2 Miss. Code. R. 401-2-04-102

Current through December 10, 2024
Section 2-401-2-04-102

Any person coming onto the State Fairgrounds in Jackson, Mississippi who engages in any conduct that poses a clear and present danger to the public health, safety or welfare, including but not limited to, fighting, intoxication (alcohol or drugs), use of profanity, acts of terrorism, discharge of weapons or disorderly or threatening conduct, may be immediately ejected from the Fairgrounds by the Mississippi Fair Commission's ("Commission's") duly authorized agents or designees for the duration of the event at which the conduct occurred, or for a period of ten (10) days if no event was in progress.

The ejected person shall then have thirty (30) days to request an informal administrative review before the Executive Secretary of the Commission, who shall act as a reviewing officer. At this informal administrative review, subpoena power shall not be available, witnesses shall not be sworn or be subject to cross examination and no record shall be made of the proceedings. The reviewing officer's decision shall be in writing and shall be delivered to the parties by certified mail. If the accused does not request a hearing within thirty (30) days, then he is deemed to have waived his right to a review.

If any party is aggrieved by the decision of the reviewing officer, he shall have thirty (30) days after his receipt of the reviewing officer's decision to appeal to the Commission for a full evidentiary hearing before the Commission or its designee. Witnesses shall be sworn and be subject to cross examination. A written record shall be made of the proceedings. The decision of the Commission shall be in writing and shall be delivered to the parties by certified mail.

If either party is aggrieved by the decision of the Commission, he shall have thirty (30) days after receipt of the Commission's order to appeal to the circuit court of the First Judicial District of Hinds County. Any appeal to circuit court shall be made in accordance with existing state laws and regulations governing such appeals.

2 Miss. Code. R. 401-2-04-102

Miss. Code Ann. § 69-5-3..
Adopted 12/20/2014
Amended 8/19/2020