49-15-405 - Hearing to be scheduled upon request of alleged violator; transcript of hearing; commission empowered to require attendance of witnesses, administer oaths, and hear testimony; subpoena pow - Mississippi Statutes

§ 49-15-405. Hearing to be scheduled upon request of alleged violator; transcript of hearing; commission empowered to require attendance of witnesses, administer oaths, and hear testimony; subpoena power; majority vote of commission required to issue written opinion and assess penalty.
 

(1)  The commission shall, within forty (40) days of notification from the alleged violator that a hearing is requested, schedule a hearing at a date, time and place to be determined by the commission. For good cause shown the commission may grant a continuance or continuances of such hearings. Written notice of the date, time and place of such hearing shall be mailed to the alleged violator by registered mail, return receipt requested, no less than fifteen (15) days before the time of the hearing. 

(2)  In lieu of a hearing before the full commission, the commission may designate one or more members of the commission or a representative of the Attorney General's office to preside over the hearing and render a finding and recommendation for the full commission. 

(3)  A duly qualified court reporter shall be in attendance and shall make a full and complete transcript of the proceedings. The hearing shall be closed unless the alleged violator requests a public hearing. The commission shall have the right and duty to impose reasonable restrictions as it may deem necessary or appropriate to ensure an orderly, expeditious and impartial proceedings, and shall admit all relevant and material evidence except evidence which is unduly repetitious. Hearsay shall be admissible to the extent permitted by the commission. 

(4)  For purposes of such hearing, the commission is hereby empowered to require the attendance of witnesses, administer oaths and hear testimony, either oral or documentary, for and against the alleged violator. The commission shall have the authority to issue subpoenas to compel the attendance of witnesses and the production of books, papers, records or other documentary evidence at a hearing. Subpoenas to be issued shall be delivered to the sheriff of the county where they are to be executed and the sheriff shall serve them. In case of the failure of any person to comply with any subpoena issued by the commission, the commission or its authorized representative may invoke the aid of any court of general jurisdiction of this state. The court may thereupon order such person to comply with the requirements of the subpoena. Failure to comply with the order of the court may be treated as contempt thereof. 

(5)  At the conclusion of the hearing, the commission, upon the majority vote of the members present, shall issue a written opinion incorporating its findings of facts and conclusions of law and any penalty that it may assess not to exceed Ten Thousand Dollars ($10,000.00) per violation. The executive officer shall notify the alleged violator of the commission's decision. 
 

Sources: Laws, 2005, ch. 422, § 3, eff from and after July 1, 2005.