Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 802 - Commercial Construction › Chapter 2 - Charges of Misconduct and Disciplinary Action › Rule 30-802-2.1 - Complaint And Hearing Procedures

Current through June 25, 2024
The Board shall act in accordance with the following
				  procedures when issuing a complaint and before imposing a monetary penalty upon
				  any contractor pursuant to Miss. Code Ann. §
									31-3-21:
a. Whenever the Board receives a complaint,
				or whenever the Board or an employee of the Board has reason to believe that a
				violation has occurred which is grounds for disciplinary action, the Board may
				cause a written complaint to be served upon the alleged violator or
				violators.
b. The written complaint
				shall specify the provisions of such statute, regulation or order alleged to be
				violated and the facts alleged to constitute a violation thereof and shall
				require that the alleged violator(s) appear before the Board at a time and
				place specified and answer the charges complained of. The time of appearance
				before the Board shall not be less than ten (10) days from the date of the
				service of the complaint, unless the Board finds that the health, safety and
				general welfare of all persons dealing with those against whom charges are
				levied is in imminent danger, requiring that such hearing be held at an earlier
				date. In no instance, however, shall the Board ever require an alleged
				violator(s) to appear less than five (5) days after the date of service of the
				complaint. Service of the complaint may be accomplished by mailing a copy
				thereof by certified mail, return receipt requested, postage prepaid to the
				last known mailing or residence address of the alleged violator(s), or by other
				lawful means of service.
c. The
				Board shall afford an opportunity for a fair hearing to the alleged violator(s)
				at the time and place specified in the complaint. The alleged violator(s) may
				be represented by counsel, and may call witnesses and present other competent
				evidence on its behalf. The Board shall conduct an administrative hearing, and
				shall not be bound by strict rules of civil procedure or strict rules of
				evidence in the conduct of its proceedings. On the basis of the evidence
				presented at the hearing, the Board shall make findings of fact and conclusions
				of law and enter its order. Failure to appear at any such hearing, without
				prior authorization to do so from the Board, may be taken by the Board as
				evidence of the facts alleged in the formal complaint.
d. When a complaint is issued, a notice of
				hearing shall be issued simultaneously including the date and location of the
				hearing along with a requirement that the accused contact the Board no later
				than five (5) 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.
e. If the accused fails to
				respond timely to the complaint, then the Board may consider the charges set
				forth therein and all other available evidence in determining whether the
				accused has violated the law. In the event the Board finds a violation of the
				law, then the Board may impose any of the penalties set forth in Miss. Code
				Ann. §
									31-3-21.
f. Any request for continuance must be made
				in writing and presented to the Board staff at least five (5) 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.
g. The Board shall render any order in
				writing and notify the alleged violator(s) of same by certified mail, to the
				last known mailing or residence address of the alleged violator(s).
h. At any time before or after being served
				with a complaint, any alleged violator(s) may waive its right to a hearing
				before the Board and agree to an imposition of the civil penalty, provided such
				waiver is in writing.
i. Any person
				aggrieved by any order or decision of the board may appeal pursuant to Miss.
				Code Ann. §
									31-3-23, as
				amended.
Miss. Code
				  Ann. §§
										25-43-3.101
				  - 25-43-3.115 and §§
										31-3-1, et
				  seq.