Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 3 - (Me -2007-3) Rules And Regulations For The Uniform Standards Code For The Factory Built Homes Law As Related To Modular Homes › Rule 19-7-3.05 - Hearings, Appeals, And Penalties › Section 19-7-3.05.1 - Hearings and Appeals

Current through June 25, 2024
A. An
				  administrative review of all licensees' (manufacturers, retailers, developers,
				  modular home contractors and installers/transporters) privilege licenses
				  pursuant to
Mississippi Code Ann.
, Section
				  75-49-9(7)(1992
				  and Supp. 2013), shall be conducted upon receipt of a verifiable written
				  complaint of any nature that exceeds sixty (60) days in length without
				  resolution. This administrative review may result in a possible administrative
				  hearing pursuant to
Mississippi Code Ann.
, Section
				  75-49-13.
				  The sixty (60) day period shall not serve as a mandatory waiting period. In the
				  appropriate case, the Commissioner may, at his discretion, schedule an
				  administrative hearing prior to the expiration of sixty (60) days.
B. The Commissioner shall not deny an
				  application for a license without first providing the applicant a hearing, or
				  an opportunity to be heard, on the question of whether he is qualified under
				  the provisions of the applicable Mississippi law and this Regulation to receive
				  the license for which the applicant filed an application.
C. The Commissioner shall not revoke or
				  suspend a license without first giving the licensee a hearing, or an
				  opportunity to be heard, on the question of whether there are sufficient
				  grounds, under the provisions of the applicable Mississippi law and this
				  Regulation, on which to base such revocation or suspension.
D. Any interested party shall have the right
				  to have the Commissioner call a hearing for the purpose of taking action in
				  respect to any matter within the Commissioner's jurisdiction by filing with the
				  Commissioner a verified written complaint setting forth the grounds on which
				  the complaint is based.
E. The
				  Commissioner may on his own motion call a hearing for the purpose of taking
				  action in respect to any matter within his jurisdiction.
F. When a hearing is to be held before the
				  Commissioner, the Commissioner shall give written notice thereof to all parties
				  whose rights may be affected thereby. The notice shall set forth the reason for
				  the hearing, the questions or issues to be decided by the Commissioner at such
				  hearing, and the time for and place where the hearing will be held. All such
				  notices shall be mailed to all parties whose rights may be affected by such
				  hearing by registered or certified mail, addressed to their last known
				  address.
G. All parties whose
				  rights may be affected at any hearing before the Commissioner shall have the
				  right to appear personally and by counsel, to cross-examine witnesses appearing
				  against them, and to produce evidence and witnesses in their own behalf. The
				  Commissioner shall make and keep a record of each such hearing and shall
				  provide a transcript thereof to any interested party upon such party's written
				  request and at the party's expense. The Commissioner will provide a transcript
				  to the requesting party AFTER receiving payment for the transcript. Testimony
				  taken at all hearings shall be taken either stenographically or by
				  machine.
H. If any party who is
				  notified of a hearing as outlined herein fails to appear at such hearing,
				  either in person or by counsel, the Commissioner may make any decision and take
				  any action he deems necessary or appropriate with respect to any issues or
				  questions scheduled for the hearing. In accordance with the applicable
				  Mississippi law and this Regulation, the defaulting party shall have no right
				  to appeal such a decision of the Commissioner.
I. All decisions of the Commissioner with
				  respect to the hearings provided for in this section shall be incorporated into
				  orders of the Commissioner. All such orders shall be made available during
				  normal office hours for inspection by interested persons.
J. It shall be the duty of the sheriffs and
				  constables of the counties of this state and of any employee of the
				  Commissioner, when so directed by the Commissioner, to execute any summons,
				  citation, or subpoena which the Commissioner may cause to be issued and to make
				  his return thereof to the Commissioner. The sheriffs and constables so serving
				  and returning same shall be paid for so doing the same fees provided for such
				  services in circuit court. Any person who appears before the Commissioner or a
				  duly designated employee of his department in response to a summons, citation,
				  or subpoena shall be paid the same witness fee and mileage allowance as
				  witnesses in the circuit court. In case of failure or refusal on the part of
				  any person to comply with any summons, citation, or subpoena issued and served
				  as above authorized or in the case of the refusal of any person to testify or
				  answer to any matter regarding which he may be lawfully interrogated or the
				  refusal of any person to produce his record books and accounts relating to any
				  matter regarding which he may be lawfully interrogated, the chancery court of
				  any county of the State of Mississippi, or any chancellor of any such court in
				  vacation, may, on application of the Commissioner, issue an attachment for such
				  person and compel him to comply with such summons, citation, or subpoena and to
				  attend before the Commissioner or his designated employee and to produce the
				  documents specified in any subpoena duces tecum and give his testimony upon
				  such matters as he may be lawfully required. Any such chancery court, or any
				  chancellor of any such court in vacation, shall have the power to punish for
				  contempt, as in case of disobedience of like process issued from or by any such
				  chancery court, or by refusal to testify therein in response to such process,
				  and such person shall be taxed with the costs of such proceedings.
K. No decision of the Commissioner made as a
				  result of a hearing under the provisions of this section shall become final
				  with respect to any party affected and aggrieved by such decision until such
				  party shall have exhausted or shall have had an opportunity to exhaust all of
				  his remedies provided for by this section; provided, however, any such decision
				  may be made final if the Commissioner finds that failure to do so would be
				  detrimental to the public interest or public welfare, but the finality of any
				  such decision shall not prevent any party or parties affected and aggrieved
				  thereby to appeal the same in accordance with the appellate procedure set forth
				  in this section.
L. The
				  Commissioner shall prescribe the rules of order or procedure to be used in
				  hearings or other proceedings before him; however, these rules of order or
				  procedure shall not be in conflict or contrary to the provisions of "The
				  Uniform Standards Code for Factory-Built Homes Law," codified at
Mississippi Code Ann.
, Section
				  75-49-1
et
				  seq.
M. In accordance with
Mississippi Code Ann.
Section
				  75-49-13(9),
				  the following procedure shall govern in taking and perfecting appeals:
1. Any person who is a party to any hearing
				  before the Commissioner and who is aggrieved by any decision of the
				  Commissioner with respect to any hearing before him, unless prevented by the
				  provisions of paragraph H. of this section, shall have the right of appeal to
				  the chancery court of the county of such person's residence or principal place
				  of business within this state. If any such person is a nonresident of this
				  state, he shall have the right of appeal to the chancery court of the first
				  judicial district of Hinds County, Mississippi. All such appeals shall be taken
				  and perfected within sixty (60) days from the date of the decision of the
				  Commissioner which is the subject of the appeal. The chancery court to which
				  such appeal is taken may affirm such decision or reverse and remand the same to
				  the Commissioner for further proceedings as justice may require or dismiss such
				  decision. All such appeals shall be taken and perfected, heard and determined,
				  either in term time or in vacation, on the record, including a transcript of
				  pleadings and evidence, both oral and documentary, heard and filed before the
				  Commissioner. In perfecting any appeal provided by herein, the provisions of
				  law respecting notice to the reporter and allowance of bills of exceptions, now
				  or hereafter in force, respecting appeals from the chancery court to the
				  supreme court shall be applicable, provided, however, that the reporter shall
				  transcribe his notes, taken stenographically or by machine, and file the record
				  with the Commissioner within thirty (30) days after approval of the appeal
				  bond, unless, on application of the reporter, or of the appellant, an
				  additional fifteen (15) days shall have been allowed by the Commissioner to the
				  reporter within which to transcribe his notes and file the transcript of the
				  record with the Commissioner.
2.
				  Upon the filing with the Commissioner of a petition of appeal to the proper
				  chancery court, it shall be the duty of the Commissioner, as promptly as
				  possible, and in any event within sixty (60) days after approval of the appeal
				  bond, to file with the clerk of said chancery court to which the appeal is
				  taken, a copy of the petition for appeal and of the decision appealed from, and
				  the original and one (1) copy of the transcript of the record of the
				  proceedings and evidence before the Commissioner After the filing of said
				  petition, the appeal shall be perfected by the filing of a bond in the penal
				  sum of Five Hundred Dollars ($500.00) with two (2) sureties or with a surety
				  company qualified to do business in Mississippi as surety, conditioned to pay
				  the costs of such appeal, said bond to be approved by the Commissioner or by
				  the clerk of the chancery court to which such appeal is taken.