2 Miss. Code. R. 1-4-11-112.01

Current through December 10, 2024
Section 2-1-4-11-112.01

When any complaint is made against any person for violating any of the provisions of the Mississippi Aquaculture Act of 1988, Miss. Code of 1972, 79-22-1, et seq. ("act"), or any of the regulations promulgated thereunder, the Commissioner of the Mississippi Department of Agriculture and Commerce, or his designee, shall act as the reviewing officer. The complaint shall be in writing and shall be filed in the office of the Mississippi Department of Agriculture and Commerce ("Department"). The reviewing officer shall deliver to the accused a copy of the complaint, any supporting documents and a notice of hearing. An informal hearing shall be scheduled before the reviewing officer, which shall be held no sooner than twenty (20) days after written notice is delivered to the accused. Notification to the accused may be accomplished by certified mail or by any of the methods provided in Rule 4 of the Mississippi Rules of Civil Procedure. The accused may appear personally at said hearing and provide to the hearing officer a written answer and any documents and affidavits in support of his position. The reviewing officer shall explain the charges, and the accused may state his position and defenses. It is anticipated that the only persons making statements at this hearing will be the complainant, the reviewing officer and the accused. If the accused fails to appear at said hearing or to file a written answer, the allegations in the complaint shall be accepted as being true, and the reviewing officer shall enter an appropriate order. If the matter is contested, the reviewing officer shall review all of the evidence to determine the merit of the complaint.

2 Miss. Code. R. 1-4-11-112.01

Amended 10/20/2024