Mississippi Administrative Code

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

All hearings shall be conducted at the offices of the Department of Marine Resources, 1141 Bayview Avenue, Biloxi, MS 39530, or such other location selected by the hearing officer. Notes 22 Miss. Code. R. 20-12-104 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

At any time before a final decision of the hearing officer, the complainant and the respondent may settle an action, in whole or in part. Notes 22 Miss. Code. R. 20-13-100 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The parties shall memorialize any agreement in writing. Notes 22 Miss. Code. R. 20-13-101 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The hearing officer assigned to hear the merits of the case, shall thereafter enter a proposed agreed order in accordance with the terms of the settlement agreement. Proposed agreed orders are subject to approval of the CMR. Notes 22 Miss. Code. R. 20-13-102 Amended 11/17/2018 Am…

The provisions of this section provide the exclusive right to, and method of, discovery as to any proceeding governed by these hearing procedures. However, nothing in this section prohibits the parties from voluntarily stipulating to provide discovery deemed appropriate. This sec…

Unless otherwise stipulated to by the parties, a party may request: 101.01 The names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing; and 101.02 The opportunity to inspect and …

Information subject to disclosure includes the following information from inspection or investigative reports prepared by, or on behalf of, any party that pertain to the subject matter of the proceeding 102.01 names and addresses of witnesses or of persons (other than confidentia…

The hearing officer shall set the time for the exchanging of the names and addresses of witnesses and the inspecting and copying of relevant things, documents, statements, and other writings identified in section 101.02 above. Unless other arrangements are made, the party request…

All requests under 101 above are continuing, and the party receiving the request shall be under a continuing duty to provide the requesting party with the information requested. Notes 22 Miss. Code. R. 20-14-104 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

Absent a stipulation between the parties, a party claiming that certain writings or things are privileged against disclosure shall, within five (5) days of receipt of the request for inspection and copying, serve on the requesting party a written statement setting forth what matt…