5 Miss. Code. R. 3-5-7.0

Current through January 14, 2025

Rule 5-3-5-7.0 - Final Order of Commissioner

At the close of the Hearing (as determined by the Commissioner), the Commissioner shall, within no more than 60 business days, issue a written "Final Order" memorializing the conclusions of fact and/or law and any other determinations made by the Commissioner and based upon the Record. All parties and their representatives shall be provided with a copy of the Final Order in the typical manner and the Respondent(s) or their representatives shall further be provided the Final Order via hand-delivery or certified mail to the last known address on file with the Department. The Final Order shall be made public and enforced by the Commissioner unless expressly prohibited.

7.1 Standards of Proof; The Commissioner's Final Order and the determinations contained therein shall be based on "clear and convincing" evidence. All other determinations made by the Commissioner and reduced to writing are subject to an "abuse of discretion" standard for the purposes of any appeal or court intervention.

7.2 Appeal of Final Order to Chancery Court; A Final Order may be appealed to the Chancery Court of Hinds County, Mississippi, First Judicial District, or any other court of competent jurisdiction as authorized by statute. An appeal shall in no way function to stay the effectiveness of the Final Order, absent express statutory authority allowing a stay or a proper order from a court of competent jurisdiction.

5 Miss. Code. R. 3-5-7.0

Source Authority: 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.;

Adopted 10/19/2018