SEC. 69-25-51. Alleged violation of rules and regulations of Bureau of Plant Industry; right to hearing; State Entomologist as reviewing officer; determination; penalty.
(1) When any allegation or charge has been made against a person for violating the rules and regulations of the Bureau of Plant Industry within the regulatory office of the Mississippi Department of Agriculture and Commerce or the laws set forth in Sections 69-19-1 through 69-19-11 and Sections 69-21-1 through 69-21-27 and Sections 69-23-1 through 69-23-133, Mississippi Code of 1972, the Director of the Bureau of Plant Industry or his designated employee shall act as a reviewing officer. The designated reviewing officer shall (a) cause the complaint to be in writing and signed by the person making the charge; (b) insure that the complaint is filed in the Office of the Bureau of Plant Industry; and (c) send a copy of the complaint and any supporting documents to the person accused along with a request for the accused to respond to the allegations within thirty (30) days. Such notification shall be accomplished by any of the methods provided for in Rule 4 of the Mississippi Rules of Civil Procedure. Upon receipt of the response and any supporting documents from the accused, the reviewing officer shall screen all information on file to determine the merit of the complaint or lack thereof. The reviewing officer may meet with and discuss the alleged violation with the accused.
(2) If the reviewing officer determines that the complaint lacks merit, he may recommend to the Commissioner of Agriculture and Commerce that the complaint be dismissed.
(3) If the reviewing officer determines that there are reasonable grounds to indicate that a violation has occurred or if the accused admits to the truth of the allegations upon which the complaint is based, the reviewing officer may recommend to the Commissioner of Agriculture and Commerce an appropriate penalty which may be a written notice of warning, assessment of civil penalties or suspension or cancellation of license or permit as provided by the Rules and Regulations of the Bureau of Plant Industry and/or a fine not to exceed Five Thousand Dollars ($5,000.00) for each violation.
(4) If the accused requests a hearing, in writing, within thirty (30) days from receipt of the decision of the Commissioner of Agriculture and Commerce, the commissioner shall appoint three (3) members of the advisory board to the Bureau of Plant Industry to act as a hearing committee and a hearing shall be scheduled.
In determining the amount of the penalty, the reviewing officer shall consider the appropriateness of such penalty for the particular violation, the effect of the penalty on the person's ability to continue in business and the gravity of the violation.
SOURCES: Laws, 1992, ch. 474, Sec. 1, eff from and after July 1, 1992. Amended by Laws 2000, Ch. 372, Sec. 3, SB2495, eff. July 1, 2000.
PREVIOUS VERSIONS: Pre-2000