5 Miss. Code. R. 3-5-1.0

Current through December 10, 2024
Rule 5-3-5-1.0 - Purpose of These Rules and Procedures;

These rules and procedures are adopted for the purpose of providing a general guideline for the conduct of any administrative hearings for which the Commissioner of the Department of Banking and Consumer Finance, State of Mississippi ("Commissioner") has been charged by law to conduct relating to businesses, professions, or licenses within the jurisdiction of the Mississippi Department of Banking and Consumer Finance (the "Department" or "DBCF").

1.1; These Rules and Procedures are intended to supercede and replace only the existing Department rules at "Docket Number 25" adopted effective January 3, 1997. No other rules or regulations previously adopted by the Department are affected by these Rules and Procedures.
1.2; As of the adoption of these Rules and Procedures, the Department is charged with the oversight of fourteen (14) separate industries in the State of Mississippi. Certain industries have an existing statutory or separately adopted regulatory framework that control hearings for that given industry. There presently exist separate rules and procedures for all hearings conducted by the State Board of Banking Review; for hearings involving state-chartered banks; as well as hearings pursuant to the Mississippi Small Loan Acts, the Motor Vehicle Sales Finance Laws, and Consumer Loan Broker Laws.

Small Loan Regulatory Law §§ 75-67-101, et seq.

Small Loan Privilege Tax Law §§ 75-67-201, et seq.

Motor Vehicle Sales Finance Law §§ 63-19-1, et seq.

Consumer Loan Broker Act §§ 81-19-1, et seq.

None of the existing statutes, rules or regulatory procedures are amended by these Rules and Procedures, however, these Rules and Procedures may supplement existing statutes or rules to provide a mandatory appeal process following the written denial of a license application or renewal application.

Absent conflict with statutes or rules, these Hearing Rules and Procedures may control Hearings in any industries regulated by the Department, now or any time in the future, unless otherwise expressly provided in statute or regulation.

1.3 Authority to Promulgate; In addition to the statutory authority listed above, these Rules and Procedures are adopted pursuant to various existing sections of the Code of Mississippi (1972) including, but not limited to the following, as well as any other delineated licensing, chartering, supervisory or regulatory authority in any industry expressly vested in the Commissioner, now or in the future.:

* Money Transmitters Act §§ 75-15-1, et seq.

* Insurance Premium Finance Law §§ 81-21-1, et seq.

* Mississippi Pawnshop Act §§ 75-67-301, et seq.

* Mississippi Title Pledge Act §§ 75-67-401, et seq.

* Mississippi Check Cashers Act §§ 75-67-501, et seq.

* Mississippi Debt Management Services Act §§ 81-22-1, et seq.

* Credit Availability Act §§ 75-67-601 et seq.

1.4 Severability; If any provision, section, subsection, sentence, clause or phrase of any of the Rules and Procedures, or the application of the same to any person or entity or any set of circumstances, is for any reason challenged or held to be invalid, null or void, the remaining rules, procedures or regulations or any application thereof to any person or circumstances shall remain valid.
1.5 Notice of Hearing; A written notice specifying the violation(s) or offense(s) for which the licensee (or any person or entity subject to the jurisdiction of the Department) is charged and a notice of the time and place of the hearing shall be served at least ten (10) days prior to the hearing date. Such notice may be served by mailing a copy of the notice, via certified mail postage prepaid, to the last known residential or business address of the licensee, person or entity. Service via hand-delivery, electronic communications, or other methods may also be used to perfect service of the notice upon the party or its representative. Notice to a representative shall be deemed notice to the party represented.
1.5.1 Waiver; A properly noticed party's failure to timely respond to Notice shall constitute that party's full and complete waiver of the party's intent to attend the noticed Hearing or otherwise defend against the charges. A properly noticed Hearing may thereafter be conducted by the Commissioner without the party charged being present or represented.
1.6; Unless expressly prohibited by statute or regulation, the Commissioner shall have discretion to control all aspects of the hearing, including any motion practice or depositions that may be authorized, in order to maintain order, maximize administrative/agency economy and to set controls for the behavior of all participants involved in any manner. All hearings shall be conducted by the Commissioner, who shall not be bound by strict rules of civil procedure or by the rules of evidence in the conduct of any phase of the hearing process.
1.7 Hearing Counsel to Commissioner; The Commissioner may appoint Hearing Counsel in order to provide legal counsel to the Commissioner on all aspects of the hearing and assist in conducting any part of the hearing or activities related thereto. Hearing Counsel shall have experience with conducting hearings that are judicial or administrative in nature and will assist and solely represent the Commissioner to ensure an orderly and fair hearing process. Hearing Counsel shall be an attorney that does not represent any other party interested in the hearing and may be an attorney from the Mississippi Attorney General's Office. All parties shall be notified upon appointment of Hearing Counsel.
1.7.1 Authority Hearing Counsel shall have authority to conduct the hearing process in his/her discretion, and in consultation with the Commissioner. Hearing Counsel may make recommendations on any question or issue, but the Commissioner shall have the ultimate discretion and sole authority in all situations to make the final determination of any issue.
1.8 Administration of Oaths; At any hearing or related matter the Commissioner shall administer oaths as may be necessary for the proper conduct of the hearing. The Commissioner's authority may be administered by a certified Court Reporter.
1.9 Extensions of time; Upon motion by any party or on his/her own initiative, the Commissioner has sole discretion to order an extension of any deadline that may be established during the hearing process.

5 Miss. Code. R. 3-5-1.0

Adopted 10/19/2018