Mississippi Administrative Code › Title 5 - Banking and Consumer Finance › Part 3 - Consumer Finance Activities › Chapter 5 - General Hearing Procedures › APPEAL OF DENIAL OF APPLICATION(S) FOR LICENSURE IN A REGULATED INDUSTRY; MANDATORY APPEAL DIRECTLY TO COMMISSIONER; ABBREVIATED HEARING PROCESS › Rule 5-3-5-8.0

Current through June 25, 2024
In the absence of any express authority to the contrary,
					 the following shall amend the general hearing process described above or
					 elsewhere and provide a
mandatory administrative appeal
					 process
for any applicant or licensee that is
denied a license
					 application or renewal application
in writing by the Department. This
					 Regulation is adopted for all regulated industries that do not expressly state
					 an application denial appeal process in statute, and pursuant to the same
					 statutory authorities delineated above and any subsequent statutory authority
					 requiring the Department to consider applications and issue licenses to
					 qualified applicants.
a) Following a
				  denial of an application for license, the applicant must, within 10 business
				  days of the receipt of the written denial from the Department, submit an appeal
				  in writing to the Commissioner and request a hearing be held to appeal the
				  denial of an application by the Department.
b) All above rules shall govern the hearing
				  of the denial application, unless expressly revised herein below.
c) Absent a showing of extraordinary
				  circumstances, the denial hearing shall be conducted in one day and shall last
				  no longer than 5 hours. The applicant shall be allotted two (2) hours to
				  present evidence and/or testimony in favor of its application. The Department
				  shall thereafter be allotted two (2) hours to present its rebuttal in support
				  of the denial of the application.
d) No deposition testimony shall be allowed
				  with regard to a denial hearing. All witness testimony must be presented live
				  at the hearing.
e) The Commissioner
				  shall be allotted at least one (1) hour to conduct inquiry of the witnesses
				  and/or parties.
f) A Final Order on
				  the hearing of the denial of an application for licensure shall be published
				  within no more than 30 days following the close of the Hearing.
g) Any Final Order that is entered by the
				  Commissioner denying an application for any reason shall memorialize the
				  findings of the Commissioner and the applicant may thereafter, within ten (10)
				  days of the date of the Final Order, appeal to the Chancery Court of Hinds
				  County, Mississippi, First Judicial District.
Source Authority: 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.; 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.