceed on the merits of the action and shall result in
				  the dismissal of the complaint with prejudice.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 17 - Decisions of the Hearing Officer › Section 22-20-17-103

Current through June 25, 2024
No finding of default shall be made against the respondent
				  unless the complainant presents sufficient evidence to establish prima facie
				  showing that the CMR//DMR had jurisdiction over the matters at issue and that
				  the complaint was properly served.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 17 - Decisions of the Hearing Officer › Section 22-20-17-104

Current through June 25, 2024
Any proceeding may be reinstated by the hearing officer upon
				  a showing of good cause that contains sufficient facts to show or establish a
				  reasonable basis for the failure to appear at the hearing. The request for
				  reinstatement shall be made by the defaulting party within ten (10) days of
				  service of the default order.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 17 - Decisions of the Hearing Officer › Section 22-20-17-105

Current through June 25, 2024
Within a reasonable period of time after the hearing, the
				  hearing officer shall make findings upon all facts relevant to the issues for
				  hearing. The hearing officer shall include a recommendation to the CMR on the
				  final disposition of the complaint and a recommendation on the fine to be
				  imposed.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 18 - Penalty Assessment Criteria › Section 22-20-18-100

Current through June 25, 2024
In determining penalties, the hearing officer and CMR shall
				  consider all relevant circumstances, including, but not limited to:
100.01 The extent of harm caused by the
				violation;
100.02 The nature and
				persistence of the violation;
100.03
				The length of time over which the violation occurs;
100.04 The frequency of past violations;
				and
100.05 The cooperation of the
				respondent during the course of the investigation and any action taken by the
				defendant, including the nature, extent, and time of response of any action
				taken to mitigate the violation
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 19 - Decision of the CMR › Section 22-20-19-100

Current through June 25, 2024
At a regular monthly meeting of the CMR occurring more than
				  fourteen (14) days after the submission of the findings and recommendation of
				  the hearing officer, the CMR shall make a final determination of the alleged
				  violation.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 19 - Decision of the CMR › Section 22-20-19-102

Current through June 25, 2024
If the CMR accepts the recommendation of the hearing officer
				  the findings of facts and conclusions of law submitted by the hearing officer
				  shall be adopted as the findings of the CMR.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 20 - Final Order or Decision; Judicial Review › Section 22-20-20-100

Current through June 25, 2024
A respondent adversely affected by a final decision of the
				  CMR may file an appeal with the Chancery Court of Harrison County, Second
				  Judicial District.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 20 - Final Order or Decision; Judicial Review › Section 22-20-20-102

Current through June 25, 2024
The appeal shall be filed within thirty (30) days after
				  notification of the decision of the Commission is served or mailed to the party
				  seeking judicial review.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 20 - Final Order or Decision; Judicial Review › Section 22-20-20-103

Current through June 25, 2024
The appeal shall be perfected by upon filing notice of the
				  appeal and by the prepayment of all estimated costs, including the cost of
				  preparation of the record of the proceedings before the commission, and the
				  filing of a bond in the sum of Five Hundred Dollars ($500.00), conditioned that
				  if the action of the commission is affirmed by the chancery court, the
				  appealing party shall pay the costs of the appeal to the chancery court.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 20 - Final Order or Decision; Judicial Review › Section 22-20-20-104

Current through June 25, 2024
The scope of the review by the chancery court shall be
				  limited to a review of the record made before the commission to determine if
				  the action of the commission is unlawful for the reason that it was:
104.01 Not supported by substantial
				evidence;
104.02 Arbitrary or
				capricious; or
104.03 In violation
				of some statutory or constitutional right of the
				individual.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 21 - Penalties › Section 22-20-21-100

Current through June 25, 2024
Any violation of the rules and regulations of the CMR or
				  violations of Mississippi Code Sections
				  49-15-1
				  through
				  49-15-321,
				  49-27-1
				  through
				  49-27-71,
				  59-21-111,
				  or other statutes within the jurisdiction of the CMR may result in the
				  imposition of administrative penalties not to exceed Ten Thousand Dollars
				  ($10,000.00) for each violation.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 21 - Penalties › Section 22-20-21-101

Current through June 25, 2024
Violations of rules and regulations of the CMR may also
				  constitute a misdemeanor punishable by fine and or imprisonment in the county
				  jail as provided for in Mississippi Code Section
				  49-15-63(1)
				  (a).
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 21 - Penalties › Section 22-20-21-102

Current through June 25, 2024
The CMR/DMR is prohibited from pursuing a violator for
				  administrative penalties and a misdemeanor conviction for the same offense. If
				  a respondent has committed multiple offenses the CMR/DMR may pursue separate
				  violations in different forums.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 21 - Penalties › Section 22-20-21-104

Current through June 25, 2024
Suspension or revocation of reguIatory program requirements
				  such as but not limited to, endorsements, tags, permits or similar provisions
				  may be commenced in addition to seeking administrative
				  penalties.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 21 - Penalties › Section 22-20-21-105

Current through June 25, 2024
The Commission may suspend or revoke regulatory program
				  requirements established by the Commission, such as but not limited to,
				  endorsements, lags, permits, or similar provisions for violations related to
				  that particular program in accordance with the Following schedule:
For 1st offenses, a suspension for
				  up to 3 months;
For 2nd offenses, a suspension for
				  up to 6 months;
For 3rd offenses, a suspension of
				  up to 1 year:
For 4th and subsequent offenses, a
				  suspension for up to 2 years or revocation.
Suspensions shall be scheduled for a time period coinciding
				  with the particular fishing season in which the offense is related.
If the violation is deemed to be so egregious to warrant a
				  suspension outside of the penalty matrix, the Commission, by unanimous vote,
				  may impose a suspension outside of the above matrix by skipping to the next
				  level. (For example, if it's a offense that is deemed to be so egregious to
				  warrant a suspension outside of the penalty matrix staled above, the
				  Commission, by unanimous vote, may impose a suspension for up to 6 months as
				  allowed under the 2 offense tier.)
In the event that a violator does not pay the administrative
				  penalty assessed by the Commission in full within twenty-four (24) months, the
				  Commission may, by majority vole, indefinitely suspend the endorsement, tag,
				  permit or similar regulatory program requirement related to the violation until
				  such time as the penalty is paid in Full.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 20 - ADMINISTRATIVE PENALTY PROCEDURES › Chapter 22 - Chapters and Sub Declared Separable › Section 22-20-22-100

Current through June 25, 2024
Each chapter and subchapter of Title 22 Part 20 shall be
				  declared separable, and if any chapter or subchapter or part thereof shall be
				  held invalid or unconstitutional, the balance of said Title 22 Part 20 shall
				  remain in full force and effect.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-21-02-100

Current through June 25, 2024
The Mississippi Commission on Marine Resources (MCMR) has
				  determined that it is in the best interest of the State of Mississippi and
				  necessary for the protection, conservation, and propagation of all saltwater
				  crabs in the waters under the territorial jurisdiction of the State of
				  Mississippi to regulate the processing of saltwater crabs in the
				  state.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-21-02-101

Current through June 25, 2024
The MCMR is authorized by Miss. Code Ann. §
									49-15-15(1)
				  (c), as amended, to regulate all seafood
				  sanitation and processing programs.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-21-02-102

Current through June 25, 2024
Miss. Code Ann. §
									49-15-63, as
				  amended, addresses general penalties for violation of these
				  regulations.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-21-02-103

Current through June 25, 2024
Miss. Code Ann. §
									49-15-29,
				  as amended, authorizes the MCMR to assess and collect certain taxes and license
				  fees.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-21-02-104

Current through June 25, 2024
Miss. Code Ann. §
									49-15-30,
				  as amended, authorizes the MCMR to promulgate regulations for nonresident
				  certificates.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-21-02-105

Current through June 25, 2024
Miss. Code Ann. §
									49-15-63, as
				  amended, addresses general penalties for violation of these
				  regulations.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-21-03-100 - BACKING

Current through June 25, 2024
BACKING
- the act of removing a crab's carapace
				  and internal organs.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-21-03-101 - CERTIFICATION or CERTIFY

Current through June 25, 2024
CERTIFICATION or CERTIFY
- the issuance of a
				  numbered certificate to a person, firm, or corporation that indicates
				  permission from the authority to process crabs.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-21-03-102 - CERTIFICATION NUMBER

Current through June 25, 2024
CERTIFICATION NUMBER
- a unique combination of
				  letters and numbers, as assigned by the Mississippi Department of Marine
				  Resources (MDMR), to each processor for each location. Each certification
				  number shall consist of a three-digit Arabic number preceded by the two-letter
				  state abbreviation (MS) and followed by the two-letter abbreviation for the
				  activity of crab processing (CP).
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-21-03-103 - CERTIFIED CRAB PLANT

Current through June 25, 2024
CERTIFIED CRAB PLANT
- a person, firm, or
				  corporation that has a building or facility/unit, used for processing saltwater
				  crabs and possesses a valid seafood processor's license and certification
				  number.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-21-03-104 - COMPLIANCE SCHEDULE

Current through June 25, 2024
COMPLIANCE SCHEDULE
- a written schedule that
				  provides a correction date to eliminate the deficiencies noted during
				  inspections.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-21-03-105 - CRITICAL DEFICIENCY ("C")

Current through June 25, 2024
CRITICAL DEFICIENCY ("C")
- a condition or
				  practice that results in the production of a product that is unwholesome or
				  presents a threat to the health or safety of the consumer.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-21-03-106 - CROSS CONNECTION

Current through June 25, 2024
CROSS CONNECTION
- an unprotected actual or
				  potential connection between a potable water system and any source or system
				  containing unapproved water or a substance that is not or cannot be approved as
				  safe and potable.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-21-03-107 - EASILY CLEANABLE

Current through June 25, 2024
EASILY CLEANABLE
- a surface which is readily
				  accessible and is made of such materials, has a finish, and is so fabricated
				  that normal cleaning methods will effectively remove
				  residues.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-21-03-108 - FINISHED PRODUCT CONTAINER

Current through June 25, 2024
FINISHED PRODUCT CONTAINER
- any receptacle
				  used for containing processed saltwater crabs.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-21-03-109 - FOOD CONTACT SURFACE

Current through June 25, 2024
FOOD CONTACT SURFACE
- those surfaces that
				  contact human food and those surfaces from which drainage onto the food or onto
				  surfaces that contact the food ordinarily occurs during the normal course of
				  operations. Food contact surfaces include utensils and food contact surfaces of
				  equipment.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-21-03-110 - KEY DEFICIENCY ("K")

Current through June 25, 2024
KEY DEFICIENCY ("K")
- a condition or practice
				  that could potentially result in adulterated, decomposed, misbranded or
				  unsanitary product.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-21-03-111 - LABEL

Current through June 25, 2024
LABEL
- any written, printed or graphic matter
				  affixed to or appearing upon any finished product container.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-21-03-112 - MISBRANDED

Current through June 25, 2024
MISBRANDED
- products shall be deemed misbranded
				  if its labeling is false or misleading in any way, or if it does not bear a
				  label in accordance with this Part.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-21-03-113 - OTHER DEFICIENCY ("O")

Current through June 25, 2024
OTHER DEFICIENCY ("O")
- a condition or practice
				  which is not defined as critical or key and is not in accordance with the
				  requirements of this Part.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 21 - RULES AND REGULATIONS FOR THE PROCESSING OF SALTWATER CRABS IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-21-03-114 - PEST

Current through June 25, 2024
PEST
- any objectionable animals or insects
				  including, but not limited to birds, rodents, flies, and
				  larvae.