2 Miss. Code. R. 1-3-01-141.04

Current through December 10, 2024
Section 2-1-3-01-141.04 - HEARING

The permittee shall have thirty (30) days after receipt of the order of destruction to request an informal administrative review before the Director of the Bureau of Plant Industry, or his designee, who shall act as reviewing officer concerning any issue arising in the case, including the reasonableness of the invoice of NPS destruction. Said informal administrative review shall be conducted within ten (10) days after the request is made. At the informal administrative review, subpoena power shall not be available, and no record shall be made of the proceedings. The rules of evidence shall not apply. The reviewing officer's decision shall be in writing, and it shall be delivered to the parties by certified mail.

If any party is aggrieved by the order of the reviewing officer, he may request a full evidentiary hearing before the hearing committee in accordance with the procedures in Miss. Code of 1972, § 69-25-51 and 69-25-53. The request for an evidentiary hearing must be made with the department within thirty (30) days of receipt of the decision of the reviewing officer. Failure to request an evidentiary hearing within the thirty (30) days is deemed a waiver of such right. If any party is aggrieved by the decision of the hearing committee, he shall have the right of judicial review in circuit court and in the Supreme Court as provided in Miss. Code of 1972, § 69-25-59.

2 Miss. Code. R. 1-3-01-141.04