MISSISSIPPI DEPARTMENT OF MARINE RESOURCES

All actions required pursuant to these rules shall be completed within the times specified, unless extended by the hearing officer upon a showing of good cause. Requests for extensions of time for the filing of any pleading, letter, document, or other writing or completing any ot…

In computing the time within which a right may be exercised, or an act is to be performed, the day of the event from which the designated period runs shall not be included and the last day shall be included. If the last day falls on a Saturday, Sunday, or a state holiday; time sh…

Papers delivered to or received by the hearing officer during regular business hours (8 a.m. to 5 p.m.) will be filed on that date. Papers delivered or received at times other than regular business hours will be filed on the next regular business day. Notes 22 Miss. Code. R. 20-0…

Except as otherwise provided in Part 20, the original of every pleading, petition, letter, document, or other writing served in a proceeding under these rules shall be filed with the CMR and the Hearing Officer by submitting them to the Administrative Office of the DMR. Notes 22 …

The complaint and all accompanying information shall be served on the respondent by any method provided by the Mississippi Rules of Civil Procedure. No additional service is required for citation issued by a Marine Patrol Officer. Notes 22 Miss. Code. R. 20-05-101 Amended 11/17/2…

Unless otherwise required, service of any documents in the proceedings may be made by personal delivery; by United States first-class or interoffice mail, by overnight delivery, or by fax. Notes 22 Miss. Code. R. 20-05-102 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020…

Service and notice to a party who has appeared through a representative shall be made upon such representative. Notes 22 Miss. Code. R. 20-05-103 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

All complaints and citations for the imposition of administrative penalties shall be reported to and brought before the CMR for final decision. Notes 22 Miss. Code. R. 20-06-100 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

All allegations or charges shall be made in writing and signed by the DMR Office Director or Marine Patrol Officer alleging that a violation has occurred that warrants the initiation of administrative penalties. Notes 22 Miss. Code. R. 20-06-101 Amended 11/17/2018 Amended 4/19/20…

The CMR shall not consider complaints filed by third parties. Individuals with allegations or knowledge of violations are encouraged to submit their information to the DMR for evaluation. If the staff of the DMR determines that there is substance to the allegations and evidence t…

Marine Patrol Officers may issue citations that, except for service, shall be processed as complaints seeking administrative penalties. Citations issued by Marine Patrol Officers and filed in Justice of County Court may be voluntarily dismissed prior to the entry of any judicial …

Following the submission of a complaint, the Executive Director of the DMR shall within thirty (30) days review the complaint and, except for citations issued by Marine Patrol Officers initially seeking administrative penalties, cause the complaint to be served on the respondent.…

The Executive Director shall cause a copy of the complaint and any supporting documents to be served on the respondent by any means allowed by the Mississippi Rules of Civil Procedure and shall direct the respondent to respond to the allegations within 30 days of the receipt of t…

Following receipt of the response or thirty (30) days after service of the complaint or citation, the Executive Director shall evaluate the complaint or citation for the purpose of making a recommendation to the CMR. Notes 22 Miss. Code. R. 20-06-106 Amended 11/17/2018 Amended 4/…

If the Executive Director determines that the complaint lacks merit, the Executive Director may recommend to the CMR that the complaint be dismissed. If the Executive Director determines that the complaint has merit, the Executive Director may recommend a fine not to exceed Ten T…

The Executive Director's recommendation shall be sent to the CMR and to the respondent. Notes 22 Miss. Code. R. 20-06-108 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The respondent shall have 15 days from receipt of the Executive Director's recommendation within which to request an "informal settlement conference" with the Executive Director. Notes 22 Miss. Code. R. 20-06-109 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

Upon receipt of a request for an informal settlement conference the Executive Director shall schedule a meeting with the respondent to discuss the complaint and the Executive Director's recommendation. Notes 22 Miss. Code. R. 20-06-110 Amended 11/17/2018 Amended 4/19/2019 Amended…

If the Executive Director and the respondent agree to a possible resolution of the complaint, the Executive Director's recommendation to the CMR may be amended. Notes 22 Miss. Code. R. 20-06-111 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The respondent may request a hearing before the CMR. A request for a hearing before the CMR shall be submitted within twenty (20) days of the respondent's receipt of the Executive Director's initial recommendation to the CMR. Notes 22 Miss. Code. R. 20-07-100 Amended 11/17/2018 A…

The CMR shall consider the complaint and the Executive Director's recommendation at a regular monthly meeting of the CMR. Notes 22 Miss. Code. R. 20-07-101 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

Within forty (40) days of receipt of a request from a respondent for a hearing before the CMR, the CMR shall schedule a hearing on the complaint. Notes 22 Miss. Code. R. 20-07-102 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

Notice of the hearing shall be sent by the Executive Director to the respondent by certified mail at least fifteen (15) days prior to the date of the scheduled hearing. Notes 22 Miss. Code. R. 20-07-103 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The CMR may grant continuances of scheduled hearings. Notes 22 Miss. Code. R. 20-07-104 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The CMR may set the hearing before one or more members of the commission or designate a representative of the Attorney General's Office (AGO) to preside over the hearing and render a finding and recommendation to the full commission. If the CMR appoints one or more commissioners …

A duly qualified court reporter shall record the hearing and shall make a full and complete transcript of the proceedings. Notes 22 Miss. Code. R. 20-07-106 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The hearing shall be closed to the public unless the respondent requests that the hearing be open to the public. Notes 22 Miss. Code. R. 20-07-107 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

Any motion or request for action by the hearing officer relating to any proceeding pending before him or her filed by any party, except those made orally on the record at the hearing, shall be in writing and shall be directed to the hearing officer, with written notice and proof …

The hearing officer shall set the time and place for the hearing of the motion. The hearing shall occur as soon as practicable. Notes 22 Miss. Code. R. 20-08-101 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The hearing officer may decide a motion filed pursuant to this section without oral argument. Notes 22 Miss. Code. R. 20-08-102 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The hearing officer shall issue a written order deciding any motion, unless the motion is made during the course of the hearing on the merits while on the record. The hearing officer may request that the prevailing party prepare a proposed order. Notes 22 Miss. Code. R. 20-08-103…

Except as otherwise expressly provided in Part 20 or by the hearing officer, there are no specific requirements as to the form of documents filed in a proceeding under these rules. Notes 22 Miss. Code. R. 20-09-100 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The original of any pleading, letter, document, or other writing (other than an exhibit) shall be signed by the filing party or its representative. The signature constitutes a representation by the signer that it has read the document, that to the best of its knowledge, informati…

Any written legal argument or statement submitted to the hearing officer by a participant in an action under this part shall be double spaced and typed in a font size 12 point or larger. Notes 22 Miss. Code. R. 20-09-102 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020…

In any matter subject to hearing pursuant to these rules, the hearing officer shall have the authority to do any act and take all measures necessary for the maintenance of order and for the efficient, fair and impartial adjudication of issues arising in proceedings governed by th…

A complaint may be issued for violations of any rule, regulation, permit, variance, or orders of the CMR/DMR. Notes 22 Miss. Code. R. 20-11-100 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

A complaint shall include: 101.01 The names of each respondent alleged to have committed a violation(s) covered under this Part 20; 101.02 A statement of the facts, in ordinary and concise language, that specifically identifies the statutes and/or rules alleged to have been viola…

Excluding citations issued by Marine Patrol Officers, a complaint shall be commenced by filing it with the secretary for the CMR and service on the named respondent(s) by either personal or other form of service consistent with Rule 4 of the Mississippi Rules of Civil Procedure. …

Within thirty (30) days after service of the complaint, the respondent or its representative may file a response to the complaint with the CMR. Notes 22 Miss. Code. R. 20-11-103 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The respondent may: 104.01 Object to the complaint on the ground that it does not state acts or omissions upon which the agency may proceed; 104.02 Object to the form of the complaint on the ground that it is so indefinite or uncertain that the respondent cannot identify the tran…

Each uncontested allegation in the complaint shall be deemed admitted by the respondent. Notes 22 Miss. Code. R. 20-11-105 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

If the respondent fails to respond to the complaint in the time periods provided in this section, the matter shall be considered a default, and the respondent shall be considered to have waived his or her right to appear and contest the complaint. Notes 22 Miss. Code. R. 20-11-10…

The issues for hearing shall be limited to those raised in the complaint and the response. If the complaint alleges a repeat violation and the validity of the earlier violations(s) was not contested because of the respondent's failure to file a response/request for hearing, the v…

The CMR shall appoint a representative from the Attorney General's Office to serve as the hearing officer. Notes 22 Miss. Code. R. 20-12-100 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The hearing officer shall grant such delays or continuances as may be necessary or desirable in the interest of fairly resolving the case. Notes 22 Miss. Code. R. 20-12-101 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The hearing officer may, on his or her own motion or upon request of any party accompanied by a showing of good cause, continue a hearing to another time or place. Notes 22 Miss. Code. R. 20-12-102 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

A party shall apply to the hearing officer for a continuance not less than five days prior to the scheduled hearing. Notes 22 Miss. Code. R. 20-12-103 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020