As Amended
SEC. 73-4-19. Procedure for submission and processing of complaints against licensees; remedies for violations by licensees; judicial review of disciplinary actions.
(1) Any person desiring to make a complaint against a licensee shall submit a complaint to the commission in verified form as prescribed by the commission. Upon receipt of a properly verified complaint, the commission shall send a copy of the complaint to the affected licensee by certified mail, and the licensee shall make answer to the complaint in writing within twenty (20) days after receipt of the complaint. The licensee shall mail a copy of his response to the commission and the complainant. Upon receipt of the licensee's response or lapse of twenty (20) days, the commission shall make investigation of the underlying allegations of the complaint, and upon a finding of probable cause that a violation of this chapter has occurred, the commission shall order a hearing for the licensee to appear and show cause why he should not be disciplined for a violation of this chapter.
(2)
(a) All hearings held pursuant to this chapter shall be held at the offices of the commission. The commission, for good cause shown, may order that a hearing be held in another location convenient to all parties.
(b) The commission shall give the complainant and the affected licensee twenty (20) days notice of any hearing upon a complaint. Such notice shall be by United States certified mail.
(c) Any party appearing before the commission may be accompanied by counsel.
(d) The commission or its executive director shall have the right to subpoena witnesses and documents as they deem necessary for the proper conduct of the hearing. The commission shall not entertain a motion for a continuance for failure of a witness to appear unless such witness shall have been duly subpoenaed.
(e)
(i) Before commencing a hearing, the chairman of the commission shall determine if all parties are present and ready to proceed. If the complainant fails to attend a hearing without good cause shown, the complaint shall be dismissed summarily and all fees and expenses of convening the hearing shall be assessed to, and paid by, the complainant. If any affected licensee fails to appear for a hearing without good cause shown, such licensee shall be presumed to have waived his right to appear and be heard.
(ii) Upon the chairman's determination that all parties are ready to proceed, the chairman shall call the hearing to order and the complainant and the licensee may give opening statements. At the request of any party, the chairman shall order the sequestration of nonparty witnesses. The complainant shall then present his complaint through sworn testimony and the production of physical evidence. The licensee, any counsel and any member of the commission may ask questions of witnesses.
(iii) The licensee shall then present his case in rebuttal with equal right of cross examination of the parties. At the completion of the evidence, all parties may give closing statements.
(iv) At the conclusion of testimony and argument, the commission may go into closed session for deliberation.
(v) At the conclusion of deliberations, the commission may announce the commission's decision in an open session, and shall notify the parties of its decision by mail within ten (10) days after the commission reaches its decision.
(f) Upon a finding that a licensee has violated one or more provisions of this chapter, the commission may privately or publicly reprimand the licensee, suspend the licensee's license for a period not to exceed two (2) years, or revoke the license. No person whose license has been revoked hereunder may apply for a new license for a period of at least five (5) years. The procedure for the reissuance of a license that is for being out of compliance with an order for support, as defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
(3) Any person aggrieved by an action of the commission may file an appeal of such action in Circuit Court of Hinds County. Any appeal must be accompanied by an attested copy of the record of the hearing before the commission. Upon filing an appeal, the clerk of the court shall docket the appeal and cause process to issue in the same manner as an original action before such court. The action shall be set for hearing, and, upon hearing, the court shall enter an order affirming or setting aside the findings of the commission. Actions taken by the commission in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.
(4) Nothing in this section shall be deemed as an exclusive remedy or prevent or proscribe any person's right to petition a court of law or equity for redress of a grievance against a licensee or any other entity.
SOURCES: Laws, 1995, ch. 405 Sec. 10, eff from and after July 1, 1995 Laws, 1996, ch. 507, Sec. 29, eff from and after July 1, 1996