(1) All claims submitted to the board shall be reviewed by a designee or designees of the board. The designee(s) shall make a preliminary determination regarding the eligibility for payment from the Grain Indemnity Trust Fund. If the preliminary determination provides that less than the full amount of the claimed loss should be paid, the determination shall set forth an explanation of why the lesser amount, if any, should be paid. All preliminary determinations shall be provided to the board for final review and determination of eligibility for payment from the Grain Indemnity Trust Fund.
(2) The board or its designee(s) may request additional information from a claimant determined to be necessary for adjudication of the claim. The claimant may be provided an opportunity to provide oral testimony to the board and/or its designee(s).
(3) If a claim is denied in whole or part, the board shall provide a written determination to the claimant which will set forth the amount, if any, to be awarded. The determination shall set forth the basis for the board’s decision to include an explanation why a partial payment was made.
(4) Within thirty (30) days of the receipt of the determination in which a claim has been denied in whole or part, a claimant may file with the board a request for reconsideration of the claim. The board, in its discretion, may accept or deny the request for reconsideration. The board’s decision shall be in writing and forwarded to the claimant.
(5) A claimant may seek review of a final determination of the board by filing an appeal with the Chancery Court of the First Judicial District of Hinds County, Mississippi. The appeal must be filed within thirty (30) days of the date of the final determination or where reconsideration has been requested within thirty (30) days of the date of the board’s decision to deny reconsideration. The chancery court shall render a decision based on the administrative record prepared by the board without a trial by jury. The chancery court’s decision may then be appealed to the Mississippi Supreme Court. Any such appeal to chancery court or to the Supreme Court shall be in accordance with existing laws and regulations governing such appeals. Neither an appeal to chancery court or any other legal or equitable action against the board with regard to payment or reconsideration of a claim shall be appropriate until the board has made a final determination.
(6) The board shall have subpoena power for witnesses to attend hearings and for production of documents for any and all proceedings under the board’s jurisdiction. The subpoenas shall be enforced by the chancery court of the residence of the witness.