75-56-27 - Penalties. - Mississippi Statutes

§ 75-56-27. Penalties.
 

Any person found by the commissioner or the State Chemist to be in violation of any provision of this chapter may be assessed a penalty as provided in Section 75-55-37. In addition to or in lieu of such penalties, the commissioner may suspend or revoke the permit or license of such person issued under terms of this chapter. The commissioner shall notify such person of such action in writing delivered by first class United States Mail. Such person shall have fifteen (15) days after the notice is mailed within which to request in writing a hearing before the commissioner or his designee for the purpose of deciding whether or not the penalty imposed should be allowed to stand. The commissioner may issue subpoenas to compel the attendance of witnesses or the production of documents or physical evidence, administer oaths and hear testimony. 
 

If such person does not deliver the written request for a hearing within such time to the commissioner, the commissioner's original decision shall be final. An appeal, if taken, must be perfected within thirty (30) days after the decision of the commissioner with the circuit court of the county of the residence of the accused. If such person is a nonresident of the State of Mississippi, the case shall be appealed to the Circuit Court of the First Judicial District of Hinds County, Mississippi. If any penalty imposed by the commissioner is not paid within thirty (30) days of becoming final, the commissioner may take appropriate legal action to collect such penalty and the court shall award the commissioner reasonable attorney's fees and court costs to collect the penalty. The commissioner may adopt such rules and regulations as may be necessary or desirable to carry out the provisions of this chapter. 
 

Sources: Laws,  1978, ch. 359, § 12; Laws,  1998, ch. 488, § 13, eff from and after July 1, 1998.