Mississippi Administrative Code › Title 5 - Banking and Consumer Finance › Part 3 - Consumer Finance Activities › Chapter 5 - General Hearing Procedures › DBCF General Procedures for Hearings › Rule 5-3-5-1.0 - Purpose of These Rules and Procedures

Current through June 25, 2024
These rules and procedures are adopted for the purpose of
					 providing a general guideline for the conduct of any administrative hearings
					 for which the Commissioner of the Department of Banking and Consumer Finance,
					 State of Mississippi ("Commissioner") has been charged by law to conduct
					 relating to businesses, professions, or licenses within the jurisdiction of the
					 Mississippi Department of Banking and Consumer Finance (the "Department" or
					 "DBCF").
1.1; These Rules and
				  Procedures are intended to supercede and replace only the existing Department
				  rules at "Docket Number 25" adopted effective January 3, 1997. No other rules
				  or regulations previously adopted by the Department are affected by these Rules
				  and Procedures.
1.2; As of the
				  adoption of these Rules and Procedures, the Department is charged with the
				  oversight of fourteen (14) separate industries in the State of Mississippi.
				  Certain industries have an existing statutory or separately adopted regulatory
				  framework that control hearings for that given industry. There presently exist
				  separate rules and procedures for all hearings conducted by the State Board of
				  Banking Review; for hearings involving state-chartered banks; as well as
				  hearings pursuant to the Mississippi Small Loan Acts, the Motor Vehicle Sales
				  Finance Laws, and Consumer Loan Broker Laws.
Small Loan Regulatory Law §§
											75-67-101, et
					 seq.
Small Loan Privilege Tax Law §§
											75-67-201, et
					 seq.
Motor Vehicle Sales Finance Law §§
											63-19-1,
					 et seq.
Consumer Loan Broker Act §§
											81-19-1,
					 et seq.
None of the existing statutes, rules or regulatory
					 procedures are amended by these Rules and Procedures, however, these Rules and
					 Procedures may supplement existing statutes or rules to provide a mandatory
					 appeal process following the written denial of a license application or renewal
					 application.
Absent conflict with statutes or rules, these Hearing
					 Rules and Procedures may control Hearings in any industries regulated by the
					 Department, now or any time in the future, unless otherwise expressly provided
					 in statute or regulation.
1.3 Authority to Promulgate; In addition to
				  the statutory authority listed above, these Rules and Procedures are adopted
				  pursuant to various existing sections of the Code of Mississippi (1972)
				  including, but not limited to the following, as well as any other delineated
				  licensing, chartering, supervisory or regulatory authority in any industry
				  expressly vested in the Commissioner, now or in the future.:
* Money Transmitters Act §§
											75-15-1, et
					 seq.
* Insurance Premium Finance Law §§
											81-21-1,
					 et seq.
* Mississippi Pawnshop Act §§
											75-67-301,
					 et seq.
* Mississippi Title Pledge Act §§
											75-67-401, et
					 seq.
* Mississippi Check Cashers Act §§
											75-67-501,
					 et seq.
* Mississippi Debt Management Services Act §§
											81-22-1,
					 et seq.
* Credit Availability Act §§
											75-67-601
					 et seq.
1.4 Severability; If
				  any provision, section, subsection, sentence, clause or phrase of any of the
				  Rules and Procedures, or the application of the same to any person or entity or
				  any set of circumstances, is for any reason challenged or held to be invalid,
				  null or void, the remaining rules, procedures or regulations or any application
				  thereof to any person or circumstances shall remain valid.
1.5 Notice of Hearing; A written notice
				  specifying the violation(s) or offense(s) for which the licensee (or any person
				  or entity subject to the jurisdiction of the Department) is charged and a
				  notice of the time and place of the hearing shall be served at least ten (10)
				  days prior to the hearing date. Such notice may be served by mailing a copy of
				  the notice, via certified mail postage prepaid, to the last known residential
				  or business address of the licensee, person or entity. Service via
				  hand-delivery, electronic communications, or other methods may also be used to
				  perfect service of the notice upon the party or its representative. Notice to a
				  representative shall be deemed notice to the party represented.
1.5.1 Waiver; A properly noticed party's
				  failure to timely respond to Notice shall constitute that party's full and
				  complete waiver of the party's intent to attend the noticed Hearing or
				  otherwise defend against the charges. A properly noticed Hearing may thereafter
				  be conducted by the Commissioner without the party charged being present or
				  represented.