MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary A

By: Representatives Chaney (By Request), Holden, Simpson

AN ACT TO CREATE THE "MISSISSIPPI ADMINISTRATIVE PROCEDURE LAW OF 1999"; TO DEFINE CERTAIN TERMS AS USED IN THE ACT; TO PRESCRIBE THE ACT'S APPLICABILITY AND RELATION TO OTHER LAWS; TO PROVIDE FOR THE SUSPENSION OF THE ACT'S PROVISIONS WHEN NECESSARY TO AVOID LOSS OF FEDERAL FUNDS OR SERVICES; TO PRESCRIBE HOW RIGHTS UNDER THE ACT MAY BE WAIVED, HOW MATTERS MAY BE SETTLED INFORMALLY UNDER THE ACT AND HOW PROCEEDINGS UNDER THE ACT MAY BE CONVERTED TO ANOTHER TYPE OF AGENCY PROCEEDING; TO PRESCRIBE THE MANNER OF SERVICE AND COMPUTATION OF TIME UNDER THE ACT; TO PROVIDE FOR THE PUBLICATION, COMPILATION, INDEXING AND PUBLIC INSPECTION OF AGENCY RULES AND ORDERS; TO ESTABLISH A RIGHT AND PRESCRIBE THE PROCEDURE FOR REQUESTING DECLARATORY OPINIONS FROM STATE AGENCIES WITH REGARD TO THE APPLICABILITY AND EFFECT OF AGENCY RULES; TO REQUIRE EVERY AGENCY TO ADOPT CERTAIN RULES RELATING TO THE AGENCY'S ORGANIZATIONAL STRUCTURE; TO REQUIRE THE SECRETARY OF STATE TO ADOPT MODEL RULES OF PROCEDURE FOR USE BY STATE AGENCIES; TO PROVIDE FOR NOTICE OF PROPOSED RULES BEFORE THEIR ADOPTION; TO ALLOW PUBLIC PARTICIPATION IN THE RULE-MAKING PROCESS; TO PROVIDE FOR A PUBLIC RULE-MAKING DOCKET; TO REQUIRE SUBMISSION OF A REGULATORY ANALYSIS OF PROPOSED RULES IN CERTAIN SITUATIONS; TO PROVIDE FOR THE TIME AND MANNER OF RULE ADOPTION; TO PROHIBIT ANY VARIANCE BETWEEN AN ADOPTED RULE AND PUBLISHED NOTICE OF THE RULE'S ADOPTION; TO EXEMPT CERTAIN RULES FROM PROCEDURES PROVIDED IN THE ACT; TO PRESCRIBE THE CONTENTS, STYLE AND FORM OF RULES; TO REQUIRE AGENCIES TO MAINTAIN A RULE-MAKING RECORD AND TO FILE RULES IN THE OFFICE OF THE SECRETARY OF STATE; TO PRESCRIBE THE METHOD FOR CONTESTING THE VALIDITY OF RULES; TO PROVIDE FOR THE EFFECTIVE DATE OF RULES; TO PROVIDE THAT THE ACT SHALL BE INAPPLICABLE TO CERTAIN CLASSES OF RULES; TO AUTHORIZE PETITIONS FOR THE ADOPTION, AMENDMENT, REPEAL OR WAIVER OF A RULE; TO REQUIRE EACH AGENCY TO PERIODICALLY REVIEW ITS RULES; TO PRESCRIBE WHEN ADJUDICATIVE PROCEEDINGS ARE REQUIRED, AND WHEN COMMENCED; TO CREATE EXCEPTIONS; TO ESTABLISH TIME LIMITS; TO REQUIRE A LICENSEE TO BE GIVEN NOTICE OF ANY INTENDED REVOCATION, SUSPENSION, ANNULMENT OR WITHDRAWAL OF HIS LICENSE EXCEPT IN CASE OF EMERGENCY; TO PROVIDE FOR INFORMAL SETTLEMENT, ALTERNATIVE DISPUTE RESOLUTION AND WAIVER; TO PRESCRIBE THE REQUIREMENTS FOR A FORMAL ADJUDICATIVE HEARING, THE PRESIDING OFFICER AND REPRESENTATION; TO PROVIDE FOR THE AVAILABILITY OF A PREHEARING CONFERENCE, NOTICE THEREOF AND PROCEDURE THEREFOR; TO PRESCRIBE RULES OF PROCEDURE; TO PROVIDE FOR REVIEW; TO CREATE THE DIVISION OF INDEPENDENT HEARING OFFICERS; TO PROVIDE FOR INFORMAL ADJUDICATIVE HEARINGS AND PRESCRIBE RULES OF PROCEDURE; TO PRESCRIBE WHEN BASIC ADJUDICATIVE PROCEEDING IS SUFFICIENT AND TO PROVIDE RULES OF PROCEDURE THEREFOR, APPEAL THEREFROM, AND FOR ADMINISTRATIVE REVIEW; TO PROVIDE FOR EMERGENCY ADJUDICATIVE PROCEEDINGS; TO PROVIDE FOR JUDICIAL REVIEW; TO PRESCRIBE RELIEF THAT MAY BE GRANTED; TO PROVIDE FOR CIVIL ENFORCEMENT; TO PROVIDE THAT STATUTORY PROVISIONS THAT CONFLICT WITH THE PROVISIONS OF THIS ACT SHALL GOVERN TO THE EXTENT OF SUCH CONFLICT; TO PRESCRIBE THE PROCEEDINGS TO WHICH THIS ACT IS APPLICABLE; TO AMEND SECTIONS 5-8-17, 7-17-5, 9-1-19, 9-13-107, 9-13-117, 11-41-1, 11-41-3, 17-17-29, 17-17-45, 17-17-231, 19-5-353, 21-27-221, 21-29-217, 23-15-69, 25-9-115, 25-9-119, 25-9-131, 25-9-132, 25-11-11, 25-11-105, 25-11-120, 25-53-111, 25-53-125, 25-59-9, 25-61-13, 27-3-29, 27-7-73, 27-7-315, 27-7-515, 27-9-47, 27-13-45, 27-19-337, 27-33-41, 27-35-163, 27-55-41, 27-55-339, 27-55-359, 27-57-29, 27-57-345, 27-59-43, 27-59-317, 27-67-25, 27-71-5, 27-73-1, 29-1-131, 29-7-17, 31-3-13, 31-3-23, 33-13-607, 33-15-31, 35-1-7, 35-7-7, 37-3-2, 37-17-5, 37-23-73, 37-33-263, 37-45-27, 37-45-31, 37-45-33, 37-45-37, 37-45-41, 37-45-47, 37-45-51, 37-45-57, 37-45-61, 37-47-17, 37-47-67, 37-151-61, 41-4-7, 41-7-201, 41-7-202, 41-9-31, 41-26-5, 41-26-7, 41-26-19, 41-26-21, 41-26-23, 41-26-31, 41-29-129, 41-29-131, 41-29-163, 41-29-165, 41-35-7, 41-51-25, 41-51-29, 41-58-3, 41-59-49, 41-61-59, 41-61-63, 41-61-65, 41-67-3, 41-67-4, 41-67-21, 41-67-25, 41-67-29, 41-71-9, 41-71-11, 41-71-13, 41-75-11, 41-75-13, 41-75-21, 41-75-23, 41-77-11, 41-77-19, 41-77-21, 41-83-13, 41-83-23, 41-86-11, 41-91-15, 41-95-5, 43-3-7, 43-11-11, 43-11-23, 43-13-117, 43-13-121, 43-17-5, 43-19-57, 43-19-58, 43-20-14, 45-1-21, 45-6-11, 45-9-101, 45-11-2, 45-14-21, 45-23-9, 45-23-25, 45-23-57, 45-23-59, 47-5-192, 49-15-15, 49-15-67, 49-17-25, 49-17-29, 49-17-34, 49-17-35, 49-17-37, 49-17-41, 49-17-43, 49-27-39, 49-27-41, 51-3-49, 51-3-55, 51-5-9, 53-1-19, 53-1-39, 53-1-47, 53-3-7, 53-3-119, 53-7-45, 53-7-65, 53-9-7, 53-9-69, 53-9-77, 61-1-45, 63-1-31, 63-15-7, 63-17-95, 63-17-99, 63-19-52, 65-1-2, 65-1-46, 65-2-15, 65-9-1, 67-1-39, 69-1-18, 69-1-25, 69-3-115, 69-7-267, 69-7-613, 69-7-667, 69-15-51, 69-15-53, 69-15-55, 69-15-57, 69-15-59, 69-15-63, 69-15-117, 69-19-1, 69-21-7, 69-21-109, 69-21-121, 69-21-125, 69-21-151, 69-21-153, 69-21-155, 69-21-157, 69-21-159, 69-21-161, 69-23-9, 69-23-11, 69-25-7, 69-25-51, 69-25-53, 69-25-55, 69-25-57, 69-25-59, 69-35-21, 69-36-7, 69-37-25, 69-37-31, 69-37-35, 69-39-19, 69-43-3, 71-3-51, 71-3-55, 71-3-66, 71-3-85, 71-5-115, 71-5-117, 71-5-119, 71-5-519, 71-5-523, 71-5-525, 73-1-13, 73-1-29, 73-2-16, 73-5-27, 73-13-15, 73-13-37, 73-13-89, 73-13-93, 73-14-37, 73-14-39, 73-19-41, 73-24-13, 73-25-27, 73-25-63, 73-25-65, 73-25-95, 73-29-39, 73-30-7, 73-30-11, 73-33-5, 73-33-11, 73-34-29, 73-34-43, 73-35-18, 73-43-14, 73-59-13, 73-63-17, 73-63-49, 75-35-15, 75-43-23, 75-49-13, 75-55-6, 75-57-9, 75-57-105, 75-57-109, 75-57-117, 75-59-5, 75-60-4, 75-60-19, 75-67-129, 75-67-243, 75-67-325, 75-67-423, 75-76-83, 75-76-121, 75-76-127, 75-76-167, 75-76-173, 75-79-21, 77-1-39, 77-3-45, 77-3-47, 77-3-57, 77-7-15, 77-7-295, 79-11-389, 79-11-504, 79-22-13, 79-22-27, 81-1-87, 81-3-13, 81-7-1, 81-12-205, 81-14-175, 81-19-17, 81-21-3, 81-21-5, 81-21-7, 83-5-39, 83-5-41, 83-5-43, 83-5-47, 83-5-209, 83-9-23, 83-11-21, 83-17-125, 83-17-223, 83-17-423, 83-19-109, 83-21-17, 83-34-19, 83-38-19, 83-39-19, 83-41-339, 83-53-29, 83-53-33, 83-53-37, 83-53-39, 83-53-41, 83-53-45, 83-57-65, 93-21-307, 99-41-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO REPEAL SECTIONS 25-43-1, 25-43-3, 25-43-5, 25-43-6, 25-43-7, 25-43-9, 25-43-11, 25-43-13, 25-43-15, 25-43-17 AND 25-43-19, MISSISSIPPI CODE OF 1972, WHICH CREATE THE MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW, PROVIDE DEFINITIONS FOR TERMS USED IN SUCH LAW, PRESCRIBE PROCEDURES THAT MUST BE FOLLOWED BY AGENCIES IN THE ADOPTION, AMENDMENT AND REPEAL OF AGENCY RULES, REQUIRE THE FILING OF AN ECONOMIC IMPACT STATEMENT FOR THE ADOPTION OF A RULE, REQUIRE FILING AND NOTICE BEFORE SUCH RULES MAY BECOME EFFECTIVE, REQUIRE AGENCIES TO INDEX ALL EFFECTIVE RULES ADOPTED, PROVIDE THAT REVOCATION OR SUSPENSION OF ANY LICENSE SHALL NOT BE EFFECTIVE UNLESS NOTICE OF SUCH INTENDED ACTION IS GIVEN TO THE LICENSEE, AND REQUIRE AGENCIES TO ADOPT PROCEDURES TO ASSURE THAT OPPONENTS OF PROPOSED RULES HAVE THE OPPORTUNITY TO PRESENT THEIR VIEWS AND REVIEW ADVERSE RULINGS; TO REPEAL SECTIONS 37-45-39, 37-45-59 AND 37-45-61, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE PRESERVATION OF THE REPORTER'S NOTES, TRANSCRIPTION AND PREPARATION OF THE RECORD FOR APPEAL, AND FURTHER APPEAL TO THE SUPREME COURT IN CERTAIN HEARINGS HELD BEFORE THE STATE DEPARTMENT OF EDUCATION; TO REPEAL SECTION 41-51-27, MISSISSIPPI CODE OF 1972, WHICH DEALS WITH THE RECORD IN HEARINGS HELD UNDER THE ANIMAL AND POULTRY BY-PRODUCTS DISPOSAL LAW OF 1964; TO REPEAL SECTIONS 49-27-43, 49-27-45 AND 49-27-47, MISSISSIPPI CODE OF 1972, WHICH DEAL WITH APPEAL TO THE CHANCERY COURT UNDER THE PROVISIONS OF THE COASTAL PROTECTION WETLANDS ACT; TO REPEAL SECTION 53-1-45, MISSISSIPPI CODE OF 1972, WHICH DEALS WITH APPEALS TO THE SUPREME COURT IN THE MATTER OF A HEARING HELD BEFORE THE STATE OIL AND GAS BOARD; TO REPEAL SECTIONS 63-17-91 AND 63-17-93, MISSISSIPPI CODE OF 1972, WHICH DEAL WITH HEARINGS HELD UNDER THE MISSISSIPPI MOTOR VEHICLE COMMISSION LAW; TO REPEAL SECTION 65-2-17, MISSISSIPPI CODE OF 1972, WHICH DEALS WITH THE APPEAL TO THE SUPREME COURT FROM A DECISION OF THE CIRCUIT COURT IN AN APPEAL FROM A HEARING HELD BY THE STATE HIGHWAY ARBITRATION BOARD; TO REPEAL SECTION 83-53-35, MISSISSIPPI CODE OF 1972, WHICH PRESCRIBES THE ISSUANCE OF AN ORDER FOLLOWING A HEARING BEFORE THE COMMISSIONER OF INSURANCE CONCERNING CREDIT LIFE AND CREDIT DISABILITY INSURANCE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

ARTICLE I

SECTION 1. The following shall be codified as Section 25-43-1.101, Mississippi Code of 1972:

25-43-1.101. Title; Statement of Purpose.

(1) This chapter may be cited as the "Mississippi Administrative Procedure Law of 1999."

(2) This chapter is intended to provide a minimum procedural code for the operation of all state agencies when they take action affecting the rights and duties of the public. Nothing in this chapter shall be construed as invalidating any rule or regulation adopted before July 1, 1999, if such rule or regulation was properly adopted in accordance with the law as it existed at the time of adoption. Nothing in this chapter is meant to discourage agencies from adopting procedures providing greater protections to the public or conferring additional rights upon the public; and save for express provisions of this chapter to the contrary, nothing in this chapter is meant to abrogate in whole or in part any statute prescribing procedural duties for an agency which are greater than or in addition to those provided here. This chapter is meant to apply to all rule-making and adjudicative proceedings and all suits for the judicial review of agency action that are not specifically excluded from this chapter or some portion thereof by its express terms or by the express terms of another chapter.

The purposes of the Mississippi Administrative Procedure Law of 1999 are: To provide legislative oversight of powers and duties delegated to administrative agencies; to increase public accountability of administrative agencies; to simplify government by assuring a uniform minimum procedure to which all agencies will be held in the conduct of their most important functions; to increase public access to governmental information; to increase public participation in the formulation of administrative rules; to increase the fairness of agencies in their conduct of contested case proceedings; and to simplify the process of judicial review of agency action as well as increase its ease and availability. In accomplishing its objectives, the intention of this chapter is to strike a fair balance between these purposes and the need for efficient, economical and effective government administration. The chapter is not meant to alter the substantive rights of any person or agency. Its impact is limited to procedural rights with the expectation that better substantive results will be achieved in the everyday conduct of state government by improving the process by which those results are attained.

(3) From and after July 1, 1999, any reference to the Mississippi Administrative Procedures Act or Mississippi Administrative Procedures Law, being Sections 25-43-1, et seq., Mississippi Code of 1972, shall be deemed to mean and refer to the Mississippi Administrative Procedure Law of 1999.

SECTION 2. The following shall be codified as Section 25-43-1.102, Mississippi Code of 1972:

25-43-1.102. Definitions.

As used in this chapter the following terms shall have the meanings ascribed to them in this section unless the context otherwise requires:

(a) "Adjudicative Proceeding" means an agency proceeding conducted for the purpose of formulating and issuing an order which determines the rights of one or more persons. A "basic adjudicative proceeding" is an adjudicative proceeding conducted in accordance with the provisions of Sections 25-43-4.501 through 25-43-4.505. An "emergency adjudicative proceeding" is an adjudicative proceeding conducted in accordance with the provisions of Section 25-43-4.601. A "formal adjudicative hearing" is an adjudicative proceeding conducted in accordance with the provisions of Section 25-43-4.201 through 25-43-4.222. An "informal adjudicative hearing" is an adjudicative proceeding conducted in accordance with the provisions of Section 25-43-4.401 through 25-43-4.403.

(b) "Agency" means a board, commission, department, officer or other administrative unit of this state, including the agency head, and one or more members of the agency head or agency employees directly or indirectly purporting to act on behalf or under the authority of the agency head. The term does not include the Legislature or any of its component units, the judiciary or any of its component units or the Governor. The term does not include a political subdivision of the state or any of the administrative units of a political subdivision. To the extent it purports to exercise authority subject to any provision of this chapter, an administrative unit otherwise qualifying as an "agency" must be treated as a separate agency even if the unit is located within or subordinate to another agency.

(c) "Agency action" means: (i) the whole or a part of a rule, an order or a declaratory opinion; or (ii) the failure to issue a rule, an order, or a declaratory opinion. "Nonfinal agency action" means the whole or a part of any agency determination, investigation, proceeding, hearing, conference, or other process that is preliminary, preparatory, procedural, or intermediate with regard to subsequent agency action of that agency or another agency. "Final agency action" means the whole or a part of any agency action other than nonfinal agency action. Final agency action occurs when the action is reduced to writing and approved by the agency head.

(d) "Agency head" or "head of the agency" means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law.

(e) "Agency proceeding" or "proceeding" means the process by which an agency considers:

(i) A declaratory opinion pursuant to Section 25-43-2.103,

(ii) A rule pursuant to Article III of this chapter, or

(iii) Any form of adjudicative proceeding pursuant to Article IV of this chapter.

(f) "Agency record" means the official record of an agency adjudicative proceeding pursuant to Section 25-43-4.222 and the official rule-making record of an agency pursuant to Section 25-43-3.112.

(g) "Basic adjudicative proceeding" is an adjudicative proceeding conducted in accordance with the provisions of Sections 25-43-4.501 through 25-43-4.505.

(h) "Declaratory opinion" means an agency opinion rendered in accordance with the provisions of Section 25-43-2.103.

(i) "Emergency adjudicative proceeding" is an adjudicative proceeding conducted in accordance with the provisions of Section 25-43-4.601.

(j) "Final agency action" means the whole or a part of any agency action other than nonfinal agency action. Final agency action occurs when the action is reduced to writing and approved by the agency head.

(k) "Formal adjudicative hearing" is an adjudicative proceeding conducted in accordance with the provisions of Section 25-43-4.201 through 25-43-4.222.

(l) "Informal adjudicative hearing" is an adjudicative proceeding conducted in accordance with the provisions of Section 25-43-4.401 through 25-43-4.403.

(m) "License" means a franchise, permit, certification, approval, registration, charter or similar form of authorization required by law. The holder of a "license" may be referred to as a "licensee," "permittee" or "franchisee."

(n) "Nonfinal agency action" means the whole or a part of any agency determination, investigation, proceeding, hearing, conference, or other process that is preliminary, preparatory, procedural, or intermediate with regard to subsequent agency action of that agency or another agency.

(o) "Order" means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of one or more specific persons. An order shall be in writing signed by a person with authority to render the order, or if more than one (1) person has such authority by at least that number of such persons as jointly have the authority to render the order, or by a person authorized to render the order on behalf of all such persons. The term does not include an executive order issued by the Governor pursuant to Section 25-43-1.104, an opinion issued by the Attorney General pursuant to Section 7-5-25, an opinion issued by the Ethics Commission pursuant to Section 25-4-17, or a declaratory opinion rendered in accordance with Section 25-43-2.103.

(p) "Party to agency proceedings," or "party" in a context so indicating, means:

(i) A person to whom the agency action is specifically directed;

(ii) A person named as a party to an agency proceeding or allowed to intervene or participate as a party in the proceeding; or

(iii) The agency, except where the agency is essentially neutral regarding the outcome of the proceedings and the agency's primary interest is that the proceeding be fair, speedy and cost effective.

(q) "Party to judicial review or civil enforcement proceedings," or "party" in a context so indicating, means:

(i) A person who files a notice for judicial review or a complaint for civil enforcement;

(ii) A person named as a party in a proceeding for judicial review or civil enforcement or allowed to participate as a party in the proceeding; or

(iii) The agency in a proceeding for judicial review or civil enforcement.

(r) "Person" means an individual, partnership, corporation, association, governmental subdivision or unit thereof, or public or private organization or entity of any character, and includes another agency.

(s) "Presiding officer" means a person designated as the principal hearing officer in an adjudicative proceeding.

(t) "Provision of law" or "law" means the whole or a part of the federal or state Constitution, or of any federal or state (i) statute, (ii) case law or common law, (iii) rule of court, (iv) executive order, or (v) rule or order of an administrative agency.

(u) "Rule" means the whole or a part of an agency regulation or other statement of general applicability that implements, interprets, or prescribes:

(i) Law or policy, or

(ii) The organization, procedure or practice requirements of an agency. The term includes the amendment, repeal or suspension of an existing rule. "Rule" does not include:

1. A regulation or statement concerning only the internal management of an agency which does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public;

2. A regulation or statement that establishes criteria or guidelines to be used by the staff of an agency in performing audits, investigations or inspections, settling commercial disputes, negotiating commercial arrangements or in the defense, prosecution or settlement of cases, if disclosure of the criteria or guidelines would:

a. Enable law violators to avoid detection;

b. Facilitate disregard of requirements imposed by law; or

c. Give a clearly improper advantage to persons who are in an adverse position to the state;

3. A regulation or statement that only establishes specific prices to be charged for particular goods or services sold by an agency;

4. A regulation or statement concerning only the physical servicing, maintenance or care of agency owned or operated facilities or property;

5. A regulation or statement relating only to the use of a particular facility or property owned, operated or maintained by the state or any of its subdivisions, if the substance of the regulation or statement is adequately indicated by means of signs or signals to persons who use the facility or property;

6. A regulation or statement concerning only inmates of a correctional or detention facility, students enrolled in an educational institution or patients admitted to a hospital, if adopted by that facility, institution or hospital;

7. A form whose contents or substantive requirements are prescribed by rule or statute, and instructions for the execution or use of the form;

8. An agency budget;

9. A compact or agreement between an agency of this state and one or more agencies of another state or states; or

10. An opinion of the Attorney General pursuant to Section 7-5-25, an opinion of the Ethics Commission pursuant to Section 25-4-17, or an executive order of the Governor.

(v) "Rule making" means the process for formulation and adoption of a rule.

SECTION 3. The following shall be codified as Section 25-43-1.103, Mississippi Code of 1972:

25-43-1.103. Applicability and Relation to Other Law.

(1) This chapter applies to all agencies and all proceedings not expressly exempted under this chapter.

(2) This chapter creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed by other statutes.

(3) Specific statutory provisions which govern agency proceedings and which are in conflict with any of the provisions of this chapter shall continue to be applied to all proceedings of any such agency to the extent of such conflict only.

(4) The provisions of this chapter shall not be construed to amend, repeal or supersede the provisions of any other law; and, to the extent that the provisions of any other law conflict or are inconsistent with the provisions of this act, the provisions of such other law shall govern and control.

(5) An agency may grant procedural rights to persons in addition to those conferred by this chapter so long as rights conferred upon other persons by any provision of law are not substantially prejudiced.

SECTION 4. The following shall be codified as Section 25-43-1.104, Mississippi Code of 1972:

25-43-1.104. Suspension of Chapter's Provisions When Necessary to Avoid Loss of Federal Funds or Services.

(1) To the extent necessary to avoid a denial of funds or services from the United States which would otherwise be available to the state, the Governor, by executive order, may suspend, in whole or in part, one or more provisions of this chapter. The Governor, by executive order, shall declare the termination of a suspension as soon as it is no longer necessary to prevent the loss of funds or services from the United States.

(2) If any provision of this chapter is suspended pursuant to this section, the Governor shall promptly report the suspension to the Legislature. The report may include recommendations concerning desirable legislation that may be necessary to conform this chapter to federal law, including the exemption, if appropriate, of a particular program from the provisions of this chapter.

SECTION 5. The following shall be codified as Section 25-43-1.105, Mississippi Code of 1972:

25-43-1.105. Waiver of Rights.

Except to the extent precluded by another provision of law, a person may waive any right conferred upon that person by this chapter, or by any rule made pursuant to this chapter.

SECTION 6. The following shall be codified as Section 25-43-1.106, Mississippi Code of 1972:

25-43-1.106. Filings with Agency; Service; Computation of Time.

(1) (a) Whenever a presiding officer, a party or any person is permitted or required to file with an agency any application, pleading, motion or other document, filing must be made by delivery of the document to the agency, by mailing it to the agency, or by transmitting it to the agency by electronic means, including, but not limited to, facsimile transfer or e-mail. Filing by electronic means is complete when the electronic equipment being used by the agency acknowledges receipt of the material. If the equipment used by the agency does not automatically acknowledge transmission, service is not complete until the filing party obtains an acknowledgment from the agency. Filing by mail is complete upon receipt by the agency.

(b) The agency may implement this section by agency rule.

(2) (a) Whenever service is required by this article, and whether the service is made by a party, an agency, or a presiding officer, service of orders, notices, pleadings, motions, and other documents upon a party shall be made by delivering a copy to the party, by transmitting it to the party by electronic means, including but not limited to facsimile transfer or e-mail, or by mailing it to the party at the party's last known address. Delivery of a copy means handing it to a party, leaving it at the office of a party with a person in charge thereof, or leaving it at the dwelling house or usual place of abode of the party with some person of suitable age and discretion then residing therein. Service by electronic means is complete when the electronic equipment being used by the party being served acknowledges receipt of the material. If the equipment used by the party being served does not automatically acknowledge the transmission, service is not complete until the sending party obtains an acknowledgment from the recipient. Service by mail is complete upon mailing.

(b) Whenever service is required or permitted to be made upon a party who is represented by an attorney of record in the proceedings, the service shall be made upon such attorney.

(c) Whenever an agency or presiding officer issues an order or serves a notice or other document, the order or notice or other document shall be dated and shall be deemed to have been issued on the day it is served on the parties to the matter. If the order or notice or other document is to be served by mail, it shall be dated and shall be deemed to have been issued on the day it is mailed.

(3) (a) In computing any period of time prescribed or allowed by this article, by order of an agency, or by any applicable statute or agency rule, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, as defined by statute, or any other day when the agency's office is in fact closed, whether with or without legal authority, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, a legal holiday, or any other day when the agency's office is closed. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. In the event any legal holiday falls on a Sunday, the next following day shall be a legal holiday.

(b) Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice, order, pleading, motion or other paper upon him and the notice or paper is served upon him by mail, three (3) days shall be added to the prescribed period.

SECTION 7. The following shall be codified as Section 25-43-2.101, Mississippi Code of 1972:

25-43-2.101. Publication, Compilation, Indexing and Public Inspection of Rules.

(1) Subject to the provisions of this chapter, the Secretary of State shall prescribe a uniform numbering system, form, style and transmitting format for all proposed and adopted rules caused to be published by him and, with prior approval of each respective agency involved, may edit rules for publication and codification without changing the meaning or effect of any rule.

(2) The Secretary of State shall cause an administrative bulletin to be published in a format and at such regular intervals as the Secretary of State shall prescribe by rule. Upon proper filing of proposed rules, the Secretary of State shall publish them in the administrative bulletin as expeditiously as possible. The administrative bulletin must contain:

(a) Notices of proposed rule adoption prepared so that the text of the proposed rule shows the text of any existing rule proposed to be changed and the change proposed;

(b) Any other notices and materials designated by law for publication therein; and

(c) An index to its contents by subject.

(3) The Secretary of State shall cause an administrative bulletin to be published in a format and at such regular intervals as the Secretary of State shall prescribe by rule. Upon proper filing of newly adopted rules, the Secretary of State shall publish them as expeditiously as possible. The administrative bulletin must contain:

(a) Newly filed adopted rules prepared so that the text of the newly filed adopted rule shows the text of any existing rule being changed and the change being made;

(b) Any other notices and materials designated by law for publication therein; and

(c) An index to its contents by subject.

(4) The Secretary of State retains the authority to reject proposed and newly adopted rules not properly filed in accordance with the Secretary of State's rules prescribing the numbering system, form, style or transmitting format for such filings. In addition, a filing with the Secretary of State may be rejected if it fails to comply with any of the provisions of Articles II and III of this chapter. The Secretary of State shall notify the agency of its rejection of a proposed or newly adopted rule as expeditiously as possible and accompany such notification with a stated reason for the rejection. A rejected filing of a proposed or newly adopted rule does not constitute filing pursuant to Section 25-43-3.101 et seq. of this chapter.

(5) (a) The Secretary of State shall cause an administrative code to be compiled, indexed by subject and published in a format prescribed by the Secretary of State by rule. All of the effective rules of each agency must be published and indexed in that publication. The Secretary of State shall also cause supplements to the administrative code to be published in a format and at such regular intervals as the Secretary of State shall prescribe by rule.

(b) The Secretary of State is hereby authorized to contract with a reputable and competent publishing company on such terms and conditions and at such prices as he may deem proper to digest, compile, annotate, index and publish the state agency rules and regulations.

(6) (a) Copyrights of the Mississippi Administrative Code, including, but not limited to, cross references, tables of cases, notes of decisions, tables of contents, indices, source notes, authority notes, numerical lists and codification guides, other than the actual text of rules or regulations, shall be taken by and in the name of the publishers of said compilation. Such publishers shall thereafter promptly assign the same to the State of Mississippi and said copyright shall be owned by the state.

(b) Any information appearing on the same leaf with the text of any rule or regulation may be incidentally reproduced in connection with the reproduction of such rule or regulation, if such reproduction is for private use and not for resale.

(7) The Secretary of State may omit from the administrative bulletin or code any proposed or filed adopted rule the publication in hard copy of which would be unduly cumbersome, expensive or otherwise inexpedient, if:

(a) Knowledge of the rule is likely to be important to only a small class of persons;

(b) On application to the issuing agency, the proposed or adopted rule in printed or processed form is made available at no more than its cost of reproduction; and

(c) The administrative bulletin or code contains a notice stating in detail the specific subject matter of the omitted proposed or adopted rule and how a copy of the omitted material may be obtained.

(8) The administrative bulletin and administrative code with supplements must be furnished to designated officials without charge and to all subscribers at a reasonable cost to be determined by the Secretary of State. Each agency shall also make available for public inspection and copying those portions of the administrative bulletin and administrative code containing all rules adopted or used by the agency in the discharge of its functions, and the index to those rules.

SECTION 8. The following shall be codified as Section 25-43-2.102, Mississippi Code of 1972:

25-43-2.102. Public Inspection and Indexing of Agency Orders.

(1) In addition to other requirements imposed by any provision of law, and subject to any confidentiality provisions established by law, each agency shall make all written final orders available for public inspection and copying and index them by name and subject.

(2) A written final order may not be relied on as precedent by an agency to the detriment of any person until it has been made available for public inspection and indexed in the manner described in subsection (1) of this section. This provision is inapplicable to any person who has actual, timely knowledge of the order. The burden of proving that knowledge is on the agency.

SECTION 9. The following shall be codified as Section 25-43-2.103, Mississippi Code of 1972:

25-43-2.103. Declaratory Opinions.

(1) Any person with a substantial interest in the subject matter may make a written request of an agency for a declaratory opinion as to the applicability to specified circumstances of a statute, rule or order within the primary jurisdiction of the agency. An agency, through the agency head or its designee(s) by rule, shall issue a declaratory opinion in response to a written request for that opinion unless the agency determines that issuance of the opinion under the circumstances would be contrary to a rule adopted in accordance with subsection (2) of this section.

(2) Each agency shall issue rules that provide for: (a) the form, contents and filing of written requests for declaratory opinions; (b) the procedural rights of persons in relation to the written requests and (c) the disposition of the written requests. Those rules must describe the classes of circumstances in which the agency will not issue a declaratory opinion.

(3) Within forty-five (45) days after receipt of a written request for a declaratory opinion an agency, in writing, shall:

(a) Issue an opinion declaring the applicability of the statute, rule or order in question to the specified circumstances;

(b) Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request; or

(c) Decline to issue a declaratory opinion, stating the reasons for its action.

(4) A copy of all opinions issued in response to a written request for a declaratory opinion must be mailed promptly to the requesting party.

(5) (a) When any person receives a declaratory opinion from an agency and shall have stated all the facts to govern such opinion, there shall be no liability, civil or criminal, accruing to or against any such person who, in good faith, follows the direction of such opinion and acts in accordance therewith unless a court of competent jurisdiction, after a full hearing, shall judicially declare that such opinion is manifestly wrong and without any substantial support. No declaratory opinion shall be given or considered if the opinion is requested after suit is filed or prosecution begun.

(b) The authority of persons to request and receive agency declaratory opinions in no way affects the ability of any person authorized by Section 7-5-25 to request a legal opinion from the Attorney General.

(c) Each agency shall make all declaratory opinions available for public inspection and copying and shall index them by name and subject, unless information contained within such opinions is confidential by statute or exempt from public disclosure pursuant to another provision of law.

SECTION 10. The following shall be codified as Section 25-43-2.104, Mississippi Code of 1972:

25-43-2.104. Required Rule Making.

In addition to other rule-making requirements imposed by law, each agency shall:

(a) Adopt as a rule a description of the organization of the agency which states the general course and method of its operations and where and how the public may obtain information or make submissions or requests;

(b) Adopt rules of practice setting forth the nature and requirements of all formal and informal proceedings available to the public.

SECTION 11. The following shall be codified as Section 25-43-2.105, Mississippi Code of 1972:

25-43-2.105. Model Rules of Procedure.

In accordance with the rule-making requirements of this chapter, the Secretary of State shall adopt model rules of procedure appropriate for use by as many agencies as possible. The model rules must deal with all general functions and duties performed in common by several agencies. Each agency may adopt as much of the model rules as is practicable under its circumstances. To the extent an agency adopts the model rules, it shall do so in accordance with the rule-making requirements of this chapter.

ARTICLE III

SECTION 12. The following shall be codified as Section 25-43-3.101, Mississippi Code of 1972:

25-43-3.101. Advice on Possible Rules before Notice of Proposed Rule Adoption.

(1) In addition to seeking information by other methods, an agency, before filing of a notice of proposed rule adoption under Section 25-43-3.103, may solicit comments from the public on a subject matter of possible rule making under active consideration within the agency by causing notice to be filed with the Secretary of State for publication in the administrative bulletin of the subject matter and indicating where, when and how persons may comment.

(2) Each agency may also appoint committees to comment, before filing of a notice of proposed rule adoption under Section 25-43-3.103, on the subject matter of a possible rule making under active consideration within the agency. The membership of those committees must be filed with the Secretary of State for publication in the administrative bulletin.

SECTION 13. The following shall be codified as Section 25-43-3.102, Mississippi Code of 1972:

25-43-3.102. Public Rule-making Docket.

(1) Each agency shall maintain a current, public rule-making docket.

(2) The rule-making docket may, but need not, contain a listing of the subject matter of possible rules currently under active consideration within the agency for proposal under Section 25-43-3.103 and the name and address of agency personnel with whom persons may communicate with respect to the matter.

(3) The rule-making docket must list each pending rule-making proceeding. A rule-making proceeding is pending from the time it is commenced, by proper filing with the Secretary of State of a notice of proposed rule adoption, to the time it is terminated by the filing with the Secretary of State of a notice of termination or the rule becoming effective. For each pending rule-making proceeding, the docket must indicate:

(a) The subject matter of the proposed rule;

(b) A citation to all published notices relating to the proceeding;

(c) Where written submissions or written requests for a opportunity to make oral presentations on the proposed rule may be inspected;

(d) The time during which written submissions may be made;

(e) If applicable, where and when oral presentations may be made;

(f) Where any economic impact statement and written requests for the issuance of and other information concerning an economic impact statement of the proposed rule may be inspected;

(g) The current status of the proposed rule;

(h) The date of the rule's adoption; and

(i) When the rule will become effective.

SECTION 14. The following shall be codified as Section 25-43-3.103, Mississippi Code of 1972:

25-43-3.103. Notice of Proposed Rule Adoption.

(1) At least twenty-five (25) days before the adoption of a rule an agency shall cause notice of its contemplated action to be properly filed with the Secretary of State for publication in the administrative bulletin. The notice of proposed rule adoption must include:

(a) A short explanation of the purpose of the proposed rule and the agency's reasons for proposing the rule;

(b) The specific legal authority authorizing the proposed rule;

(c) A reference to all rules repealed, amended or suspended by the proposed rule;

(d) Subject to Section 25-43-2.101(5), the text of the proposed rule;

(e) Where, when and how persons may present their views on the proposed rule; and

(f) Where, when and how persons may demand an oral proceeding on the proposed rule if the notice does not already provide for one.

(2) Within three (3) days after its proper filing with the Secretary of State for publication in the administrative bulletin, the agency shall cause a copy of the notice of proposed rule adoption to be mailed to each person who has made a timely request to the agency to be placed on the mailing list maintained by the agency of persons who have requested notices of proposed rule adoptions. An agency may charge persons a reasonable fee for such service, which fee may be in excess of the actual cost of providing persons with mailed copies.

SECTION 15. The following shall be codified as Section 25-43-3.104, Mississippi Code of 1972:

25-43-3.104. Public Participation.

(1) For at least twenty-five (25) days after proper filing with the Secretary of State of the notice of proposed rule adoption, an agency shall afford persons the opportunity to submit, in writing, argument, data and views on the proposed rule.

(2) (a) An agency in its discretion may schedule an oral proceeding on any proposed rule. However, an agency shall schedule an oral proceeding on a proposed rule if, within twenty (20) days after the proper filing of the notice of proposed rule adoption, a written request for an oral proceeding is submitted by a political subdivision, an agency, or twenty-five (25) persons. At that proceeding, persons may present oral or written argument, data, and views on the proposed rule.

(b) An oral proceeding on a proposed rule, if required, may not be held earlier than twenty (20) days after notice of its location and time is properly filed with the Secretary of State for publication in the administrative bulletin. Within three (3) days after its proper filing with the Secretary of State for publication in the administrative bulletin, the agency shall cause a copy of the notice of the location and time of the oral proceeding to be mailed to each person who has made a timely request to the agency to be placed on the mailing list maintained by the agency of persons who have requested notices of proposed rule adoptions.

(c) The agency, a member of the agency, or another presiding officer designated by the agency shall preside at a required oral proceeding on a proposed rule. Oral proceedings must be open to the public and may be recorded by stenographic or other means.

(d) An agency may issue rules for the conduct of oral rule-making proceedings or prepare reasonable guidelines or procedures for the conduct of any such proceedings. Those rules may include, but not be limited to, provisions calculated to prevent undue repetition in the oral proceedings.

SECTION 16. The following shall be codified as Section 25-43-3.105, Mississippi Code of 1972:

25-43-3.105. Economic Impact Statement, Requirement and Conditions.

(1) Prior to giving the notice required in Section 25-43-3.103, each agency proposing the adoption of a rule or significant amendment of an existing rule imposing a duty, responsibility or requirement on any person shall consider the economic impact the rule will have on the citizens of our state and the benefits the rule will cause to accrue to those citizens. For purposes of this section, a "significant amendment" means any amendment to a rule for which the total aggregate cost to all persons required to comply with that rule exceeds One Hundred Thousand Dollars ($100,000.00).

(2) Each agency shall prepare a written report providing an economic impact statement for the adoption of a rule or significant amendment to an existing rule imposing a duty, responsibility or requirement on any person, except as provided in subsection (7) of this section. The economic impact statement shall include the following:

(a) A description of the need for and the benefits which will likely accrue as the result of the proposed action;

(b) An estimate of the cost to the agency, and to any other state or local government entities, of implementing and enforcing the proposed action, including the estimated amount of paperwork, and any anticipated effect on state or local revenues;

(c) An estimate of the cost or economic benefit to all persons directly affected by the proposed action;

(d) An analysis of the impact of the proposed rule on small business;

(e) A comparison of the costs and benefits of the proposed rule to the probable costs and benefits of not adopting the proposed rule or significantly amending an existing rule;

(f) A determination of whether less costly methods or less intrusive methods exist for achieving the purpose of the proposed rule where reasonable alternative methods exist which are not precluded by law;

(g) A description of reasonable alternative methods, where applicable, for achieving the purpose of the proposed action which were considered by the agency and a statement of reasons for rejecting those alternatives in favor of the proposed rule; and

(h) A detailed statement of the data and methodology used in making estimates required by this subsection.

(3) No rule or regulation shall be declared invalid based on a challenge to the economic impact statement for the rule unless the issue is raised in the agency proceeding. No person shall have standing to challenge a rule, based upon the economic impact statement or lack thereof, unless that person provided the agency with information sufficient to make the agency aware of specific concerns regarding the statement in an oral proceeding or in written comments regarding the rule. The grounds for invalidation of an agency action, based upon the economic impact statement, are limited to the agency's failure to adhere to the procedure for preparation of the economic impact statement as provided in this section, or the agency's failure to consider information submitted to the agency regarding specific concerns about the statement, if that failure substantially impairs the fairness of the rule-making proceeding.

(4) A concise summary of the economic impact statement must be properly filed with the Secretary of State for publication in the administrative bulletin and the period during which persons may make written submissions on the proposed rule shall not expire until at least twenty (20) days after the date of such proper filing.

(5) The properly filed summary of the economic impact statement must also indicate where persons may obtain copies of the full text of the economic impact statement and where, when, and how persons may present their views on the proposed rule and demand an oral proceeding on the proposed rule if one is not already provided.

(6) If the agency has made a good faith effort to comply with the requirements of subsections (1) and (2) of this section, the rule may not be invalidated on the ground that the contents of the economic impact statement are insufficient or inaccurate.

(7) This section does not apply to the adoption of:

(a) Any rule which is required by the federal government pursuant to a state/federal program delegation agreement or contract;

(b) Any rule which is expressly required by state law; and

(c) A temporary rule adopted pursuant to Section 25-43-3.108.

SECTION 17. The following shall be codified as Section 25-43-3.106, Mississippi Code of 1972:

25-43-3.106. Time and Manner of Rule Adoption.

(1) An agency may not adopt a rule until the period for making written submissions and oral presentations has expired.

(2) Following the proper filing with the Secretary of State of the notice of proposed rule adoption, an agency shall adopt a rule pursuant to the rule-making proceeding or terminate the proceeding by proper filing with the Secretary of State of a notice to that effect for publication in the administrative bulletin.

(3) Before the adoption of a rule, an agency shall consider the written submissions, oral submissions or any memorandum summarizing oral submissions, and any economic impact statement, provided for by this article.

(4) Within the scope of its delegated authority, an agency may use its own experience, technical competence, specialized knowledge and judgment in the adoption of a rule.

SECTION 18. The following shall be codified as Section 25-43-3.107, Mississippi Code of 1972:

25-43-3.107. Variance between Adopted Rule and Published Notice of Proposed Rule Adoption.

(1) An agency shall not adopt a rule that differs from the rule proposed in the notice of proposed rule adoption on which the rule is based unless all of the following apply:

(a) The differences are within the scope of the matter announced in the notice of proposed rule adoption and are in character with the issues raised in that notice;

(b) The differences are a logical outgrowth of the contents of that notice of proposed rule adoption and the comments submitted in response thereto; and

(c) The notice of proposed rule adoption provided fair warning that the outcome of that rule-making proceeding could be the rule in question.

(2) In determining whether the notice of proposed rule adoption provided fair warning that the outcome of that rule-making proceeding could be the rule in question an agency shall consider all of the following factors:

(a) The extent to which persons who will be affected by the rule should have understood that the rule-making proceeding on which it is based could affect their interests;

(b) The extent to which the subject matter of the rule or issues determined by the rule are different from the subject matter or issues contained in the notice of proposed rule adoption; and

(c) The extent to which the effects of the rule differ from the effects of the proposed rule contained in the notice of proposed rule adoption.

SECTION 19. The following shall be codified as Section 25-43-3.108, Mississippi Code of 1972:

25-43-3.108. Exemption from Public Rule-making Procedures for Temporary Rules.

(1) To the extent an agency for good cause finds that any requirements of Sections 25-43-3.103 through 25-43-3.107 are unnecessary, impracticable or contrary to the public interest in the process of adopting a temporary rule, those requirements do not apply. The agency shall incorporate the required finding and a brief statement of its supporting reasons in each temporary rule adopted in reliance on this subsection. The supporting reasons for the issuance of a temporary rule in accordance with this provision may include, but are not limited to, a serious and unforeseen threat to the public health, safety or welfare; an impending effective date of a recent act of the Legislature of the State of Mississippi or the United States Congress that requires the issuance of implementing or conforming rules or regulations; an impending effective date of a regulation recently issued by an agency or authority of the federal government of the United States that requires the issuance of implementing or conforming rules or regulations; or a court order or other controlling judicial decision that requires the issuance of implementing or conforming rules or regulations. Unless a shorter period of time is stated in the temporary rule, a temporary rule shall expire no later than one hundred eighty (180) days after adoption. A temporary rule may not be renewed after its expiration or early termination by the agency. However, an agency may adopt a rule which is identical or similar to a temporary rule to become effective following the expiration or early termination of the temporary rule, provided that the rule is adopted in accordance with the requirements of Sections 23-43-3.103 through 25-43-3.107.

(2) In an action contesting a temporary rule adopted under subsection (1) of this section, the burden is upon the agency to demonstrate that any omitted requirements of Sections 25-43-3.103 through 25-43-3.107 were impracticable, unnecessary or contrary to the public interest in the particular circumstances involved.

SECTION 20. The following shall be codified as Section 25-43-3.109, Mississippi Code of 1972:

25-43-3.109. Contents, Style, and Form of Rule.

(1) Each rule adopted by an agency must contain the text of the rule and:

(a) The date the agency adopted the rule;

(b) An indication of any change between the text of the proposed rule contained in the published notice of proposed rule adoption and the text of the rule as finally adopted, with the reasons for any substantive change;

(c) Any changes to the information contained in the notice of proposed rule adoption as required by subsections (a), (b) or (c) of Section 25-43-3.103;

(d) Any findings required by any provision of law as a prerequisite to adoption or effectiveness of the rule; and

(e) The effective date of the rule if other than that specified in Section 25-43-3.113(1).

(2) To the extent feasible, each rule should be written in clear and concise language understandable to persons who may be affected by it.

(3) An agency may incorporate, by reference in its rules and without publishing the incorporated matter in full, all or any part of a code, standard, rule or regulation that has been adopted by an agency of the United States or of this state, another state or by a nationally recognized organization or association, if incorporation of its text in agency rules would be unduly cumbersome, expensive or otherwise inexpedient. The reference in the agency rules must fully identify the incorporated matter with an appropriate citation. An agency may incorporate by reference such matter in its rules only if the agency, organization or association originally issuing that matter makes copies of it readily available to the public. The rules must state if copies of the incorporated matter are available from the agency issuing the rule or where copies of the incorporated matter are available from the agency of the United States, this state, another state or the organization or association originally issuing that matter.

(4) In preparing its rules pursuant to this article, each agency shall follow the uniform numbering system, form and style prescribed by the Secretary of State.

SECTION 21. The following shall be codified as Section 25-43-3.110, Mississippi Code of 1972:

25-43-3.110. Agency Rule-making Record.

(1) An agency shall maintain an official rule-making record for each rule it (a) proposes, or (b) adopts. The agency has the exclusive authority to prepare and exclusive authority to certify the record or any part thereof, including, but not limited to, any transcript of the proceedings, and the agency's certificate shall be accepted by the court and by any other agency. The record must be available for public inspection.

(2) The agency rule-making record must contain:

(a) Copies of all notices of proposed rule making or oral proceedings or other publications in the administrative bulletin with respect to the rule or the proceeding upon which the rule is based;

(b) Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding upon which the rule is based;

(c) All written petitions, requests, submissions and comments received by the agency and all other written materials considered by the agency in connection with the formulation, proposal or adoption of the rule or the proceeding upon which the rule is based;

(d) Any official transcript of oral presentations made in the proceeding upon which the rule is based or, if not transcribed, any tape recording or stenographic record of those presentations, and any memorandum prepared by a presiding official summarizing the contents of those presentations;

(e) A copy of any economic impact statement prepared for the proceeding upon which the rule is based;

(f) A copy of the rule and related information set out in Section 25-43-3.109 as filed in the Office of the Secretary of State; and

(g) All petitions for exceptions to, amendments of, or repeal or suspension of, the rule.

(3) The agency shall have authority to engage such persons and acquire such equipment as may be reasonably necessary to record and preserve in any technically and practicably feasible manner all matters and all proceedings had at any rule-making proceeding.

(4) Upon judicial review, the record required by this section constitutes the official agency rule-making record with respect to a rule. Except as otherwise required by a provision of law, the agency rule-making record need not constitute the exclusive basis for agency action on that rule or for judicial review thereof.

SECTION 22. The following shall be codified as Section 25-43-3.111, Mississippi Code of 1972:

25-43-3.111. Invalidity of Rules Not Adopted According to Article; Time Limitation.

(1) A rule adopted after July 1, 2000, is invalid unless adopted in substantial compliance with the provisions of Sections 25-43-3.102 through 25-43-3.110. Inadvertent failure to mail a notice of proposed rule adoption to any person as required by Section 24-43-3.103(2) does not invalidate a rule.

(2) An action to contest the validity of a rule on the grounds of its noncompliance with any provision of Sections 25-43-3.102 through 25-43-3.110 must be commenced within one (1) year after the effective date of the rule.

SECTION 23. The following shall be codified as Section 25-43-3.112, Mississippi Code of 1972:

25-43-3.112. Filing of Rules.

An agency shall file in the Office of the Secretary of State each rule it adopts and all rules existing on July 1, 2000, that have not previously been filed. The filing must be done as soon after adoption of the rule as is practicable. At the time of filing, each rule adopted after July 1, 2000, must have included in or attached to it the material set out in Section 25-43-3.109. The Secretary of State shall affix to each rule and statement a certification of the date of filing and keep a permanent register open to public inspection of all filed rules and attached material. In filing a rule, each agency shall use a standard format prescribed by the Secretary of State.

SECTION 24. The following shall be codified as Section 25-43-3.113, Mississippi Code of 1972:

25-43-3.113. Effective Date of Rules.

(1) Except to the extent subsection (2) or (3) of this section provides otherwise, each rule adopted after July 1, 2000, becomes effective thirty (30) days after its proper filing in the Office of the Secretary of State.

(2) (a) A rule becomes effective on a date later than that established by subsection (1) of this section if a later date is required by another statute or specified in the rule.

(b) A rule may become effective immediately upon its filing or on any subsequent date earlier than that established by subsection (1) of this section if the agency establishes such an effective date and finds that:

(i) It is required by constitution, statute or court order;

(ii) The rule only confers a benefit or removes a restriction on the public or some segment thereof;

(iii) The rule only delays the effective date of another rule that is not yet effective; or

(iv) The earlier effective date is necessary because of imminent peril to the public health, safety or welfare.

(c) The finding and a brief statement of the reasons therefor required by paragraph (b) of this subsection must be made a part of the rule. In any action contesting the effective date of a rule made effective under paragraph (b) of this subsection, the burden is on the agency to justify its finding.

(d) A temporary rule may become effective immediately upon its filing or on any subsequent date earlier than that established by subsection (1) of this section.

(e) Each agency shall make a reasonable effort to make known to persons who may be affected by it a rule made effective before any date established by subsection (1) of this section.

(3) This section does not relieve an agency from compliance with any provision of law requiring that some or all of its rules be approved by other designated officials or bodies before they become effective.

SECTION 25. The following shall be codified as Section 25-43-3.114, Mississippi Code of 1972:

25-43-3.114. Review by Agency.

At least every five (5) years, each agency shall review all of its rules to determine whether any rule should be repealed, amended or a new rule adopted.

APPLICATIONS; LICENSES

SECTION 26. The following shall be codified as Section 25-43-4.101, Mississippi Code of 1972:

25-43-4.101. Adjudicative Proceedings - When Required; Exceptions.

(1) An agency shall conduct an adjudicative proceeding as the process for formulating and issuing an order, unless the order is a decision:

(a) To issue or not to issue a complaint, demand, charge of violation or other obligation, summons, assessment or similar accusation subject to administrative review;

(b) To initiate or not to initiate an investigation, prosecution, or other proceeding before the agency, another agency, or a court;

(c) Under Section 25-43-4.103, not to conduct an adjudicative proceeding;

(d) To issue notice of intent to take agency action;

(e) To issue a license where by law the applicant is entitled to an adjudicative proceeding if the license is denied, or where after issuance of the license by law there is provided an opportunity for an adjudicative proceeding upon application of an interested person;

(f) To take an agency action where after the agency action is taken by law there is provided an opportunity for the person affected for an adjudicative proceeding before the Mississippi Employee Appeals Board;

(g) To issue an order granting the request of the agency staff which may take effect only upon authorization by the agency head;

(h) To open or close a season for hunting or fishing, or to set limits for kill or catch;

(i) To restrict access to levees protecting against rivers at flood stage;

(j) Under Sections 93-11-155 et seq., to suspend a state-issued license;

(k) To acquire, administer or dispose of interests in real or personal property, except where by another provision of law a party with standing may complain of agency action; or

(l) To take action in a nonregulatory matter which is in the normal scope of business of the agency, including entering into contracts or agreements with any other state or federal agency, or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest, except where by another provision of law a party with standing may complain of agency action; to accept gifts, trusts, bequests, grants, endowments or transfers of property of any kind; to receive monies coming to it by way of fees for services or by appropriations; to employ, qualified professional personnel, and such other technical and clerical staff as may be required for the operation of the agency.

(2) This article does not apply to rule-making proceedings unless a statute other than contained in this chapter expressly so requires.

(3) This article does not apply to a public hearing held by an agency where the principal purpose of such hearing is to invite the public to appear and receive information or provide comment on a proposed agency action.

(4) This article provides minimum standards for adjudicative proceedings. Nothing in this article provides that an agency may not employ additional procedures as may be required or permitted by other law, including valid agency rules that the agency may make, so long as the rights conferred by this article are not prejudiced.

(5) Except as provided otherwise in this chapter or another provision of law, an agency may conduct an adjudicative proceeding as the process for resolving any matter within the jurisdiction of the agency. If an agency commences an adjudicative proceeding in any matter, that proceeding shall be governed by this article unless the parties agree otherwise.

SECTION 27. The following shall be codified as Section 25-43-4.102, Mississippi Code of 1972:

25-43-4.102. Adjudicative Proceedings - Commencement.

(1) An agency may commence an adjudicative proceeding at any time with respect to a matter within the jurisdiction of the agency.

(2) An agency shall commence an adjudicative proceeding upon the application of any person responding to a complaint, demand, denial of a benefit, notice of agency action affecting that person, charge of violation or other obligation, summons, assessment or similar accusation served on that person by the agency.

(3) In addition to its obligations provided in paragraph (b), an agency shall commence an adjudicative proceeding upon the application of any person, unless:

(a) The agency lacks jurisdiction of the subject matter;

(b) Resolution of the matter requires the agency to exercise discretion within the scope of Section 25-43-4.101(1), subject to the provision of subsection (2) of this section;

(c) The Constitution or a statute vests the agency with discretion to conduct or not to conduct an adjudicative proceeding before issuing an order to resolve the matter and, in the exercise of that discretion, the agency has determined not to conduct an adjudicative proceeding;

(d) Resolution of the matter will not require the agency to issue an order that may adjudge the applicant's legal rights, duties, privileges, immunities, or other legal interests;

(e) The applicant claims only (i) that he is a citizen, a voter, or a taxpayer, or (ii) that he has an interest that the law be enforced, and nothing more;

(f) The matter was not timely submitted to the agency; or

(g) The matter was not submitted in a form substantially complying with any applicable provision of law, and was not amended within a reasonable time so that it substantially complies with any applicable provision of law. Any timely amendment relates back to the date of the original application.

(4) (a) An application for an agency to issue an order is deemed to include an application for the agency to conduct appropriate adjudicative proceedings, whether or not the applicant expressly requests those proceedings.

(b) An application for an agency to conduct an adjudicative proceeding shall be deemed to include an application for the agency to issue an appropriate order, whether or not the applicant expressly requests the agency to issue an order.

(5) An adjudicative proceeding commences when the agency:

(a) Serves notice on a party that a prehearing conference, hearing, or other stage of an adjudicative proceeding will be conducted; or

(b) Begins to take action on a matter that appropriately may be determined by an adjudicative proceeding, unless the action is:

(i) An investigation for the purpose of determining whether an adjudicative proceeding should be conducted; or

(ii) A decision which, under Section 25-43-4.101(1), the agency may make without conducting an adjudicative proceeding.

SECTION 28. The following shall be codified as Section 25-43-4.103, Mississippi Code of 1972:

25-43-4.103. Decision Not to Conduct Adjudicative Proceeding.

If an agency decides not to conduct an adjudicative proceeding in response to an application, the agency shall serve on any applicant therefor a copy of its decision in writing, with a brief statement of the agency's reasons and of any administrative review available to the applicant.

SECTION 29. The following shall be codified as Section 25-43-4.104, Mississippi Code of 1972:

25-43-4.104. Agency Action on Applications.

(1) Except to the extent that the time limits in this subsection are inconsistent with limits established by another statute for any stage of a proceeding, an agency shall process an application for an order, as follows:

(a) Within thirty (30) days after receipt of the application, the agency shall examine the application, notify the applicant of any apparent errors or omissions, request any additional information the agency wishes to obtain and is permitted by law to require, and notify the applicant of the name, official title, mailing address and telephone number of an agency member or employee who may be contacted regarding the status of the application or other procedural information relating to the matter.

(b) Any timely response the applicant makes to a timely request made by the agency pursuant to paragraph (a) shall relate back to the date of the original application.

(c) Except in situations governed by paragraph (d), within and no later than ninety (90) days after receipt of the application or of a response to a timely request made by the agency pursuant to paragraph (a), whichever is later, the agency shall:

(i) Approve or deny the application, in whole or in part, on the basis of emergency or basic adjudicative proceedings, if those proceedings are available under this chapter for disposition of the matter;

(ii) Commence a formal adjudicative hearing or an informal adjudicative hearing in accordance with this chapter; or

(iii) Dispose of the application in accordance with Section 25-43-4.103.

(d) If the application pertains to subject matter that is not available when the application is filed but may be available in the future, the agency may proceed to make a determination of eligibility within the time provided in paragraph (c) of this subsection. If the agency determines that the applicant is eligible, the agency shall maintain the application on the agency's list of eligible applicants as provided by law and, upon request, shall notify the applicant of the status of the application.

(2) If a timely and sufficient application has been made for renewal of a license with reference to any activity of a continuing nature, and if at the time of the application, the license is held by applicant in good standing, the existing license does not expire until the agency has taken final action upon the application for renewal or, if the agency's action is unfavorable, until the last day for seeking judicial review of the agency's action or a later date fixed by the court.

SECTION 30. The following shall be codified as Section 25-43-4.105, Mississippi Code of 1972:

25-43-4.105. Agency Action Against Licensees.

An agency may not revoke, suspend, modify, annul, withdraw, or amend a license unless the agency first serves notice of the anticipated action on the licensee and affords a reasonable opportunity for an appropriate adjudicative proceeding in accordance with this chapter and any other applicable statute. This section does not preclude an agency from (1) taking immediate action to protect the public interest in accordance with Section 25-43-4.601 or (2) adopting rules otherwise within the scope of its authority, pertaining to a class of licensees, including rules affecting the existing licenses of a class of licensees.

SECTION 31. The following shall be codified as Section 25-43-4.106, Mississippi Code of 1972:

25-43-4.106. Informal Settlements; Alternative Dispute Resolution; Waiver.

(1) Unless precluded by statute, parties are encouraged to consider settlement, including the entry of a consent order, in a matter that may lead to adjudicative proceedings according to the provisions of this article. Unless precluded by statute, agencies may make rules that may regulate and facilitate settlements of matters prior to the commencement of and in the course of adjudicative proceedings. This subsection shall not be construed to require any party to an adjudicative proceeding to utilize any such settlement procedures or to settle the matter.

(2) Unless precluded by statute, parties are encouraged to consider alternative dispute resolution as a means that may resolve a matter that may lead to adjudicative proceedings. Unless precluded by statute, agencies may make rules that may regulate and facilitate alternative dispute resolution of matters prior to the commencement of or in the course of adjudicative proceedings. This subsection shall not be construed to require any party to utilize alternative dispute resolution.

(3) Unless precluded by statute, the parties to an adjudicative proceeding may, by written instrument manifesting an informed consent and agreement, enter a consent order resolving all or part of an adjudicative proceeding.

(4) Unless precluded by statute, the parties to an adjudicative proceeding may, by written stipulation manifesting an informed consent and agreement, waive any provision of this article relating to such proceeding.

SECTION 32. The following shall be codified as Section 25-43-4.110, Mississippi Code of 1972:

25-43-4.110. Party; Defined.

"Party to agency proceedings," or "party" in contexts so indicating, means:

(a) A person to whom the agency action is specifically directed, a person named as a party to an agency proceeding or allowed to intervene or participate as a party in the proceeding; or

(b) The agency, insofar as the staff of a department or division of the agency prosecutes, defends or acts as an advocate or otherwise pursues an interest, but not where the agency is essentially neutral regarding the outcome of the proceedings and the agency's primary interest is that the proceeding be fair, speedy and cost effective.

SECTION 33. The following shall be codified as Section 25-43-4.201, Mississippi Code of 1972:

25-43-4.201. Applicability.

An adjudicative proceeding is governed by this part, except as otherwise provided by:

(a) A statute other than one contained in this chapter;

(b) A rule lawfully made pursuant to such statute, where such rule is not inconsistent with the standards in this chapter or an applicable statute other than one contained in this chapter;

(c) A rule that adopts the procedures for the informal adjudicative hearing or basic adjudicative proceeding in accordance with the standards provided in this chapter for those proceedings;

(d) Section 25-43-4.601 pertaining to emergency adjudicative proceedings; or

(e) Section 25-43-2.103 pertaining to proceedings for declaratory opinions.

SECTION 34. The following shall be codified as Section 25-43-4.202, Mississippi Code of 1972:

25-43-4.202. Presiding Officer - Disqualification; Substitution.

(1) "Presiding officer" means a person or persons acting in accordance with this section.

(2) The agency head, one or more members of the agency head, one or more hearing officers or administrative judges employed or appointed by the agency, or one or more hearing officers assigned by the Division of Independent Hearing Officers in accordance with Section 25-43-4.301, or any combination thereof, in the discretion of the agency head, may be the presiding officer.

(3) Ordinarily, the presiding officer should be, but is not required to be a person or persons assigned by the Division of Independent Hearing Officers,

(a) Unless the agency head is the presiding officer, or

(b) Unless the agency is essentially neutral regarding the outcome of the proceeding and the agency's primary interest is that the proceeding be fair, speedy and cost-effective;

provided, however, that nothing in this article shall prohibit any agency from using hearing officers who may be employed or appointed by the agency. Hearing officers utilized by the agency who are not employed or otherwise engaged by the division shall have the same qualifications as those engaged by the division.

(4) Any person serving or designated to serve alone or with others as presiding officer is subject to disqualification for bias, prejudice, interest, or any other cause provided in this chapter or for which a judge is or may be disqualified in a civil action.

(5) Any party may move to disqualify a person promptly after receipt of notice indicating that the person will preside or promptly upon discovering facts establishing grounds for disqualification, whichever is later.

(6) A person whose disqualification is requested shall determine whether to grant the motion, stating facts and reasons for the determination.

(7) If a substitute is required for a person who is disqualified or becomes unavailable for any other reason, the substitute may be appointed as provided in subsections (2) and (3) of this section.

(8) Any action taken by a duly-appointed substitute for a disqualified or unavailable person is as effective as if taken by the latter.

SECTION 35. The following shall be codified as Section 25-43-4.203, Mississippi Code of 1972:

25-43-4.203. Representation.

(1) Any party may participate in the hearing in person or, if the party is a corporation or other artificial person, by its duly authorized representative.

(2) Whether or not participating in person, any party may be advised and represented at the party's own expense by a lawyer or, except as limited but not prohibited by agency rule, by any other representative. The agency may implement this subsection by rule designating the qualifications of representative(s) that may appear on behalf of a party and what binding effect the actions of the representative(s) will have on the party so represented.

(3) Any application, pleading, or other document prepared by a lawyer or other representative of a party shall contain the typed or printed name, mailing address (including fax number and e-mail address, if available), and telephone number of the preparer.

SECTION 36. The following shall be codified as Section 25-43-4.204, Mississippi Code of 1972:

25-43-4.204. Prehearing Conference - Availability; Notice.

(1) Any party may request a prehearing conference. In response to a request by a party, or on the presiding officer's own motion, the presiding officer may determine, subject to any applicable agency rules, that a prehearing conference will be conducted.

(2) If the prehearing conference is to be conducted:

(a) The presiding officer shall promptly notify the agency that a prehearing conference will be conducted. The presiding officer shall conduct the prehearing conference except as provided by agency rule or unless that presiding officer is disqualified or becomes unavailable for any other reason.

(b) The presiding officer shall set the time and place of the prehearing conference, subject to any applicable agency rules, and direct the agency to serve notice of the prehearing conference to all parties and to all persons who have motions to intervene pending in the matter. The agency shall also serve notice to other persons entitled to notice under any provision of law or agency rule.

(c) The notice must include:

(i) The official agency file or other reference number and the style of the proceeding;

(ii) A statement of the time, place, and nature of the prehearing conference;

(iii) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(iv) The name, official title, and mailing address of the presiding officer for the prehearing conference;

(v) The name, official title, and mailing address (including fax number and e-mail address, if available) of any counsel or employee who has been designated to appear for the agency;

(vi) The names and mailing addresses of all parties and other persons to whom notice is being given;

(vii) The name, official title, mailing address (including fax number and e-mail address, if available), and telephone number of the agency employee or other person who may be able to answer procedural questions about the prehearing conference;

(viii) A statement that at the prehearing conference the proceeding, without further notice, may be converted into an informal adjudicative hearing or basic adjudicative proceeding for disposition of the matter as provided by this chapter; and

(ix) A statement with an explanation of its consequences that a party who fails to attend or participate in a prehearing conference, hearing, or other stage of an adjudicative proceeding may be held in default under this chapter.

(d) The notice may include any other matters that the presiding officer considers desirable to expedite the proceedings, subject to any applicable provision of law including agency rules.

SECTION 37. The following shall be codified as Section 25-43-4.205, Mississippi Code of 1972:

25-43-4.205. Prehearing Conference - Procedure; Prehearing Order.

(1) The presiding officer may conduct all or part of the prehearing conference by telephone, television, or other electronic means if each participant in the prehearing conference has an opportunity to participate in, to hear, and, if technically and practicably feasible, to see the entire proceeding while it is taking place.

(2) Any matters respecting the fair, speedy and cost-effective determination of the issues may be considered at the prehearing conference, including without limitation such matters as:

(a) Conversion of the proceeding to another type,

(b) Use of alternative dispute resolution,

(c) Whether there are other persons to be joined if feasible,

(d) Any motions, petitions or other applications,

(e) Exploration of settlement possibilities,

(f) Preparation of stipulations,

(g) Clarification of issues,

(h) Identity and limitation of the number of witnesses,

(i) Identity and authenticity of exhibits,

(j) Objections to proffers of evidence,

(k) Determination of the extent to which direct evidence, rebuttal evidence, or cross-examination will be presented in written form,

(l) Determination of the extent to which telephone, television, or other electronic means may be used to conduct the hearing as a substitute for proceedings in person,

(m) Order of presentation of evidence and cross-examination,

(n) Rulings regarding issuance of subpoenas,

(o) Matters regarding discovery, the adequacy of responses to discovery, orders compelling discovery, or protective orders as may be appropriate, and

(p) Such other matters as may aid in the conduct of the proceeding or the disposition of the matter.

(3) If a prehearing conference is held, the presiding officer shall issue a prehearing order incorporating and memorializing the matters determined at the prehearing conference. The presiding officer may require that the agency and the parties assist in preparing the prehearing order.

(4) If a prehearing conference is not held, the presiding officer may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.

(5) Whether a prehearing conference is held or not, the presiding officer, subject to any applicable agency rules, may require the parties, jointly or severally, to prepare a prehearing statement or order addressing such matters as set out in subsection (2) of this section. Any prehearing statement shall be included within "prehearing order" for purposes of this article.

SECTION 38. The following shall be codified as Section 25-43-4.206, Mississippi Code of 1972:

25-43-4.206. Notice of Hearing.

(1) The presiding officer for the hearing shall set the time and place of the hearing, subject to any applicable agency rules, and direct the agency to serve notice of the hearing on all parties, all persons who have written motions to intervene pending in the matter, and any other person entitled to notice under any provision of law.

(2) The notice may include a copy of any prehearing order issued in the matter.

(3) To the extent not included in a prehearing order accompanying it, the notice must include:

(a) The official agency file or other reference number and the style of the proceeding;

(b) A statement of the time, place, and nature of the hearing;

(c) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(d) The name, official title, and mailing address of the presiding officer;

(e) The name, official title, mailing address (including fax number and e-mail address, if available) and telephone number of any counsel or employee who has been designated to appear for the agency;

(f) The names and mailing addresses of all parties and other persons to whom notice is being given;

(g) The name, official title, mailing address (including fax number and e-mail address, if available) and telephone number of the agency employee(s) or other person who may be able to answer procedural questions about the hearing;

(h) A statement with an explanation of its consequences that a party who fails to attend or participate in a prehearing conference, hearing, or other stage of an adjudicative proceeding may be held in default.

(4) The notice may include any other matters the agency or presiding officer considers appropriate to expedite and facilitate the proceedings.

SECTION 39. The following shall be codified as Section 25-43-4.207, Mississippi Code of 1972:

25-43-4.207. Pleadings; Briefs; Motions.

(1) The presiding officer, at all stages of the proceedings, and subject to any applicable provision of law, including agency rules, shall give all parties fair opportunity to file pleadings, and amendments thereto, motions, responses, objections, and other statements of position as may be required by agency rule. A timely amendment to a pleading relates back to the date of the original pleading.

(2) The presiding officer, at appropriate stages of the proceedings, and subject to any applicable provision of law, including agency rules, may give all parties fair opportunity to file briefs, proposed findings of fact and conclusions of law, and proposed initial or final orders.

(3) A party shall serve copies of any pleading, motion, brief or other paper that the party files in the proceeding on all other parties by any means provided in this chapter and, in addition, by any means provided by agency rule.

SECTION 40. The following shall be codified as Section 25-43-4.208, Mississippi Code of 1972:

25-43-4.208. Default.

(1) If a party fails to attend or participate in a duly noticed prehearing conference, hearing, or other stage of a formal adjudicative proceeding, the presiding officer may serve upon all parties written notice of a proposed default order, including a statement of the grounds, or, if the presiding officer so directs, the agency must serve such proposed default order.

(2) Within ten (10) days after service of a proposed default order, the party against whom it is proposed to be issued may object in writing to the issuance of the proposed default order and state the grounds of the objection. During the time within which a party may file a written objection under this subsection, the presiding officer may adjourn the proceedings or conduct them without the participation of the party against whom a proposed default order may be issued, having due regard for the interests of justice and fairness and the orderly and prompt conduct of the proceedings.

(3) The presiding officer shall either issue or deny the default order promptly after expiration of the time within which the party may object under subsection (2) of this section.

(4) After issuing a default order, the presiding officer shall conduct any further proceedings necessary to complete the proceeding without the participation of the party in default and shall determine all issues in the proceeding, including those affecting the defaulting party. The presiding officer may allow the defaulting party to participate in the proceeding subject to the terms and conditions of the default order.

SECTION 41. The following shall be codified as Section 25-43-4.209, Mississippi Code of 1972:

25-43-4.209. Intervention - Persons Needed for Full and Fair Determination.

(1) Subject to any applicable provision of law or agency rule, the presiding officer shall grant a motion to intervene in an adjudicative proceeding if:

(a) The motion is filed with the agency, with copies served on all parties named in the official notice of the hearing, at least ten (10) days before the hearing, or, for good cause and having due regard for the interests of the agency and the parties, less than ten (10) days before the hearing; and

(i) The motion states facts demonstrating that the movant's legal rights, duties, privileges, immunities, or other legal interests may be affected by the outcome of the proceeding or that the movant qualifies as an intervener under any provision of law; or

(ii) The movant's asserted interests are among those the agency is required to consider in the proceeding; and

(iii) The presiding officer determines that the interests of justice and the orderly and prompt conduct of the proceeding will not be impaired by allowing the intervention.

(2) Upon filing a motion to intervene, the would be intervener becomes a person who, pending ruling on the motion, should receive all notices provided thereafter to parties and all papers parties may thereafter file and serve.

(3) The fact that a person moving to intervene in a proceeding claims (1) that he is a citizen, a voter or a taxpayer or (2) that he has an interest that the law be enforced is, without more, insufficient grounds upon which the presiding officer may grant a motion to intervene.

(4) The presiding officer may grant a motion to intervene at any time, upon determining that the intervention sought is in the interests of justice and fairness and will not impair the orderly and prompt conduct of the proceedings.

(5) An association of persons, some of whose members are eligible for intervention, may be allowed to intervene upon the same showing and subject to the same conditions as its members who may be eligible to intervene.

(6) If a movant qualifies for intervention, the presiding officer may impose conditions upon the intervener's participation in the proceedings, subject to any applicable provision of law, including agency rules, either at the time that intervention is granted or at any subsequent time. Conditions may include:

(a) Limiting the intervener's participation to designated issues in which the intervener has a particular interest;

(b) Limiting the intervener's use of discovery, subpoenas, cross-examination, and other procedures so as to promote the orderly and prompt conduct of the proceedings; and

(c) Requiring two (2) or more interveners to combine their presentations of evidence and argument, cross-examination, discovery, and other participation in the proceedings.

(7) The presiding officer shall issue an order granting or denying each pending motion to intervene, specifying any conditions, and briefly stating the reasons for the order. The presiding officer may modify the order at any time, briefly stating the reasons for the order.

(8) A person who is subject to the jurisdiction of the agency shall be joined as a party in the proceeding if:

(a) In the person's absence complete relief cannot be accorded among those already parties, or

(b) The person claims an interest relating to the subject of the proceeding and is so situated that the disposition of the proceeding in the person's absence may (i) as a practical matter impair or impede the person's ability to protect that interest or (ii) leave any of the parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of the person's claimed interest. If the person has not been so joined, the presiding officer may order that the person be made a party and summoned to appear.

(9) After entry of an order allowing intervention or for joinder, the intervener or the person being joined shall be a party, subject to any conditions provided under the authority of subsection (6) of this section.

SECTION 42. The following shall be codified as Section 25-43-4.210, Mississippi Code of 1972:

25-43-4.210. Subpoenas; Discovery Orders; Protective Orders.

(1) Prehearing discovery is authorized in formal adjudicative proceedings under this part. The presiding officer, at the request of any party or upon the presiding officer's own motion, and subject to any applicable provision of law, including agency rules, may but is not required to allow discovery and issue protective orders, compel discovery, or grant sanctions in accordance with the Mississippi Rules of Civil Procedure as if the proceeding were a civil action governed by the Mississippi Rules of Civil Procedure.

(2) Each agency is authorized to issue subpoenas. The subpoena power of each agency extends throughout the entire State of Mississippi. The presiding officer, at the request of any party shall, or upon the presiding officer's own motion may, direct the agency to issue subpoenas. Every subpoena shall be issued by the agency, shall state the name and address of the agency, the official agency file or other reference number, and the style of the proceeding, and shall command each person to whom it is directed to attend and give testimony, or to produce and permit inspection, testing and copying of designated books, documents or tangible things in the possession, custody or control of that person, or to which that person has reasonable access, or to permit inspection or testing of premises, at a time that may be before or at a hearing and at a place therein specified. Pursuant to agency rule, the subpoena may be issued by the person designated by agency rule to issue subpoenas on behalf of the agency or by the presiding officer, but otherwise in blank, to a party requesting it, who shall fill it in before service. A command to produce evidence or to permit inspection may be joined with a command to appear at hearing or at deposition, or may be issued separately.

(3) Subpoenas and other orders issued under this section may be enforced pursuant to the provisions of this chapter on civil enforcement of agency action. A subpoena shall be treated as an order for purposes of civil enforcement subpoenas.

(4) Witnesses subpoenaed to appear in agency proceedings shall receive at least the same fees and mileage as witnesses in civil actions in courts of record.

(5) A subpoena may be served by a sheriff, or by sheriff's deputy, or by a representative of the agency, or by any other person who is not less than eighteen (18) years of age, and his or her return endorsed thereon shall be prima facie proof of service, or the person served may acknowledge service in writing on the subpoena. Service of the subpoena shall be executed upon the witness personally. Proof of service shall be made by filing with the agency from which the subpoena was issued a statement, certified by the person who made the service, setting forth the date and manner of service, the address, including the city and county in which it was served, and the names of the person or persons served.

(6) The agency may adopt rules that implement and elaborate this section.

SECTION 43. The following shall be codified as Section 25-43-4.211, Mississippi Code of 1972:

25-43-4.211. Agency Records; Staff Recommendations; Proceedings.

(1) An agency that relies on a witness in an adjudicative proceeding, whether or not an agency employee, who has made prior statements or reports with respect to the subject matter of the witness' testimony, shall, on request, promptly make such statements or reports available to parties, unless those statements or reports are otherwise expressly protected from disclosure by another provision of law. Identifiable agency records that are relevant to disputed material facts involved in an adjudicative proceeding, shall, upon request, promptly be made available to a party unless the requested records are expressly protected from disclosure by another provision of law. The provisions of this subsection are independent of and in addition to any provisions of the Mississippi Public Records Act.

(2) Not less than ten (10) days before a hearing under this part, the agency staff shall serve upon all parties any recommendation the staff will make at the hearing, including the substance of the facts and circumstances supporting the recommendation, and identification of all persons who have provided facts or opinions upon which the staff recommendation is based, and a summary of the grounds for each such opinion. The agency staff shall serve upon all parties all other materials it provides to the presiding officer.

(3) In the discretion of and within such time frames as he may deem appropriate, the presiding officer may allow discovery with respect to the staff recommendation and other materials the staff provides to the presiding officer.

(4) The agency may adopt rules that implement and elaborate this section.

SECTION 44. The following shall be codified as Section 25-43-4.212, Mississippi Code of 1972:

25-43-4.212. Procedure at Hearing.

At a hearing:

(a) The presiding officer shall regulate the course of the proceedings in conformity with any prehearing order and subject to any applicable provision of law, including agency rule. The presiding officer may expedite the proceedings, grant continuances, recess or bifurcate hearings, and shall exercise reasonable control over the mode and order of questioning witnesses and presenting evidence so as to (a) make the questioning and presentation effective for the ascertainment of the facts, (b) avoid needless consumption of time, (c) protect privacy rights, trade secrets, and other similar interests created by another provision of law and (d) protect witnesses from harassment or undue embarrassment.

(b) To the extent necessary for full disclosure of all relevant facts and issues, the presiding officer shall afford to all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention, by agency rule, or by a prehearing order.

(c) The presiding officer may give nonparties an opportunity to present oral or written statements. If the presiding officer proposes to consider a statement by a nonparty, the presiding officer shall give all parties an opportunity to challenge or rebut it and, on motion of any party, the presiding officer shall require the statement to be given under oath or affirmation.

(d) The presiding officer may conduct all or part of the hearing by telephone, television, or other electronic means, if each participant in the hearing has an opportunity to participate in, to hear, and, if technically and practicably feasible, to see the entire proceeding while it is taking place.

(e) The presiding officer shall cause all proceedings at the hearing to be recorded and preserved, stenographically, mechanically or electronically, by any means technically and practicably feasible, and at the agency's expense. The agency is not required, at its expense, to prepare a transcript, unless required to do so by a provision of law. Upon written request, the agency shall make available to any party to the proceeding, for a reasonable cost of reproduction, a copy of any electronic recording of the proceeding. Any party, at the party's expense, may cause a qualified reporter to prepare a transcript from the agency's record or to appear at the hearing to record the proceedings stenographically, or cause additional electronic recordings to be made during the hearing if the making of the additional recordings does not cause undue distraction or disruption.

(f) The hearing is open to public observation, except for the parts that the presiding officer rules should be closed pursuant to a provision of law authorizing closure, imposing confidentiality requirements or protecting privacy rights. To the extent that a hearing is conducted by telephone, television, or other electronic means, and is not closed, the availability of public observation is satisfied by giving members of the public an opportunity, at reasonable times, to hear or inspect the agency's record, and to inspect any transcript obtained by the agency. Members of the public, including the news media, may record, photograph, broadcast, videotape or telecast all or any part of the hearing that is otherwise open to the public. The presiding officer has full authority to provide such restrictions as will avoid disruption or interference with the orderly conduct of the hearing or with any other person's participation in or observance of the hearing.

SECTION 45. The following shall be codified as Section 25-43-4.213, Mississippi Code of 1972:

25-43-4.213. Evidence; Official Notice.

(1) Within his discretion the presiding officer may receive and consider such evidence as reasonably prudent persons are accustomed to relying on in the conduct of their serious affairs even if such evidence would not be admissible in the trial of a civil action. To this end, the presiding officer may consider the Mississippi Rules of Evidence for guidance but should relax the formal provisions and requisites of those rules, except rules providing evidentiary privileges. The presiding officer shall respect and enforce any provision of law providing privileges, including the deliberative process privilege, imposing confidentiality requirements or protecting privacy rights, trade secrets, and other similar interests, and may enter protective orders to those ends, except that the person for whose benefit any such provision of law has been made may waive that protection. Any party waives any privacy right and any other privilege, with the exception of the lawyer-client privilege as defined in the Mississippi Rules of Evidence and the deliberative process privilege, with respect to evidence relevant to any issue, claim or defense the party asserts or puts in issue in the proceeding. The presiding officer may enter an appropriate protective order to prevent use or disclosure of such evidence outside the context of the adjudicative proceeding or judicial review thereof.

(2) Upon proper objection, and in the absence of waiver, the presiding officer shall exclude evidence that is irrelevant, immaterial, unduly repetitious, or excludable on constitutional or statutory grounds or on the basis of any evidentiary privilege recognized in the courts of this state, or any other provision of law imposing confidentiality requirements or protecting privacy rights. In the absence of proper objection, the presiding officer may exclude objectionable evidence sua sponte. Evidence may not be excluded solely because it is hearsay. If evidence is excluded by the hearing officer, the party offering the evidence may make an offer of proof for the record.

(3) All testimony of parties and witnesses must be made under oath or affirmation.

(4) Statements presented by nonparties in accordance with Section 25-43-4.212(c) may be received as evidence.

(5) Subject to any applicable provision of law, including agency rule, any part of the testimony or other evidence may be received in written form, including prefiled direct testimony of witnesses who will appear at the hearing, if doing so will expedite the hearing without substantial prejudice to the interests of any party, subject to any applicable agency rule.

(6) Documentary evidence may be received in the form of a copy or excerpt. Upon request, parties must be given an opportunity to compare the copy with the original if available.

(7) Official notice may be taken of (1) any fact that could be judicially noticed in the courts of this state, (2) the record of other proceedings before the agency, (3) technical or scientific matters within the agency's specialized knowledge, and (4) codes or standards that have been adopted by an agency of the United States, of this state or of another state, or by a nationally recognized organization or association. Parties must be notified before or during the hearing, or before the issuance of any initial or final order that is based in whole or in part on facts or material noticed, of the specific facts or material noticed and the source thereof, including any staff memoranda and data, and be afforded an opportunity to contest and rebut the facts or material so noticed.

(8) The presiding officer should consider the agency's expertise, technical competence, and specialized knowledge in the evaluation of the evidence.

SECTION 46. The following shall be codified as Section 25-43-4.214, Mississippi Code of 1972:

25-43-4.214. Ex parte Communications.

(1) Except as provided in subsection (2) or (3) of this section or unless required for the disposition of ex parte matters specifically authorized by statute, a presiding officer serving in an adjudicative proceeding, and any person or persons with authority to determine the outcome of such proceeding, or the agency head that may eventually review the matter on behalf of the agency, may not communicate, directly or indirectly, regarding any issue in the proceeding, while the proceeding is pending at either the adjudicative level or agency review level, with any party, with any representative of a party, with any person who has a direct or indirect interest in the outcome of the proceeding, or with any person who presided at a previous stage of the proceeding, without notice and opportunity for all parties to participate in the communication.

(2) A presiding officer or any other person within subsection (1) may communicate with a party or representative regarding scheduling of hearings or other routine ministerial details not bearing on the issues in the proceeding.

(3) A member of a multi-member panel of presiding officers may communicate with other members of the panel regarding a matter pending before the panel, and any presiding officer may receive aid from staff assistants if the assistants do not (1) receive ex parte communications of a type that the presiding officer would be prohibited from receiving or (2) furnish, augment, diminish, or modify the evidence in the record.

(4) Unless required for the disposition of ex parte matters specifically authorized by statute, no party to an adjudicative proceeding, no representative of a party, and no person who has a direct or indirect interest in the outcome of the proceeding or who presided at a previous stage of the proceeding, may communicate, directly or indirectly, in connection with any issue in that proceeding, while the proceeding is pending at either the initial adjudicative level or agency review level, with any person serving as presiding officer, or with any person or persons with authority to determine the outcome of such proceeding, or with any agency head who may eventually review the matter on behalf of the agency, without notice and opportunity for all parties to participate in the communication.

(5) If, before serving as presiding officer in an adjudicative proceeding, a person receives an ex parte communication of a type that could not properly be received while serving, the person, promptly after starting to serve, shall disclose the communication in the manner prescribed in subsection (6) of this section.

(6) A presiding officer or other person who receives an ex parte communication prohibited by this section shall place on the record of the pending matter all written communications received, all written responses to the communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom the presiding officer or other person received an ex parte communication, and shall serve notice on all parties that these matters have been placed on the record. Any party desiring to rebut the ex parte communication must be allowed to do so, upon requesting the opportunity for rebuttal within ten (10) days after service of notice of the communication and its substance.

(7) If necessary to eliminate the effect of an ex parte communication received in violation of this section, a presiding officer or other person who receives the communication may be disqualified and the portions of the record pertaining to the communication may be sealed by protective order.

(8) The agency shall, and any party may, report any willful violation of this section to appropriate authorities for any disciplinary proceedings provided by law. In addition, each agency by rule may provide for appropriate sanctions, including default, for any violations of this section.

SECTION 47. The following shall be codified as Section 25-43-4.215, Mississippi Code of 1972:

25-43-4.215. Separation of Functions.

(1) A person who has served as investigator, prosecutor or advocate in an adjudicative proceeding or in its preadjudicative stage may not serve as presiding officer or assist or advise a presiding officer in the same proceeding.

(2) A person who is subject to the authority or direction, of one who has served as investigator, prosecutor, or advocate in an adjudicative proceeding or in its preadjudicative stage may not serve as presiding officer or assist or advise a presiding officer in the same proceeding.

(3) A person who has participated in a determination of probable cause or other equivalent preliminary determination in an adjudicative proceeding may serve as presiding officer or assist or advise a presiding officer in the same proceeding, unless a party demonstrates grounds for disqualification in accordance with Section 25-43-4.202.

(4) A person may serve as presiding officer at successive stages of the same adjudicative proceeding, unless a party demonstrates grounds for disqualification in accordance with Section 25-43-4.202.

SECTION 48. The following shall be codified as Section 25-43-4.216, Mississippi Code of 1972:

25-43-4.216. Final Order; Initial Order.

(1) If the presiding officer is the agency head, the presiding officer shall issue a final order.

(2) If the presiding officer is not the agency head, the presiding officer shall issue an initial order, which becomes a final order unless reviewed in accordance with Section 25-43-4.217.

(3) A final order or initial order must include, separately stated:

(a) Findings of fact,

(b) Conclusions of law,

(c) Reasoned application of law to facts, and

(d) Policy reasons for the decision if it is an exercise of the agency's discretion, for all aspects of the order, including the remedy prescribed and, if applicable, the action taken on a motion for stay of effectiveness. Findings of fact, if set forth in language that is no more than mere repetition or paraphrase of the relevant provision of law, must be accompanied by a concise and explicit statement of the underlying facts of record to support the findings. The order must also include a statement of the available procedures and time limits for seeking reconsideration or other administrative relief. An initial order must include a statement of any circumstances under which the initial order, without further notice, may become a final order.

(4) Findings of fact must be based on the evidence of record in the adjudicative proceeding and on matters officially noticed in that proceeding. Findings may be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their serious affairs and may be based on such evidence even if it would be inadmissible in a civil trial. The presiding officer may utilize his experience, technical competence, and specialized knowledge in evaluating evidence. The presiding officer should consider the legislative facts and policy judgments underlying and justifying the rule of law that is applicable to the issues at the hearing.

(5) If a person serving or designated to serve as presiding officer becomes unavailable, for any reason, before issuance of the final order or initial order, a substitute presiding officer must be appointed as provided in Section 25-43-4.202. The substitute presiding officer shall use any existing record and may conduct any further proceedings appropriate in the interests of justice.

(6) The presiding officer may allow the parties a designated amount of time after conclusion of the hearing for the submission of proposed findings and conclusions.

(7) A final order or initial order pursuant to this section must be issued in writing within ninety (90) days after conclusion of the hearing or after submission of proposed findings in accordance with subsection (6) of this section unless this period is waived or extended with the written consent of all parties or for good cause shown.

(8) The presiding officer shall serve copies of the final order or initial order on each party and on the agency head. The presiding officer may direct the agency to serve the final order or initial order.

SECTION 49. The following shall be codified as Section 25-43-4.217, Mississippi Code of 1972:

25-43-4.217. Review of Initial Order; Exceptions to Reviewability.

(1) The agency head, upon its own motion may, and upon motion by any party for review by the agency head shall, review an initial order, except to the extent that:

(a) A provision of law precludes or limits agency review of the initial order; or

(b) The agency head, in the exercise of discretion conferred by a provision of law,

(i) Determines to review some but not all issues, or not to exercise any review,

(ii) Delegates its authority to review the initial order to one or more persons, or

(iii) Authorizes one or more persons to review the initial order, subject to further review by the agency head.

(2) A motion for review from an initial order must be filed with the agency head, or with any person designated for this purpose by rule of the agency, and served on all parties within twenty (20) days after issuance of the initial order. If the agency head on its own motion decides to review an initial order, the agency head shall serve on all parties notice of its intention to review the initial order within twenty (20) days after its issuance.

(3) The twenty (20) day period for a party to file a motion for review by the agency head or for the agency head to serve notice of its intention to review an initial order on the agency head's own motion is tolled by the filing of a timely motion for reconsideration of the initial order pursuant to Section 25-43-4.219, and a new twenty-day period starts to run upon disposition of the motion for reconsideration. If an initial order is subject both to a timely motion for reconsideration and to a motion for review or to review by the agency head on its own motion, the motion for reconsideration must be disposed of first, unless the agency head determines that action on the motion for reconsideration has been unreasonably delayed.

(4) A party filing a motion for agency review must state its basis within the motion. If the agency head on its own motion serves notice of its intent to review an initial order, the agency head shall identify the issues that it intends to review.

(5) The reviewing officer, the agency head or other appropriate presiding officer for the review of an initial order, shall exercise all the decision-making power that the presiding officer would have had to issue a final order had the presiding officer presided over the hearing, except to the extent that the issues subject to review are limited by a provision of law or by the agency head or other presiding officer upon notice to all parties.

(6) The reviewing officer, the agency head or other presiding officer reviewing the matter, shall afford each party an opportunity to present written briefs and may afford each party an opportunity to present oral argument. The reviewing officer in his discretion may allow supplemental briefs and briefs in the nature of amicus curiae briefs.

(7) Before issuing a final order, the agency head or other reviewing officer may cause a transcript to be prepared, at the agency's expense, of such portions of the proceeding under review as the agency head or reviewing officer considers necessary.

(8) The agency head or other reviewing officer may issue a final order disposing of the proceeding or may remand the matter for further proceedings with instructions to the presiding officer who issued the initial order. Upon remanding a matter, the agency head or other presiding officer reviewing the matter may order such temporary relief as may be authorized and appropriate.

(9) A final order or an order remanding the matter for further proceedings must be issued in writing within sixty (60) days after service of the last brief or oral argument, if any, whichever is later, unless that period is waived or extended with the written consent of all parties or for good cause shown.

(10) A final order or an order remanding the matter for further proceedings under this section must identify any difference between this order and the initial order and must include, or incorporate by express reference to the initial order, all the matters required by Section 25-43-216(c).

(11) Upon remand, the presiding officer shall issue in writing an initial order resolving the matter on remand within sixty (60) days after service of the order of remand, unless this period is waived or extended with the written consent of all of the parties or for good cause shown.

(12) The agency head or other presiding officer reviewing the matter shall serve copies of the final order or order remanding the matter for further proceedings on each party and, if issued by other presiding officer, on the agency head.

SECTION 50. The following shall be codified as Section 25-43-4.218, Mississippi Code of 1972:

25-43-4.218. Stay.

(1) Except as otherwise provided by law, no action for enforcement of a final order may be taken until the expiration of ten (10) days after the later of (1) the issuance of the order or (2) the issuance of the final disposition of a motion made under Section 25-43-4.219.

(2) A party may move for a stay of effectiveness of an initial or final order within ten (10) days after its issuance unless otherwise provided by statute or stated in the initial or final order. The agency head or other presiding officer may take action on the motion for stay, either before or after the effective date of the initial or final order, and, if the stay is granted, provide appropriate terms that must be satisfied before the stay becomes effective.

SECTION 51. The following shall be codified as Section 25-43-4.219, Mississippi Code of 1972:

25-43-4.219. Alteration; Amendment; Reconsideration.

Unless otherwise provided by statute or rule:

(a) Any party, within twenty (20) days after issuance of an initial order or final order, may move for alteration, amendment, or reconsideration of the order, in whole or in part, stating the specific grounds upon which relief is requested. The filing of the motion is not a prerequisite for seeking administrative or judicial review.

(b) The motion must be disposed of by the same person or persons who issued the initial order or final order, if available.

(c) The agency head or presiding officer that issued the initial order or final order shall issue a written order denying the motion; granting the motion and altering, amending, or otherwise modifying the initial order or final order; or granting the motion and setting the matter for further proceedings. The motion may be granted, in whole or in part, only if the agency head or other presiding officer states, in the written order, findings of fact, conclusions of law, reasoned application of law to fact, and policy reasons for the decision if it is an exercise of the agency's discretion, to justify the order. The motion is deemed to have been denied if the agency head or other presiding officer does not serve an order disposing of it within twenty (20) days after the filing of the motion.

SECTION 52. The following shall be codified as Section 25-43-4.220, Mississippi Code of 1972:

25-43-4.220. Review by Superior Agency.

If, pursuant to statute, an agency may review the final order of another agency, the review is deemed to be a continuous proceeding as if before a single agency. The final order of the first agency is treated as an initial order, and the second agency functions as though it were reviewing an initial order in accordance with Section 25-43-4.217.

SECTION 53. The following shall be codified as Section 25-43-4.221, Mississippi Code of 1972:

25-43-4.221. Effectiveness of Orders.

(1) Unless a later date is stated in a final order or a stay is granted, a final order is effective twenty (20) days after issuance, but:

(a) A party may not be required to comply with a final order unless the party has been served with or otherwise has actual knowledge of the final order;

(b) A nonparty may not be required to comply with a final order unless the agency has made the final order available for public inspection and copying or the nonparty has actual knowledge of the final order.

(2) Unless a later date is stated in an initial order or a stay is granted, the time when an initial order becomes a final order in accordance with Section 25-43-4.216 is determined as follows:

(a) When the initial order is issued, if administrative review is unavailable;

(b) When the agency head issues an order stating, after a motion for review has been filed, that review will not be exercised, if discretion is available to make a determination to this effect; or

(c) Twenty (20) days after issuance of the initial order, if:

(i) No party has filed a motion for administrative review,

(ii) No party has filed a motion to alter, amend or reconsider the order, and

(iii) The agency head has not given written notice of its intention to exercise review.

(3) Unless a later date is stated in an initial order or a stay is granted, an initial order that becomes a final order in accordance with subsection (2) of this section and Section 25-43-4.216 is effective after becoming a final order, but:

(a) A party may not be required to comply with the final order unless the party has been served with or has actual knowledge of the initial order or of an order stating that review will not be exercised; and

(b) A nonparty may not be required to comply with the final order unless the agency has made the initial order available for public inspection and copying or the nonparty has actual knowledge of the initial order or of an order stating that review will not be exercised.

(4) This section does not preclude an agency from taking immediate action to protect the public interest in accordance with Section 25-43-4.601.

SECTION 54. The following shall be codified as Section 25-43-4.222, Mississippi Code of 1972:

25-43-4.222. Agency Record.

(1) An agency shall maintain an official record of each adjudicative proceeding under this part.

(2) The agency record consists of all matters received by the agency pertaining to the proceeding, which may include but are not limited to:

(a) Applications for adjudicative proceedings and amendments thereto;

(b) Notices of all proceedings;

(c) Any prehearing order;

(d) Any pleadings, motions, requests, and intermediate rulings;

(e) Evidence received or considered;

(f) A statement of matters officially noticed;

(g) Any public comment received by the agency;

(h) Any comment received by the agency from another agency, including federal agencies;

(i) Proffers of evidence and objections and rulings thereon;

(j) Proposed findings and conclusions, requested orders, and exceptions;

(k) The record prepared for the presiding officer at the hearing, together with any transcript of all or part of the hearing considered before final disposition of the proceeding;

(l) Staff memoranda, data or recommendations submitted to the presiding officer, unless prepared and submitted by personal assistants and not inconsistent with Section 25-43-4.214(3);

(m) Matters placed on the record after an ex parte communication;

(n) Any and all other matters filed with the agency by any person with the apparent purpose of affecting the outcome of the proceeding; and

(o) Any final order, initial order, or order of alteration, amendment or reconsideration.

(3) Except to the extent that this chapter or another statute provides otherwise, the agency record constitutes the exclusive basis for agency action in adjudicative proceedings under this part and for judicial review thereof.

(4) Upon appropriate and timely suggestion, the agency may require or permit subsequent corrections or additions to the agency record.

(5) Upon request and as may be required by law, on judicial review, civil enforcement or otherwise, the agency shall prepare the agency record. The agency has the exclusive responsibility to prepare and exclusive authority to certify the record or any part thereof, including but not limited to any transcript of proceedings, and the agency's certificate shall be accepted by the court and by any other agency.

(6) Subject to the limitations of this chapter, an agency may by rule provide the formal process for its preparation and certification of the agency record.

SECTION 55. The following shall be codified as Section 25-43-4.301, Mississippi Code of 1972:

25-43-4.301. Division of Independent Hearing Officers - Creation, Powers, Duties.

(1) There is created the Division of Independent Hearing Officers within the Executive Department of the government of the State of Mississippi, to be headed by a director appointed by the Governor by and with the consent of the Senate. The director shall be a lawyer who was licensed to practice law at least five (5) years prior to appointment and who is an active

member of The Mississippi Bar. The director shall receive an annual salary set by the Legislature.

(2) The Division of Independent Hearing Officers shall employ persons as necessary to service the needs of agencies for hearing officers to conduct adjudicative proceedings as required by this chapter or other provision of law. The division may employ persons as full-time employees of the division or as part-time employees of the division. The division may engage the services of persons on any other contractual basis. The director may serve as a hearing officer. The division will ordinarily provide hearing officers to preside at adjudicative proceedings only where requested by an agency and where an agency is an interested party to the proceedings and not merely a neutral arbiter with no significant stake in the outcome of the proceedings beyond an interest that the proceedings be promptly, efficiently, fairly, and justly administered.

(3) The Division of Independent Hearing Officers is authorized to hire persons with the following qualifications:

(a) Attorneys licensed to practice law for a minimum of five (5) years;

(b) Certified public accountants with a minimum of five (5) years of professional experience;

(c) Such other qualified professionals in areas other than law and accounting as needed by the agencies requiring the services of hearing officers whose services have been engaged or contracted for by the Division of Independent Hearing Officers.

(4) The persons whose services are engaged by the division to preside at adjudicative proceedings shall be known as hearing officers.

(5) The division may furnish hearing officers to any agency on a contractual basis and charge the agency reasonable fees for the services rendered. Any agency receiving the services of hearing officers provided by the division is authorized to pay the fees charged by the division.

(6) The division shall have authority:

(a) To further specify qualifications for hearing officers as the needs of agencies become known, to establish salaries for the hearing officers, procedures by which applicants will be considered for employment, and the manner in which public notice of vacancies in the staff of the division will be given;

(b) To enter into contracts with qualified persons who will serve as part-time hearing officers on such terms and conditions as may be appropriate and agreed upon subject to the provisions of this chapter;

(c) To establish procedures for agencies to request and for the director to assign hearing officers consistent with this chapter;

(d) To receive, consider and respond to agency needs for hearing officers with special education, training and experience in the area or field in which the agency is charged with regulatory and administrative responsibilities;

(e) To solicit and receive from agencies recommendations for individuals who may serve as hearing officers, part-time hearing officers or contract hearing officers;

(f) From time to time, to survey the agencies and a representative sampling of persons regulated by the respective agencies to discover the history, experience, current requirements and future needs of and for hearing officers in adjudicative proceedings and, with the cooperation of the agencies, to assess the professional quality, experience and performance of hearing officers;

(g) To establish internal procedures that apply only within the division and adopt forms consistent with this chapter, the model rules of procedure, and other provision of law, to govern the hearing officers and to assure their independence in the performance of their duties;

(h) To establish, implement and enforce policies and standards for the fair, speedy and cost-effective determination of each matter requiring an adjudicative proceeding under this chapter or other provision of law;

(i) To establish standards and procedures for the evaluation, training, promotion, and discipline of the hearing officers;

(j) To convene conferences, continuing legal, regulatory and administrative education programs and training seminars in the fields of administrative law, public regulation, and public administration;

(k) To participate in, and expend any funds available to it, to enable its hearing officers and other employees to participate in conferences in state and out of state for continuing legal, regulatory and administrative education and training, colleges, seminars and other programs;

(l) To maintain a library for use by the division, its employees, contractors, agencies and the public;

(m) To accept monies, gifts, grants, equipment or services from any public or private source and use those for any purpose authorized by this section;

(n) To cooperate with any individual or public agency, whether state or federal, or with any law school, school of political science, government, public administration, business or other similar school, public or private, to improve the quality of administrative law, public regulation and public administration in this state;

(o) To maintain records, compile statistics and otherwise gather and keep information reasonably necessary to maintain and enhance the quality of administrative law, public regulation and public administration in this state;

(p) To employ such personnel as may be necessary to carry out its duties and responsibilities;

(q) To engage such persons and acquire such equipment as may be reasonably necessary to record and preserve in any technically and practicably feasible manner all matters and proceedings had at any adjudicative hearing and to assist the agency in preparing the record under Section 25-43-4.222(5) and generally to facilitate the preparation of the agency record of any such proceeding for administrative review, judicial review, civil enforcement or other purposes;

(r) To purchase, lease or otherwise acquire the use of office space and equipment and maintain the same as may be reasonably necessary;

(s) To prepare an annual budget for the operation of the division, to make appropriate and timely requests for funding, and to administer and otherwise oversee the implementation of such funding requests and budget;

(t) To adopt rules to implement the powers and authorities conferred upon the division by law;

(u) To otherwise implement the provisions of this section and rules adopted under the authority of the division.

SECTION 56. The following shall be codified as Section 25-43-4.401, Mississippi Code of 1972:

25-43-4.401. Informal Adjudicative Hearing - Applicability.

(1) An agency may use an informal adjudicative hearing if its use in the circumstances does not violate any provision of law and the matter is entirely within one or more categories for which the agency by rule has adopted this part; however, those categories may include only the following:

(a) A matter in which there is no genuine issue of material fact; or

(b) A matter in which there is a genuine issue of material fact, if the matter involves only;

(i) A claim for unemployment compensation benefits within Title 71, Chapter 5, Article 11, Mississippi Code of 1972;

(ii) A disciplinary sanction against a prisoner;

(iii) A disciplinary sanction against a student which may involve expulsion from an academic institution or suspension for more than ten (10) days;

(iv) A disciplinary sanction against a public employee which does not involve discharge from employment or suspension for more than ten (10) days;

(v) A disciplinary sanction against a licensee which does not involve revocation, suspension, annulment, withdrawal, or amendment of a license or does not involve a potential penalty of more than Five Thousand Dollars ($5,000);

(vi) Revocation or suspension of a hunting, fishing, trapping or other similar license issued under Title 49, Chapter 7, Mississippi Code of 1972; or

(vii) Any other matter that involves an amount in controversy of not more than Five Thousand Dollars ($5,000);

(c) A matter in which all of the parties give their informed consent and agreement that an informal adjudicative hearing may be used.

(2) The agency may by rule adopt and implement this part.

SECTION 57. The following shall be codified as Section 25-43-4.402, Mississippi Code of 1972:

25-43-4.402. Informal Adjudicative Hearing - Procedures.

The procedures of this chapter pertaining to formal adjudicative hearings apply to an informal adjudicative hearing, except to the following extent:

(a) If a matter is initiated as an informal adjudicative hearing, no prehearing conference may be held.

(b) The provisions of Section 25-43-4.210 do not apply to informal adjudicative hearings insofar as those provisions authorize the issuance and enforcement of subpoenas and discovery orders, but do apply to informal adjudicative hearings insofar as those provisions authorize the presiding officer to issue protective orders at the request of any party or upon the presiding officer's motion.

(c) Sections 25-43-4.212(a), (b) and (c) and 25-43-4.213 do not apply; but,

(i) The presiding officer shall regulate the course of the proceedings,

(ii) Only the parties may testify and present exhibits or other evidence except that the presiding officer for good cause shown may allow others to testify and present exhibits or other evidence, and

(iii) The parties may comment on the issues.

SECTION 58. The following shall be codified as Section 25-43-4.403, Mississippi Code of 1972:

25-43-4.403. Informal Adjudicative Hearing - Proposed Proof.

(1) If the presiding officer has reason to believe that there are genuine issues of material fact, the presiding officer may require any party to state the identity of the witnesses or other sources through whom the party would propose to present proof if the proceeding were converted to a formal adjudicative hearing, but the presiding officer shall respect and enforce any provision of law providing privileges, including the deliberative process privilege, imposing confidentiality requirements or protecting privacy rights, trade secrets, and other similar interests, and may enter protective orders to those ends, except that the person for whose benefit any such provision of law has been made may waive that protection. Any party waives any privacy right or any other privilege, with the exception of the lawyer-client privilege as defined in the Mississippi Rules of Evidence, and the deliberative process privilege, with respect to evidence relevant to any issue, claim or defense the party asserts or puts in issue in the proceeding. The presiding officer may enter an appropriate protective order to prevent use or disclosure of such evidence outside the context of the adjudicative proceeding or judicial review thereof.

(2) If a party has reason to believe that essential facts must be obtained in order to permit an adequate presentation of the case, the party may inform the presiding officer regarding the general nature of the facts and the sources from whom the party would propose to obtain those facts if the proceeding were converted to a formal adjudicative hearing.

SECTION 59. The following shall be codified as Section 25-43-4.501, Mississippi Code of 1972:

25-43-4.501. Basic Adjudicative Proceedings - Applicability.

(1) An agency may use a basic adjudicative proceeding if its use in the circumstances does not violate any provision of law and the matter is entirely within one or more categories for which the agency by rule has adopted Sections 25-43-4.502 through 25-43-4.505; however, these categories may include only the following:

(a) A matter in which the protection of the public interest does not require the agency to serve notice and give an opportunity to participate to persons other than the parties;

(b) A disciplinary sanction against a student which does not involve expulsion from an academic institution or suspension for more than ten (10) days;

(c) A matter in which the amount in controversy is not more than One Hundred Dollars ($100.00);

(d) A reprimand, warning, disciplinary report, or other purely verbal sanction without continuing impact against a prisoner, student, public employee or a licensee;

(e) The denial of an application after the applicant has abandoned the application;

(f) The denial of an application for admission to an educational institution or for employment by an agency;

(g) The denial, in whole or in part, of an application if the applicant has an opportunity for administrative review in accordance with Section 25-43-4.503;

(h) A matter that, or tests;

(i) Any matter having only trivial potential impact upon the affected parties; or

(j) A matter in which all of the parties have given their informed consent and agreement that a basic adjudicative hearing may be used.

(2) An agency may by rule adopt and implement this part.

SECTION 60. The following shall be codified as Section 25-43-4.502, Mississippi Code of 1972:

25-43-4.502. Basic Adjudicative Proceedings - Procedures.

(1) The agency head, one or more members of the agency head, one or more hearing officers or administrative judges employed or appointed by the agency, or one or more hearing officers assigned by the Division of Independent Hearing Officers in accordance with Section 25-43-4.301, or any combination thereof, in the discretion of the agency head, may be the presiding officer. Unless prohibited by law, a person exercising authority over the matter is the presiding officer.

(2) If the proceeding involves a monetary matter or a reprimand, warning, disciplinary report, or other sanction:

(a) The presiding officer, before taking action, shall give each party an opportunity to be informed of the agency's view of the matter and to explain the party's view of the matter; and

(b) The presiding officer, at the time any unfavorable action is taken, shall give each party a brief statement of findings of fact, conclusions of law, and policy reasons for the decision if it is an exercise of the agency's discretion, to justify the action, and a notice of any available administrative review.

(3) The agency, by reasonable means, shall serve a copy of the order in a basic adjudicative proceeding on each party. The order must include at least a statement of the agency's action and a notice of any available administrative review.

(4) If after reasonable advance notice of a basic adjudicative hearing, a party fails to attend or participate in the hearing, the presiding officer may declare the party in default and enter a default order. The agency must promptly serve the default order on the party found in default. For good cause, the presiding officer may modify or rescind the default order.

(5) An agency may by rule provide for additional procedures for basic adjudicative proceedings, not inconsistent with this chapter or other provision of law.

SECTION 61. The following shall be codified as Section 25-43-4.503, Mississippi Code of 1972:

25-43-4.503. Administrative Review of Basic Adjudicative Proceedings - Applicability.

Unless prohibited by any provision of law, an agency, on its own motion, may conduct administrative review of an order resulting from basic adjudicative proceedings, and shall conduct this review upon the written request of a party if the agency receives the request within twenty (20) days after serving notice under section 25-5-4.502(3).

SECTION 62. The following shall be codified as Section 25-43-4.504, Mississippi Code of 1972:

25-43-4.504. Administrative Review of Basic Adjudicative Proceedings - Procedures.

Unless otherwise provided by statute or rule:

(a) An agency need not serve notification of the pendency of administrative review to any person who did not request the review, but the agency may not take any action on review less favorable to any party than the original order without giving that party notice and an opportunity to explain that party's view of the matter.

(b) The reviewing officer, in the discretion of the agency head, may be any person who could have presided at the basic adjudicative proceeding, but the reviewing officer must be one who is authorized to grant appropriate relief upon review.

(c) The reviewing officer shall give each party an opportunity to explain the party's view of the matter unless the party's view is apparent from the written materials in the file submitted to the reviewing officer. The reviewing officer shall make any inquiries necessary to ascertain whether the proceeding must be converted to an informal adjudicative hearing or a formal adjudicative hearing.

(d) The reviewing officer may issue an order disposing of the proceeding in any manner that was available to the presiding officer at the basic adjudicative proceeding, or the reviewing officer may remand the matter for further proceedings, with or without conversion to an informal adjudicative hearing or a formal adjudicative hearing.

(e) The order on review must be in writing, including a brief statement of reasons for the decision, and a notice of any further available administrative review.

(f) A request for administrative review is deemed to have been denied if the reviewing officer does not dispose of the matter or remand it for further proceedings within twenty (20) days after the request is submitted.

SECTION 63. The following shall be codified as Section 25-43-4.505, Mississippi Code of 1972:

25-43-4.505. Agency Record of Basic Adjudicative Proceedings and Administrative Review.

(1) The agency record consists of any documents regarding the matter that were considered or prepared by the presiding officer for the basic adjudicative proceeding or by the reviewing officer for any review. The agency shall maintain these documents as its official record.

(2) Unless otherwise required by a provision of law, the agency record need not constitute the exclusive basis for agency action in basic adjudicative proceedings or for judicial review thereof.

SECTION 64. The following shall be codified as Section 25-43-4.601, Mississippi Code of 1972:

25-43-4.601. Emergency Adjudicative Proceedings.

(1) An agency may use emergency adjudicative proceedings in a situation involving a clear and present danger to the public health, safety or welfare requiring immediate agency action. Subject to this chapter and other applicable law, an agency may provide by rule for the use of emergency adjudicative proceedings, including rules providing for the delegation of initial decision-making authority.

(2) Except as provided in subsection (3) of this section, an agency may take only such action as is necessary to prevent or avoid a clear and present danger to the public health, safety or welfare that justifies use of emergency adjudication.

(3) An agency may comply with more stringent immediate requirements of federal law or regulation or with any interstate compact.

(4) An agency may respect any party's due process right to reasonable advance notice and the opportunity to be heard.

(5) The agency shall issue an order, including a brief statement of findings of fact, conclusions of law, and policy reasons for the decision if it is an exercise of the agency's discretion, to justify the finding of a clear and present danger and the agency's decision to take the specific action.

(6) The agency shall give such notice as is practicable to persons who are required to comply with the order. The order is effective when served.

(7) After service of an order pursuant to this section, any person subject to the order may, upon the filing of a written request, require the agency to provide within three (3) days of filing the request an emergency hearing before a person or persons assigned by the Division of Independent Hearing Officers who shall hear the person subject to the order present any matter in objection to the order and who shall hear the agency on any matter in support and justification of the order. After hearing these matters, the hearing officer shall have authority to modify the order subject to the criteria of subsections (2) and (3) of this section.

(8) After issuing an order pursuant to this section, the agency shall treat the matter as a preference case and expedite the proceedings, as feasible, to complete any proceedings that would be required if the matter did not involve a clear and present danger.

(9) The agency record consists of any documents regarding the matter that were considered or prepared by the agency. The agency shall maintain these documents as its official record.

(10) Unless otherwise required by a provision of law, the agency record need not constitute the exclusive basis for agency action in emergency adjudicative proceedings or for judicial review thereof.

JUDICIAL REVIEW

SECTION 65. The following shall be codified as Section 25-43-5.101, Mississippi Code of 1972:

25-43-5.101. Relationship Between this chapter and Other Law on Judicial Review and Other Judicial Remedies.

(1) Except as provided in subsection (3),(4),(5) or (6) of this section, this chapter establishes the exclusive means of judicial review of agency action.

(2) Proceedings for judicial review shall be governed by the Mississippi Rules of Appellate Procedure. Any matter of practice or procedure respecting judicial review of agency action which is not addressed by the Mississippi Rules of Appellate Procedure shall be governed by this chapter.

(3) If the relief available under this chapter is not equal or substantially equivalent to the relief otherwise available under law, the relief otherwise available and the related procedures supersede and supplement this chapter to the extent reasonably necessary for their effectuation. The applicable provisions of this chapter and other law must be combined and harmonized to the extent reasonably practicable to govern a single proceeding or, if the court orders, two (2) or more separate proceedings, but no type of relief may be sought in a combined proceeding after expiration of the time limit for doing so.

(4) Proceedings for declaratory judgments and injunctive relief respecting agency action, where expressly allowed by a statute other than as contained in this chapter, shall be governed by the Mississippi Rules of Civil Procedure and other applicable law.

(5) Proceedings for extraordinary writs such as writs of mandamus and prohibition with regard to agency action may be brought only before the Supreme Court or the Court of Appeals. Such proceedings shall be governed by Mississippi Code, Title 11, Chapter 41, the Mississippi Rules of Appellate Procedure and other provisions of law. In a proceeding for judicial review a party, in addition or in the alternative, may seek an extraordinary writ.

(6) Upon the motion of a party, or upon the court's own motion, acting sua sponte, a proceeding for judicial review of agency action may be converted to an application for an extraordinary writ, and, conversely, an application for an extraordinary writ may be converted to a proceeding for judicial review. In the event of conversion, the converted action shall relate back to the time of the original action.

(7) Declaratory opinions issued pursuant to Section 25-43-2.103 are not subject to judicial review.

(8) "Party to judicial review or civil enforcement proceedings," or "party" in contexts so indicating, means:

(a) A person who files a notice of judicial review or a complaint for civil enforcement,

(b) A person named as a party in a proceeding for judicial review or civil enforcement or allowed to participate as a party in the proceeding,

(c) The agency in a proceeding for judicial review or civil enforcement.

SECTION 66. The following shall be codified as Section 25-43-5.102, Mississippi Code of 1972:

25-43-5.102. Final Agency Action Reviewable.

A person who qualifies under this chapter regarding (a) standing (Section 25-43-5.106), (b) exhaustion of administrative remedies (Section 25-43-5.107), and (c) time for filing the notice of judicial review (Section 25-43-5.108), and other applicable provisions of law regarding bond, compliance, and other preconditions, is entitled to judicial review of final agency action, whether or not the person has sought judicial review of any related nonfinal agency action.

SECTION 67. The following shall be codified as Section 25-43-5.103, Mississippi Code of 1972:

25-43-5.103. Nonfinal Agency Action Reviewable.

Except as provided in Sections 25-43-5.101(3), (4), (5) and (6), a person is entitled to judicial review of nonfinal agency action only if:

(a) It appears likely that the person will qualify under Section 25-43-5.102 for judicial review of the related final agency action;

(b) The person has applied to the agency for an order for judicial review of nonfinal agency action and the agency has granted or denied the application, provided that the agency ordinarily should give its reasons for granting or denying the application; and

(c) The criteria of the Mississippi Rules of Appellate Procedure respecting interlocutory appeals or of the Mississippi Rules of Civil Procedure respecting a judgment upon multiple claims or involving multiple parties are satisfied.

SECTION 68. The following shall be codified as Section 25-43-5.104, Mississippi Code of 1972:

25-43-5.104. Jurisdiction.

(1) Except as provided:

(a) In Title 77, in the case of judicial review of agency action of the Mississippi Public Service Commission,

(b) In Sections 71-5-529, 71-5-531, 71-5-533 in the case of judicial review of agency action of the Mississippi Employment Security Commission,

(c) In Sections 25-43-5.101(3), (4), (5) and (6), the Court of Appeals of the State of Mississippi has authority to conduct judicial review.

(2) If evidence is to be adduced in the court in accordance with Section 25-43-5.114(1), the court may remand the matter:

(a) To the agency with appropriate directions, or

(b) If the court determines in its sound discretion that the nature of one or more issues upon which new evidence may be taken is such that remand to the agency would be inappropriate, to a master as provided by the Mississippi Rules of Civil Procedure, provided that, in addition to the provisions of the Mississippi Rules of Civil Procedure,

(i) Any person eligible for appointment as a special judge under Section 9-1-105(6) is eligible for appointment as a master; or

(ii) The Division of Independent Hearing Officers may supply a person who becomes eligible for appointment as a master.

(3) Except as provided otherwise by this chapter or other statute, an agency retains jurisdiction as may be appropriate, convenient and otherwise necessary pending judicial review.

SECTION 69. The following shall be codified as Section 25-43-5.105, Mississippi Code of 1972:

25-43-5.105. Notice of Judicial Review; Relief Available.

(1) Except as provided in Title 77, and in Sections 71-5-529, 71-5-531, and 71-5-533, judicial review is initiated by filing a notice of judicial review in the Court of Appeals. Failure of a party initiating a proceeding for judicial review to take any step other than the timely filing of a notice of judicial review does not affect the perfection of the proceeding for judicial review, but is grounds only for such action as the court deems appropriate, which may include dismissal o the proceeding for judicial review.

(2) A party initiating a proceeding for judicial review may seek any type of relief available under Section 25-43-5.101(3), (4), (5) or (6) or 25-43-5.117 or other law.

SECTION 70. The following shall be codified as Section 25-43-5.106, Mississippi Code of 1972:

25-43-5.106. Standing.

(1) The following persons have standing to obtain judicial review of final or nonfinal agency action:

(a) A person to whom the agency action is specifically directed;

(b) A person who was a party to the agency proceedings that led to the agency action;

(c) If the agency action, review of which is sought, is a rule, a person subject to that rule or an association some of whose members are subject to that rule;

(d) A person eligible for standing under another provision of law; or

(e) A person otherwise aggrieved or adversely affected by the agency action or an association one or more of whose members are aggrieved or adversely affected by the agency action. For purposes of this paragraph, no person has standing as one otherwise aggrieved or adversely affected unless:

(i) The agency action has arguably affected or is arguably likely to affect that person;

(ii) That person's asserted interests are arguably among those that the agency was required to consider when it engaged in the agency action review of which is sought; and

(iii) A judgment in favor of that person may substantially eliminate or redress the arguable effect to or upon that person caused or arguably likely to be caused by the agency action.

(2) A claim that the decision in a proceeding for judicial review may be given precedential effect that may affect a person is, without more, insufficient grounds upon which the court may find that the person has standing. Even though he may lack standing, the person may apply for leave to file a brief as amicus curiae under the Mississippi Rules of Appellate Procedure.

(3) A claim (1) that he is a citizen, a voter or a taxpayer or (2) that he has an interest that the law be enforced is, without more, insufficient grounds upon which the court may find that a person has standing.

SECTION 71. The following shall be codified as Section 25-43-5.107, Mississippi Code of 1972:

25-43-5.107. Exhaustion of Administrative Remedies.

A person may file a notice of judicial review under this chapter only after exhausting all administrative remedies available within the agency review of whose action is being sought and within any other agency authorized to exercise administrative review, but:

(a) A person seeking judicial review of a rule need not have participated in the rule-making proceeding upon which that rule is based, or have moved for its amendment or repeal;

(b) A person seeking judicial review need not exhaust administrative remedies to the extent that this chapter or any other law provides that exhaustion is not required; or

(c) The court may relieve a person seeking judicial review of the requirement to exhaust any or all administrative remedies, to the extent that the administrative remedies are inadequate, or requiring their exhaustion would result in irreparable harm disproportionate to the public benefit derived from requiring exhaustion.

SECTION 72. The following shall be codified as Section 25-43-5.108, Mississippi Code of 1972:

25-43-5.108. Time for Filing Notice of Judicial Review.

Subject to other requirements of this chapter or of any other law:

(a) A notice of judicial review of a rule may be filed at any time, except as limited by Section 25-43-3.113(2).

(b) A notice of judicial review of an order is not timely unless filed within thirty (30) days after issuance of the written order by a person authorized to act for the agency.

(c) The time for filing notice of judicial review is extended during the pendency of the person's timely attempts to exhaust administrative remedies.

SECTION 73. The following shall be codified as Section 25-43-5.109, Mississippi Code of 1972:

25-43-5.109. Notice of Judicial Review - Filing and Contents.

(1) Except as provided in Title 77, and in Sections 71-5-529, 71-5-31, and 71-5-533, a notice of judicial review must be filed with the clerk of the Court of Appeals, who is the clerk of the Supreme Court.

(2) A notice of judicial review should set forth:

(a) The name and mailing address of each person seeking judicial review;

(b) The name and mailing address of the agency whose action is at issue;

(c) Identification of the agency action at issue, together with a duplicate copy, summary or brief description of the agency action;

(d) Identification of persons who were parties to, or persons who participated in, any adjudicative proceedings that led to the agency action.

(3) A notice of judicial review in substantial compliance with the requirements of subsection (2) of this section may not be dismissed for failure of complete compliance. Judicial review shall not be denied for informality of form or title of the notice of judicial review.

SECTION 74. The following shall be codified as Section 25-43-5.110, Mississippi Code of 1972:

25-43-5.110. Notice of Judicial Review - Service and Notification.

A person filing a notice of judicial review shall, contemporaneously therewith, serve a copy of the notice in the manner provided for service of papers by Section 25-43-4.108 respecting service:

(a) Upon the agency review of whose action is sought; and

(b) Upon all other parties to, or persons who participated in, any adjudicative proceedings that led to the agency action.

SECTION 75. The following shall be codified as Section 25-43-5.111, Mississippi Code of 1972:

25-43-5.111. Stay and Other Temporary Remedies Pending Final Disposition.

(1) Unless otherwise provided by law or by order of the court for good cause shown, no proceedings for enforcement of final agency action ordering monetary payment may be taken until the expiration of thirty (30) days after (a) the final agency action is taken or (b) the disposition of a motion for reconsideration of the final agency action made under Section 25-43-4.219, whichever last occurs.

(2) Unless otherwise provided by law, the agency may grant a stay on appropriate terms or other temporary remedies during the pendency of judicial review.

(3) A party may move the court, during the pendency of judicial review, for interlocutory review of the agency's action on an application for stay or other temporary remedies.

(4) If the agency has found that its action on an application for stay or other temporary remedies is justified to protect against a clear and present threat to the public health, safety, or welfare, the court may not grant relief unless it finds that:

(a) The applicant is likely to prevail when the court finally disposes of the matter;

(b) Without relief the applicant will suffer irreparable injury;

(c) The grant of relief to the applicant will not substantially harm other parties to the proceedings; and

(d) The threat to the public health, safety or welfare relied on by the agency is not sufficiently serious to justify the agency's action in the circumstances.

(5) If subsection (4) of this section does not apply, the court shall grant relief if it finds that the agency's action on the application for stay or the terms thereof or other temporary remedies was unreasonable in the circumstances.

(6) If the court determines that relief should be granted from the agency's action on an application for stay or other temporary remedies, the court may remand the matter to the agency with directions to deny a stay, to grant a stay on appropriate terms, or to grant other temporary remedies, or the court may issue an order denying a stay, granting a stay on appropriate terms, or granting other temporary remedies.

SECTION 76. The following shall be codified as Section 25-43-5.112, Mississippi Code of 1972:

25-43-5.112. Limitation on New Issues.

(1) A person may obtain judicial review of an issue that was not raised before the agency, only to the extent that:

(a) The agency did not have jurisdiction to grant an adequate remedy based on a determination of the issue; and

(b) The agency action subject to judicial review is a rule, and the person has not been a party in adjudicative proceedings that provided an adequate opportunity to raise the issue.

(2) The court may notice plain error as in other cases.

SECTION 77. The following shall be codified as Section 25-43-5.113, Mississippi Code of 1972:

25-43-5.113. Judicial Review of Facts Confined to Record for Judicial Review and Additional Evidence Taken Pursuant to Act.

Judicial review of disputed issues of fact must be confined to the agency record for judicial review as defined in this chapter, supplemented by additional evidence taken pursuant to this chapter or judicially noticed consistent with Section 25-43-4.213(7).

SECTION 78. The following shall be codified as Section 25-43-5.114, Mississippi Code of 1972:

25-43-5.114. New Evidence Taken by Court or Agency Before Final Disposition.

(1) The court, in its discretion assisted by the agency or by a master as provided in Section 25-43-5.104(2), may receive evidence, in addition to that contained in the agency record for judicial review, only if it relates to the validity of the agency action at the time it was taken and is needed to decide disputed issues regarding:

(a) Improper constitution as a decision-making body, or improper motive or behavior on grounds for disqualification, of those taking the agency action;

(b) The apparent reliance by the agency taking the agency action on facts or evidence not included in the record;

(c) Unlawfulness of procedure or of decision-making process;

(d) A failure by the agency to explain its action where such failure may frustrate judicial review;

(e) The explanation of technical terms or complex subjects;

(f) The apparent failure of the agency to consider adequately some reasonable alternative to the agency action; or

(g) Any material fact that was not required by any provision of law to be determined exclusively on an agency record of a type reasonably suitable for judicial review.

(2) The court may remand a matter to the agency or a master, before final disposition of a proceeding for judicial review, with directions that the agency conduct fact-finding and other proceedings the court considers necessary, within such time limits as the court may prescribe, and that the agency or a master take such further action on the basis thereof as the court directs, if:

(a) The agency was required by this chapter or any other provision of law to base its action on a record of a type reasonably suitable for judicial review, but the agency failed to prepare or preserve an adequate record;

(b) The court finds that (i) new evidence has become available that relates to the validity of the agency action at the time it was taken, that one or more of the parties did not know and was under no duty to discover, or did not know and was under a duty to discover but could not reasonably have discovered, until after the agency action, and (ii) the interests of justice would be served by remand to the agency;

(c) The agency improperly excluded or omitted evidence from the record; or

(d) A relevant provision of law changed after the agency action and the court determines that the new provision may control the outcome.

(3) The court may take judicial notice of adjudicative facts consistent with the Mississippi Rules of Evidence and Section 25-43-4.213(g).

SECTION 79. The following shall be codified as Section 25-43-5.115, Mississippi Code of 1972:

25-43-5.115. Agency Record for Judicial Review - Contents, Preparation, Transmittal, Cost.

(1) In the event of judicial review of agency action, the agency shall have full and exclusive authority and responsibility of preparing the agency record and certifying the agency record to the court. Subject only to the limitations of this part, an agency may by rule provide the formal process for its preparation and certification of the agency record.

(2) Within thirty (30) days after service of notice of judicial review, or within further time allowed by the court or by other provision of law, the agency shall transmit to the clerk of the Court of Appeals the agency record certified by the agency for judicial review of the agency action, consisting of any agency documents expressing the agency action, other documents identified by the agency as having been considered by it before its action and used as a basis for its action, and any other material described in this chapter as the agency record for the type of agency action at issue, subject to the provisions of this section.

(3) If part of the record has been preserved without a transcript, the agency shall prepare a transcript for inclusion in the record transmitted to the court, except for portions that the parties stipulate to omit in accordance with subsection (5) of this section. The word "transcript" includes a written transcript, a printed transcript, and an audible audiotape or videotape that is indexed and annotated so that it is readily accessible.

(4) The agency may charge the person filing the notice of judicial review with the reasonable cost of preparing the record and any necessary copies and transcripts for transmittal to the court. A failure by the person seeking judicial review to pay any of this cost to the agency does not relieve the agency from the responsibility for timely preparation of the record, including any transcript and transmittal to the court. The agency may set criteria and terms for payment of costs of the record. The agency may by rule implement and elaborate this subsection.

(5) By stipulation of all parties to the review proceedings, the record may be shortened, summarized, supplemented or organized.

(6) The court may tax the cost of preparing transcripts and copies for the record:

(a) Against a party who unreasonably refuses to stipulate to shorten, summarize, or organize the record;

(b) As provided by Section 25-43-5.117; or

(c) In accordance with any other provision of law.

(7) Additions to the record pursuant to Section 25-43-5.114 must be made as ordered by the court.

(8) The court may require or permit subsequent corrections or additions to the record.

SECTION 80. The following shall be codified as Section 25-43-5.116, Mississippi Code of 1972:

25-43-5.116. Scope of Review; Grounds for Invalidity.

(1) Except to the extent that this chapter provides otherwise:

(a) The burden of demonstrating the invalidity of agency action is on the party asserting invalidity; and

(b) The validity of agency action must be determined in accordance with the standards of review provided in this section, as applied to the agency action at the time it was taken.

(2) The court should make a separate and distinct ruling on each material issue on which the court's decision is based.

(3) The court shall grant relief from agency action only if it determines that a person seeking judicial relief may have been prejudiced by any one or more of the following:

(a) The agency action, or the law on which the agency action is based, is unconstitutional on its face or as applied.

(b) The agency has acted beyond the jurisdiction conferred by any provision of law.

(c) The agency has not decided all issues requiring resolution.

(d) The agency has erroneously interpreted or applied or failed to apply the law.

(e) The agency has engaged in an unlawful procedure or decision-making process, or has failed to follow prescribed procedure.

(f) The persons taking the agency action were not constituted as a decision-making body as required by law, were motivated by an improper purpose, or were subject to disqualification.

(g) The agency action is based on a determination of fact, made or implied by the agency, that is not supported by evidence that is substantial when viewed in light of the whole record before the court, which includes the agency record for judicial review, supplemented by any additional evidence received or noticed by the court under this chapter.

(h) The agency action is:

(i) Outside the range of discretion delegated to the agency law;

(ii) Agency action, other than a rule, that is inconsistent with a rule of the agency;

(iii) Agency action, other than a rule, that is inconsistent with the agency's prior practice unless the agency justifies the inconsistency by stating facts and reasons to demonstrate a fair and rational basis for the inconsistency; or

(iv) Otherwise unreasonable, arbitrary or capricious.

(4) In performing its review under subsection (3) of this section, the court shall give substantial deference to the view of the agency with respect to particular matters that have been vested by a law within the discretion of the agency.

SECTION 81. The following shall be codified as Section 25-43-5.117, Mississippi Code of 1972:

25-43-5.117. Type of Relief.

(1) The court may award damages or compensation only to the extent expressly authorized by another provision of law.

(2) The court may grant other appropriate relief, whether mandatory, prohibitory, injunctive or declaratory; preliminary or final; temporary or permanent; equitable or legal. In granting relief, the court may order agency action required by law, order agency exercise of discretion required by law, set aside or modify agency action, enjoin or stay the effectiveness of agency action, remand the matter for further proceedings, issue a declaratory judgment or take any other action that is authorized and appropriate.

(3) The court may also grant necessary and ancillary relief to redress the effects of agency action wrongfully taken or withheld, but the court may award attorney's fees or witness fees only to the extent authorized by other law.

(4) If the court sets aside or modifies agency action or remands the matter to the agency for further proceedings, the court may make any interlocutory order it finds necessary to preserve or protect the interests of the parties and the public pending further proceedings or agency action.

SECTION 82. The following shall be codified as Section 25-43-5.118, Mississippi Code of 1972:

25-43-5.118. Decisions of Court of Appeals Reviewable by Writ of Certiorari.

Decisions on proceedings for judicial review of agency action made in the Court of Appeals are subject to review in the Supreme Court as provided by the Mississippi Rules of Appellate Procedure.

SECTION 83. The following shall be codified as Section 25-43-5.119, Mississippi Code of 1972:

25-43-5.119. Filed Rate Doctrine.

(1) If a person offering a service to the public:

(a) Is required by law to file with an agency to whose regulatory jurisdiction the person is subject a rate or tariff or the terms or conditions for the provision of that service, and

(b) Has filed with the agency a rate or tariff or the terms or conditions relating in any way to the provision of the service, and the agency has accepted the filing and has not disapproved the filing within the time allowed by law, and the time for judicial review of the agency action in approving or in failing to disapprove the filing has expired, the filing is final and in full force and effect for the period of time provided by law.

(2) A rate or tariff or terms or conditions that have become final, either in the manner described in subsection (1) of this section or as a result of being lawfully ordered into effect by the agency, may be subject to review and reconsideration by the agency prospectively only and as provided by another provision of law.

(3) In the case of a rate or tariff or the terms or conditions for the provision of a service that have become final, in the manner described in subsection (1) or (2) of this section, a claim by the agency or by any other person that the rate or tariff or terms or conditions are invalid or unenforceable for any of the grounds set forth in Section 25-43-5.116(3)(b), (c), (d), (e), (f), (g) or (h) may be made only in the form of a request that the agency, acting prospectively only, review and reconsider the filing as provided by another provision of law.

(4) The acts or omissions of a person in the provision of a service pursuant to a filed rate or tariff, or terms or conditions that have become final in the manner described in subsection (1) or (2) of this section shall be subject to judicial review, civil enforcement or collateral attack only on grounds:

(a) (i) The rate or tariff or terms or conditions, or (ii) the agency action in approving or in failing to disapprove the rate or tariff or terms, conditions or provisions, or (iii) the law on which the agency action is based, is unconstitutional on its face or as applied; or

(b) The person has deviated from the filed rate tariff or terms or conditions in the provision of the service.

SECTION 84. The following shall be codified as Section 25-43-5.201, Mississippi Code of 1972:

25-43-5.201. Complaint by Agency for Civil Enforcement of Rule or Order.

(1) In addition to other remedies provided by law:

(a) An agency may seek enforcement of its rule or order, including a subpoena or other order compelling the testimony of persons, the production of documents or other discovery, by filing a complaint for civil enforcement in the chancery court.

(b) The complaint must name, as defendants, each person against whom the agency seeks to obtain civil enforcement.

(c) Venue is determined as in other civil cases.

(d) A complaint for civil enforcement filed by an agency may request, and the court may grant, declaratory relief, temporary or permanent injunctive relief, any penalty, sanction or other civil remedy provided by law or any combination of the foregoing.

(2) In the case of an order, and in addition to other remedies provided by law:

(a) A copy of a written order certified by the agency may be filed in the office of the circuit clerk of any county in this state. The circuit clerk shall enroll the order in the judgment roll and shall otherwise treat the order in the same manner as a judgment of the circuit court of any county in this state. An order so filed and enrolled has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of a circuit court of any county in this state and may be enforced or satisfied in like manner.

(b) At the time of the filing of the order with the circuit clerk, the agency, party or person filing same shall serve notice of the filing upon each party or person against whom enforcement is sought in the manner provided for service of papers in a civil action by the Mississippi Rules of Civil Procedure.

SECTION 85. The following shall be codified as Section 25-43-5.202, Mississippi Code of 1972:

25-43-5.202. Complaint by Qualified Person for Civil Enforcement of Agency's Order.

(1) Any person who would qualify under this chapter as having standing to seek judicial review of an agency's failure to enforce its order may file a complaint for civil enforcement of that order in the chancery court, but the action may not be commenced:

(a) Until at least thirty (30) days after the person has given notice of the alleged violation or failure and of the person's intent to seek civil enforcement to the agency head of the agency that issued the order, to the Attorney General, and to each person against whom the person filing the complaint seeks civil enforcement;

(b) If the agency has filed and is diligently prosecuting a complaint for civil enforcement of the same order against the same defendant or defendants; provided, however, that the person may move to intervene in the pending civil enforcement proceeding as provided by the Mississippi Rules of Civil Procedure; or

(c) If a notice of judicial review of the same order has been filed and is pending in court; provided, however, that the person may move to intervene in the pending judicial review proceeding if the person has standing under Section 25-43-5.106 or as provided by the Mississippi Rules of Appellate Procedure;

(2) The complaint must name, as defendants, the agency whose order is sought to be enforced and each person against whom the person filing the complaint seeks civil enforcement. The court may realign the parties as may be appropriate.

(3) The agency whose order is sought to be enforced may move to dismiss on the grounds that the complaint fails to qualify under this section or that enforcement would be contrary to the lawful policy of the agency. The court shall grant the motion to dismiss unless the person filing the complaint demonstrates that (i) the complaint qualifies under this section and (ii) the agency's failure to enforce its order is based on an exercise of discretion that is improper on one or more of the grounds provided in Section 25-43-5.116(3)(h).

(4) Except to the extent authorized by law, a complaint for civil enforcement filed under this part may not request, and the court may not grant, any monetary relief or require any monetary payment apart from taxable costs.

SECTION 86. The following shall be codified as Section 25-43-5.203, Mississippi Code of 1972:

25-43-5.203. Defenses; Limitation on New Issues and New Evidence.

(1) A defendant, who would be qualified under Sections 25-43-5.106, 25-43-5.107 and 25-43-5.108 to do so in a proceeding for judicial review, may assert, in a proceeding for civil enforcement:

(a) That the rule or order sought to be enforced is invalid on any of the grounds stated in Section 25-43-5.116(3) and (4). If that defense is raised, the court may consider issues and receive evidence only within the limitations provided by Sections 25-43-5.112, 25-43-5.113 and 25-43-5.114; and

(b) Any of the following defenses on which the court, to the extent necessary for the determination of the matter, may take new evidence:

(i) The rule or order does not apply to the party;

(ii) The party has not violated the rule or order;

(iii) The party has violated the rule or order but has subsequently complied, but a party who establishes this defense is not necessarily relieved from any sanction provided by law for past violations; or

(iv) Other defenses, if any, allowed by law.

(2) Except as expressly provided in this section, a defendant may not assert as a defense in a proceeding for civil enforcement any fact or issue that the defendant had an opportunity to assert before the agency or a court on judicial review and did not, or upon which the final determination of the agency or court on judicial review was adverse to the defendant.

SECTION 87. The following shall be codified as Section 25-43-5.204, Mississippi Code of 1972:

25-43-5.204. Rules of Practice, Procedure and Evidence; Incorporation of Certain Provisions on Judicial Review.

Proceedings for civil enforcement are governed by:

(a) The Mississippi Rules of Civil Procedure;

(b) The Mississippi Rules of Evidence;

(c) Any other valid and applicable rule of practice or procedure; and

(d) Unless inconsistent with a rule or rules by its terms applicable to such proceedings, the provisions of this chapter.

SECTION 88. The following shall be codified as Section 25-43-5.205, Mississippi Code of 1972:

25-43-5.205. Review by Supreme Court.

Judgments and orders on complaints for civil enforcement are reviewable by the Supreme Court, and/or by the Court of Appeals, as in other civil cases.

SECTION 89. Section 5-8-17, Mississippi Code of 1972, is amended as follows:

5-8-17. (1) In addition to any other penalty permitted by law, the Secretary of State shall require any person who fails to file a report as required under Sections 5-8-1 through 5-8-19 of this chapter, or who shall file a report which fails to comply with the material particulars of Sections 5-8-1 through 5-8-19 of this chapter or any rules, regulations or procedures implemented pursuant to Sections 5-8-1 through 5-8-19 of this chapter, to be assessed a civil penalty as follows:

(a) Within five (5) calendar days after any deadline for filing a report pursuant to Sections 5-8-1 through 5-8-19 of this chapter, the Secretary of State shall compile a list of those lobbyists and lobbyists' clients who have failed to file a required report. The Secretary of State shall provide each lobbyist or lobbyist's client who has failed to file such a report notice of such failure by certified mail.

(b) Beginning with the tenth calendar day after which any report shall be due, the Secretary of State shall assess the delinquent lobbyist and delinquent lobbyist's client a civil penalty of Fifty Dollars ($50.00) per day and part of any day until a valid report is delivered to the Secretary of State, up to a maximum of ten (10) days. However, in the discretion of the Secretary of State, the assessing of such fine may be waived if the Secretary of State shall determine that unforeseeable mitigating circumstances, such as the health of the lobbyist, shall interfere with timely filing of a required report.

(c) Filing of the required report and payment of the fine within ten (10) calendar days of notice by the Secretary of State that a required statement has not been filed constitutes compliance with Sections 5-8-1 through 5-8-19 of this chapter.

(d) Payment of the fine without filing the required report does not in any way excuse or exempt any person required to file from the filing requirements of Sections 5-8-1 through 5-8-19 of this chapter.

(2) (a) Upon the sworn application of a lobbyist or lobbyist's client against whom a civil penalty has been assessed pursuant to subsection (1), the Secretary of State shall forward the application to the Mississippi Ethics Commission. The commission shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 and shall cause a written notice specifying the civil penalties that have been assessed against the lobbyist or lobbyist's client and notice of the time and place of the hearing to be served upon the lobbyist or lobbyist's client at least twenty (20) calendar days prior to the hearing date. * * *

(3) * * * The right to judicial review of the decision of the commission in an adjudicative proceeding concerning the assessment of civil penalties authorized pursuant to this section is hereby granted. Such judicial review shall be in accordance with the Mississippi Administrative Procedure Law of 1999. The person perfecting judicial review shall file a bond in the sum of Two Hundred Dollars ($200.00), conditioned that if the decision of the commission be affirmed by the court, the lobbyist or lobbyist's client will pay the costs of the appeal and the action in court. If the decision is reversed by the court, the Secretary of State will pay the costs of the appeal and the action in court. In the event of judicial review, the order of the commission should be stayed pending review.

(4) If, after forty-five (45) calendar days of the date of the commencement of the adjudicative proceeding, the lobbyist or lobbyist's client shall not file a valid report as required by law, the commission shall notify the Attorney General of the delinquency. The Attorney General shall investigate said offense in accordance with the provisions of this chapter.

SECTION 90. Section 7-17-5, Mississippi Code of 1972, is amended as follows:

7-17-5. (1) Effective July 1, 1989, all employees of any agency abolished or affected by the Mississippi Executive Reorganization Act of 1989 [Laws, 1989, Chapter 544] shall be transferred according to the merger of their duties by the Mississippi Executive Reorganization Act of 1989 [Laws, 1989, Chapter 544]. All personnel actions initiated as a result of the Mississippi Executive Reorganization Act of 1989 [Laws, 1989, Chapter 544] shall be subject to State Personnel Board procedures.

(2) The executive director of any agency of State Government as defined in Section 25-9-107(d) shall have the authority to employ staff and to expend funds authorized to the agency for the performance of the duties and responsibilities accorded to the agency by the laws of the State of Mississippi.

(3) All records, personnel, property and unexpended balances of appropriations, allocations or other funds of any agency or department abolished or affected by the Mississippi Executive Reorganization Act of 1989 [Laws, 1989, Chapter 544] shall be transferred to the appropriate agency according to the merger of their functions under the Mississippi Executive Reorganization Act of 1989 [Laws, 1989, Chapter 544].

(4) The executive directors of agencies shall determine which employees shall be bonded, set the amount of bond, which shall be made by a surety company approved by the Secretary of State and the premiums paid as other expenses of administering the Mississippi Executive Reorganization Act of 1989 [Laws, 1989, Chapter 544].

(5) The executive director of any agency, where permitted by the rules, regulations and policies of the board, commission or authority of the agency, if any, shall also have authority to:

(a) Accept on behalf of the state gifts, trusts, bequests, grants, endowments, or transfers of property of any kind to be used for the sole benefit of the state;

(b) Use and expend funds coming to the agency from state, federal and private sources;

(c) Establish such rules and regulations as may be necessary in carrying out the provisions of the Mississippi Executive Reorganization Act of 1989 [Laws, 1989, Chapter 544];

(d) Formulate and administer policies of their respective agencies;

(e) Coordinate, supervise and direct all administrative and technical activities of the agency;

(f) Enter into contracts, grants and cooperative agreements with any federal or state agency, department or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with the carrying out of the provisions of the Mississippi Executive Reorganization Act of 1989 [Laws, 1989, Chapter 544], provided the agreements do not have a financial cost in excess of the amounts appropriated for such purposes by the Legislature;

(g) Except where otherwise prescribed by law, prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the agency and the offices thereof, including a detailed statement of expenditures of the agency and any recommendations;

(h) Make provisions for adoption of rules, regulations and policy and provide for public inspection and filing of same; and other requirements set forth in the Mississippi Administrative Procedure Law of 1999, except as otherwise provided by law.

(i) Conduct adjudicative proceedings in accordance with the Mississippi Administrative Procedure Law of 1999, or any part of such proceedings.

SECTION 91. Section 9-1-19, Mississippi Code of 1972, is amended as follows:

9-1-19. (1) Except as provided in subsection (2) of this section, the judges of the Supreme and circuit courts and chancellors and judges of the Court of Appeals, in termtime and in vacation, may severally order the issuance of writs of habeas corpus, mandamus, certiorari, supersedeas and attachments, and grant injunctions and all other remedial writs, in all cases where the same may properly be granted according to right and justice, returnable to any court, whether the suit or proceedings be pending in the district of the judge or chancellor granting the same or not. The fiat of such judge or chancellor shall authorize the issuance of the process for a writ returnable to the proper court or before the proper officer; and all such process or writs may be granted, issued and executed on Sunday.

(2) In the event that the respondent is an agency or an agency head within the Mississippi Administrative Procedure Law of 1999, or an officer or employee of an agency or agency head, original jurisdiction to consider and issue writs of mandamus and of prohibition is vested in the Supreme Court and in the Court of Appeals of the State of Mississippi.

SECTION 92. Section 9-13-107, Mississippi Code of 1972, is amended as follows:

9-13-107. No person shall be qualified or authorized to report testimony or proceedings relevant to matters under the jurisdiction of the courts of the State of Mississippi, all state agencies or the Legislature or any committee or subcommittee thereof, or where appeal to or judicial review of any court of the State of Mississippi is allowable by law, unless such person satisfies the provisions of Sections 9-13-101 through 9-13-121 with respect to certification. Sections 9-13-101 through 9-13-121 shall not be construed to apply to any proceedings that take place outside the borders of the State of Mississippi.

Every applicant for examination for certification as a Certified Shorthand Reporter shall file with the person designated by the board a written application in the form prescribed by the board. At the time the application is filed, the applicant shall pay to the board an application fee established by regulation, which fee shall not be subject to withdrawal by the applicant in the event he should decide not to take the examination or is denied the right to take the examination. Upon request, the board shall forward to any interested person application forms together with the text of this chapter and copies of regulations promulgated by the board under the provisions of this chapter.

SECTION 93. Section 9-13-117, Mississippi Code of 1972, is amended as follows:

9-13-117. The board, for good cause shown and in keeping with its regulations and after an adjudicative proceeding conducted in accordance with the Mississippi Administrative Procedure law of 1999 conducted in a manner consistent with due process, may revoke or suspend any certificate issued or may disqualify any applicant from certification.

SECTION 94. Section 11-41-1, Mississippi Code of 1972, is amended as follows:

11-41-1. (1) Except as provided in subsection (2) of this section, on the complaint of the state, by its Attorney General or a district attorney, in any matter affecting the public interest, or on the complaint of any private person who is interested, the judgment shall be issued by the circuit court, commanding any inferior tribunal, corporation, board, officer, or person to do or not to do an act the performance or omission of which the law specially enjoins as a duty resulting from an office, trust, or station, where there is not a plain, adequate, and speedy remedy in the ordinary course of law. All procedural aspects of this action shall be governed by the Mississippi Rules of Civil Procedure.

(2) In the event that the respondent is an agency or an agency head within the Mississippi Administrative Procedure Law of 1999, or an officer or employee of an agency or agency head, jurisdiction to issue and consider writs of mandamus and of prohibition is vested in the Supreme Court and in the Court of Appeals of the State of Mississippi. All procedural aspects of this action shall be governed by the Mississippi Rules of Appellate Procedure and other applicable law.

SECTION 95. Section 11-41-3, Mississippi Code of 1972, is amended as follows:

11-41-3. (1) Except as provided in subsection (2) of this section, the complaint shall be filed in the circuit court of the county in which the tribunal, corporation, board, officer, or person made defendant, or some one or more of them, shall reside or be found; but if the judge of that court be interested, the complaint may be filed in an adjoining circuit court district.

(2) In the event that the respondent is an agency or agency head within the Mississippi Administrative Procedure Law of 1999, or an officer or employee of an agency or agency head, the complaint may be filed in the Supreme court or in the Court of Appeals of the State of Mississippi.

SECTION 96. Section 17-17-29, Mississippi Code of 1972, is amended as follows:

17-17-29. (1) Any person found by the commission violating any of the provisions of Sections 17-17-1 through 17-17-47, or any rule or regulation or written order of the commission in pursuance thereof, or any condition or limitation of a permit, shall be subject to a civil penalty of not more than Twenty-five Thousand Dollars ($25,000.00) for each violation, such penalty to be assessed and levied by the commission after an adjudicative proceeding conducted in accordance with the Mississippi Administrative Procedure Law of 1999. Any person assessed with such a penalty shall have the right to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. If the person seeking judicial review desires to stay the execution of a civil penalty assessed by the commission, he shall give bond with sufficient resident sureties of one or more guaranty or surety companies authorized to do business in this state, payable to the State of Mississippi, in an amount equal to double the amount of any civil penalty assessed by the commission, as to which the stay of execution is desired, conditioned, if the judgment shall be affirmed, to pay all costs of the assessment entered against the person seeking judicial review. Each day upon which such violation occurs shall be deemed a separate and additional violation.

(2) In lieu of, or in addition to, the penalty provided in subsection (1) of this section, the commission shall have the power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of Sections 17-17-1 through 17-17-47, rules and regulations in force pursuant thereto, and orders and permits made and issued under those sections, in the * * * chancery * * * court of the county in which venue may lie. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and in cases of imminent and substantial hazard as set forth in Section 17-17-27, subsection (4), it shall not be necessary in such cases that the state plead or prove (a) that irreparable damage would result if the injunction did not issue; (b) that there is no adequate remedy at law; or (c) that a written complaint or commission order has first been issued for the alleged violation.

(3) Any person who violates any of the provisions of, or fails to perform any duty imposed by, Sections 17-17-1 through 17-17-47, or any rule or regulation issued hereunder, or who violates any order or determination of the commission promulgated pursuant to such sections, and causes the death of wildlife shall be liable, in addition to the penalties provided in subsection (1) and/or (2) of this section, to pay to the state an additional amount equal to the sum of money reasonably necessary to replenish such wildlife as determined by the commission after consultation with the Mississippi Commission on Wildlife, Fisheries and Parks. Such amount may be recovered by the commission on behalf of the state in a civil action brought in the chancery court of the county in which venue may lie.

(4) Any person creating, or responsible for creating, through misadventure, happenstance, or otherwise, an immediate necessity for remedial or clean-up action involving solid waste shall be liable for the cost of such remedial or clean-up action and the commission may recover the cost of same by a civil action brought in the chancery court of the county in which venue may lie. This penalty may be recovered in lieu of or in addition to the penalties provided in subsection (1), (2) and/or (3) of this section.

In the event of the necessity for immediate remedial or clean-up action, the commission may contract for same and advance funds from the Pollution Emergency Fund to pay the costs thereof, such advancements to be repaid to the Pollution Emergency Fund upon recovery by the commission as provided herein.

(5) Any person who knowingly violates any provision of this chapter or violates any order issued by the commission under the authority of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be subject to a fine of not more than Twenty-five Thousand Dollars ($25,000.00) for each day of violation or to imprisonment not to exceed one (1) year, or both. Each day's violation shall constitute a separate offense.

(6) All fines, penalties and other sums recovered or collected by the commission for and in behalf of the state under this section shall be deposited in the Pollution Emergency Fund established by Sections 49-17-61 through 49-17-70, and the commission is authorized to receive and accept, from any and all available sources whatsoever, additional funds to be deposited in such fund and expended for the purpose of remedial, clean-up or abatement actions involving the introduction of solid waste upon or into the land, air or waters of this state in violation of Sections 17-17-1 through 17-17-47, any rule or regulation or written order of the commission in pursuance thereof, or any condition or limitation of a permit.

(7) In determining the amount of any penalty under this chapter, the commission shall consider at a minimum:

(a) The willfulness of the violation;

(b) Any damage to air, water, land or other natural resources of the state or their uses;

(c) Costs of restoration and abatement;

(d) Economic benefit as a result of noncompliance;

(e) The seriousness of the violation, including any harm to the environment and any hazard to the health, safety and welfare of the public;

(f) Past performance history; and

(g) Whether the noncompliance was discovered and reported as the result of a voluntary self-evaluation. If a person discovers as a result of a voluntary self-evaluation, information related to noncompliance with an environmental law and voluntarily discloses that information to the department, commission or any employee thereof, the commission shall, to the greatest extent possible, reduce a penalty, if any, determined by the commission, except for economic benefit as a result of noncompliance, to a de minimis amount if all of the following are true:

(i) The disclosure is made promptly after knowledge of the information disclosed is obtained by the person;

(ii) The person making the disclosure initiates the appropriate corrective actions and pursues those corrective actions with due diligence;

(iii) The person making the disclosure cooperates with the commission and the department regarding investigation of the issues identified in the disclosure;

(iv) The person is not otherwise required by an environmental law to make the disclosure to the commission or the department;

(v) The information was not obtained through any source independent of the voluntary self-evaluation or by the department through observation, sampling or monitoring; and

(vi) The noncompliance did not result in a substantial endangerment threatening the public health, safety or welfare or the environment.

(8) Any provision of this section and chapter regarding liability for the costs of clean-up, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules adopted thereto.

SECTION 97. Section 17-17-45, Mississippi Code of 1972, is amended as follows:

17-17-45. In addition to any other remedies that might now be available, any person or interested party aggrieved by an order of the commission or of the permit board of the bureau of pollution control shall have the right of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 98. Section 17-17-231, Mississippi Code of 1972, is amended as follows:

17-17-231. (1) The Commission on Environmental Quality may adopt rules and regulations governing municipal solid waste landfills that accept household wastes, but any rules and regulations for such landfills shall, except for the adoption of criteria and standards to be considered in the location of such facilities, be no more stringent or extensive in scope, coverage and effect than Subtitle D regulations promulgated by the United States Environmental Protection Agency.

(2) If Subtitle D regulations do not provide a standard, criteria or guidance addressing matters relating to landfills, the commission may promulgate rules and regulations to address these matters in accordance with the Mississippi Administrative

Procedure Law of 1999 when the commission determines that such rules and regulation are necessary to protect human health, welfare or the environment.

(3) Nothing in this section shall prohibit the commission by order or the Permit Board in the issuance or modification of a permit from placing additional requirements on a landfill on a case by case basis in order to prevent, abate, control or correct groundwater contamination, public endangerment or as otherwise determined necessary to protect human health, welfare or the environment.

SECTION 99. Section 19-5-353, Mississippi Code of 1972, is amended as follows:

19-5-353. (1) The initial minimum standard of training for local public safety and 911 telecommunicators shall be determined by the Board of Emergency Telecommunications Standards and Training. All courses approved for minimum standards shall be taught by instructors certified by the course originator as instructors for such courses.

(2) The minimum standards may be changed at any time by the Board of Emergency Telecommunications Standards and Training.

(3) Changes in the minimum standards may be made upon request from any bona fide public safety, emergency medical or fire organization operating within the State of Mississippi. Requests for change shall be in writing submitted to either the State Law Enforcement Training Academy; the State Fire Academy; the Mississippi Chapter of the Associated Public Safety Communications Officers, Incorporated; the Mississippi Chapter of the National Emergency Number Association; the Mississippi State Board of Health, Emergency Medical Services Division; the Mississippi Justice Information Center; the Mississippi Sheriff's Association; the Mississippi Fire Chief's Association; the Mississippi Association of Chiefs of Police; or Mississippians for Emergency Medical Service.

(4) The minimum standards in no way are intended to restrict or limit any additional training which any department or agency may wish to employ, or any state or federal required training, but to serve as a basis or foundation for basic training.

(5) Persons in the employment of any public safety, fire, 911 PSAP or emergency medical agency as a telecommunicator on July 1, 1993, shall have three (3) years to be certified in the minimum standards courses provided they have been employed by such agency for a period of more than one (1) year prior to July 1, 1993.

(6) Persons having been employed by any public safety, fire, 911 PSAP or emergency medical agency as a telecommunicator for less than one (1) year prior to July 1, 1993, shall be required to have completed all the requirements for minimum training standards, as set forth in this act [Laws, 1993, Ch. 536], within one (1) year from July 1, 1993. Persons certified on or before July 1, 1993, in any course or courses chosen shall be given credit for these courses, provided the courses are still current and such persons can provide a course completion certificate.

(7) Any person hired to perform the duties of a telecommunicator in any public safety, fire, 911 PSAP or emergency medical agency after July 1, 1993, shall complete the minimum training standards as set forth in this act [Laws, 1993, Ch. 536] within twelve (12) months of their employment or within twelve (12) months from the date that the Board of Emergency Telecommunications Standards and Training shall become operational.

(8) Professional certificates remain the property of the board, and the board reserves the right to either reprimand the holder of a certificate, suspend a certificate upon conditions imposed by the board, or cancel and recall any certificate when:

(a) The certificate was issued by administrative error;

(b) The certificate was obtained through misrepresentation or fraud;

(c) The holder has been convicted of any crime involving moral turpitude;

(d) The holder has been convicted of a felony; or

(e) Other due cause as determined by the board.

When the board believes there is a reasonable basis for either the reprimand, suspension, cancellation of, or recalling the certification of a telecommunicator, the board shall provide notice and opportunity for an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. Any telecommunicator aggrieved by the findings and order of the board shall have a right to judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999. Any telecommunicator whose certification has been cancelled pursuant to this act [Laws, 1993, Ch. 536] may reapply for certification but not sooner than two (2) years after the date on which the order of the board cancelling such certification became final.

(9) Any state agency or political subdivision that employs a person as a telecommunicator who does not meet the requirements of this act [Laws, 1993, Ch. 536], or who employs a person whose certificate has been suspended or revoked under provisions of this act [Laws, 1993, Ch. 536], is prohibited from paying the salary of such person, and any person violating this subsection shall be personally liable for making such payment.

(10) These minimum standards and time limitations shall in no way conflict with other state and federal training as may be required to comply with established laws or regulations.

SECTION 100. Section 21-27-221, Mississippi Code of 1972, is amended as follows:

21-27-221. (1) Any person aggrieved by the final decision of any duly designated hearing officer appointed by the board or commission as a result of any hearing held under the provisions of Sections 21-27-201 through 21-27-221, which shall have been an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999, may, within thirty (30) days of receipt of written notice of the action of the hearing officer, appeal such final decision to the full board or commission, as the case may be, by filing therewith a written notice of appeal. No cost bond or other security shall be required to perfect such appeal. The hearing officer shall forthwith prepare and submit to the board or commission the record made at the hearing, which shall thereupon become the record of the cause. Appeals to the board or commission shall be considered only upon the record made before the hearing officer. The board or commission shall review all findings of fact and conclusions of law of the hearing officer, together with any penalties levied, and may affirm, modify or reverse and remand the decision of the hearing officer, as may be determined to be necessary or appropriate. Judicial review of the final decision of the board or commission shall be perfected as hereinafter provided.

(2) Any person aggrieved by the final decision of the board or commission as a result of any hearing held under the provisions of Sections 21-27-201 through 21-27-221, including hearings requested incidental to the issuance, denial, modification or revocation of any operator certification issued hereunder, shall have a right to judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999. The person perfecting judicial review shall file a cost bond with sufficient sureties, payable to the state in the sum of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), to be fixed by the board or commission and to be filed with and approved by the chief administrative officer of the appropriate agency * * *.

SECTION 101. Section 21-29-217, Mississippi Code of 1972, is amended as follows:

21-29-217. Any applicant for benefits of the disability and relief fund for firemen and policemen, or any two (2) active members of said fire department, or any two (2) active members of said police department, being aggrieved at the decision or order of the board of trustees, may file with the board of trustees and with said board of disability and relief appeals duplicate copies of a petition for a rehearing of the matter in which such decision or order was made. Within thirty (30) days thereafter the board of trustees shall file with said appeal board, true copies of all papers and documents which were before it, all evidence of record before it and a statement of all evidence heard by it and not of record, all certified to be true and correct, whereupon said appeal board shall fix a time for hearing and shall give the board of trustees and the petitioner or petitioners for appeal notice of said such time for hearing. When the matter shall come on for hearing said appeal board shall have before it all papers, statements, matters and things certified to it by the board of trustees, as well as such additional evidence and documents as it may hear and receive and upon all of the same shall hear, consider and decide said matter fully and finally according to this article and the facts. Said appeal board may cause witnesses to be sworn by any one (1) of its members, or by any other authority competent to administer oaths. Said appeal board may meet for all purposes at any time in the State of Mississippi when all are present, or upon the call of two (2) members thereof. Said appeal board shall certify its decision to the board of trustees, and such decision or order shall be final and binding and said fund shall be disbursed according thereto, subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 102. Section 23-15-69, Mississippi Code of 1972, is amended as follows:

23-15-69. All cases on appeal shall be heard by the boards of election commissioners de novo, and oral and documentary evidence may be heard by them; and they are authorized to administer oaths to witnesses before them; and they have power to subpoena witnesses, and to compel their attendance; to send for persons and papers; to require the sheriff and constables to attend them and to execute their process. The decisions of the commissioners in all cases shall be final as to questions of fact, but as to matters of law they may be revised by circuit courts and the Supreme Court. The registrar shall obey the orders of the commissioners in directing a person to be registered, or a name to be stricken from the registration books.

SECTION 103. Section 25-9-115, Mississippi Code of 1972, is amended as follows:

25-9-115. It shall be the specific duty and function of the State Personnel Board to:

(a) Represent the public interest in the improvement of personnel administration in the state departments, agencies and institutions covered by the State Personnel System;

(b) Determine appropriate goals and objectives for the State Personnel System and prescribe policies for their accomplishment, with the assistance of the Mississippi Personnel Advisory Council;

(c) Adopt and amend policies, rules and regulations establishing and maintaining the State Personnel System in accordance with the Administrative Procedure Law of 1999. Such rules and regulations shall not be applicable to the emergency hiring of employees by the Public Employees' Retirement System pursuant to Section 25-11-15(7). The rules and regulations of the Mississippi Classification Commission and the Mississippi Coordinated Merit System Council serving federal grant-aided agencies in effect on February 1, 1981, shall remain in effect until amended, changed, modified or repealed by the board;

(d) Ensure uniformity in all functions of personnel administration in those agencies required to comply with the provisions of this chapter. The board may delegate authority to the State Personnel Director as deemed necessary for the timely, effective and efficient implementation of the State Personnel System;

(e) Appoint an employee appeals board, consisting of three (3) hearing officers, for the purpose of conducting adjudicative proceedings in accordance with the Mississippi Administrative Procedure Law of 1999, and otherwise holding hearings, compiling evidence and rendering decisions on employee dismissals and other personnel matters as provided for in Sections 25-9-127 through 25-9-131. Hearing officers are not entitled to serve beyond their appointed term unless reappointed by the State Personnel Board;

(f) Assure uniformity in the administration of state and federal laws relating to merit administration;

(g) Establish an annual budget covering all the costs of board operations;

(h) With the assistance of the Mississippi Personnel Advisory Council, promote public understanding of the purposes, policies and practices of the State Personnel System and advise and assist the state departments, agencies and institutions in fostering sound principles of personnel management and securing the interest of institutions of learning and of civic, professional and other organizations in the improvement of personnel standards under the State Personnel System;

(i) Recommend policies and procedures for the establishment and abolishment of employment positions within State Government and develop a system for the efficient use of personnel resources;

(j) Cooperate with state institutions of higher learning in implementing a career management program in state agencies for graduate students in public administration in order to provide State Government with a steady flow of professional public managerial talent;

(k) Prescribe rules which shall provide that an employee in state service is not obliged, by reason of his employment, to contribute to a political fund or to render political service, and that he may not be removed or otherwise prejudiced for refusal to do so;

(l) Prescribe rules which shall provide that an employee in state service shall not use his official authority or influence to coerce the political action of a person or body;

(m) Annually report to the Governor and Legislature on the operation of the State Personnel System and the status of personnel administration in State Government;

(n) Require submission and approve organization and staffing plans of departments and agencies in state and nonstate service on such forms and according to such regulations as the board may prescribe to control and limit the growth of subordinate executive and administrative units and positions and to provide for agency staff reorganization without prior board approval when authority to reorganize has been delegated to an agency as provided in paragraph (p);

(o) In coordination with appointing authorities, set the annual salaries of those appointed officials whose salaries are not otherwise set by statute who work on a full-time basis in the capacity of agency head, executive director or administrator of any state department, agency, institution, board or commission under the jurisdiction of the State Personnel Board as provided in Section 25-9-101 et seq., in conformity with the State Personnel Board's compensation plan. Salaries of incumbents required by law to serve in their professional capacity as a physician, dentist, veterinarian or attorney shall be set in accordance with Section 25-9-107(c)(xiii);

(p) Authorize the director to enter into formal agreements with department executive directors and agency directors in which employment positions within their agencies may be reallocated and organization charts amended without prior State Personnel Board approval; provided, however, that such agreements shall be revocable by the State Personnel Board and continuation shall be contingent upon the reallocations and reorganizations being conducted in accordance with rules and regulations promulgated by the State Personnel Board. In the event the State Personnel Board has delegated reallocation authority to an agency, this delegation does not remove the requirement that agencies submit personal services budget requests each fiscal year for the purpose of preparing personal services continuation budget projections. Such budget requests shall be prepared in accordance with the policies, rules and regulations promulgated by the Department of Finance and Administration, the Legislative Budget Office and the State Personnel Board. Prior to making any reallocation or reorganization effective, each appointing authority who has entered into an agreement as provided in this paragraph (p) shall certify to the State Personnel Board that the total annualized cost of any reallocation or reorganization shall be equal to or less than the cost savings generated through downward reallocation or position abolishment of vacant positions.

The personnel board shall maintain a record of every personnel transaction executed under authority delegated pursuant to this paragraph (p) and shall annually report the total cost of these transactions, by agency, to the Legislative Budget Office and the Department of Finance and Administration.

The State Personnel Board shall prescribe rules requiring the State Personnel Director to perform a compliance audit and evaluation of personnel transactions executed under authority delegated pursuant to this paragraph (p) and to publish a report of the audit listing exceptions taken by the State Personnel Director not later than the first of October each year. In the event the State Personnel Board determines that an agency has misclassified an employee or position as a result of this delegated authority, the State Personnel Board shall be authorized to correct such misclassification regardless of the state service status of the employee holding such position. Authority to correct such misclassifications of filled positions shall be limited to one (1) year from the date which the State Personnel Board receives written notice of the reallocation;

(q) Require that if an employment position has been determined to be in need of reallocation from one occupational class to another, the employee occupying the position shall meet the minimum qualifications for the occupational class to which the position is being reallocated in order for the position to be eligible for the reallocation. However, when a reallocation is based upon an agency reorganization due to documented funds constraints, documented change in agency function, or legislative mandate, a position may be reallocated with prior approval of the State Personnel Board;

(r) Implement a reduction-in-force policy which shall apply uniformly to all state agencies and which shall require that the appointing authority develop an equitable and systematic plan for implementation of an agency-wide reduction-in-force. If a proposed reduction-in-force is the result of a curtailment of general funds, the State Personnel Board shall review the proposed reduction-in-force plan only upon written certification of a general funds shortage from the Department of Finance and Administration. If a proposed reduction-in-force is the result of a curtailment of special funds, the State Personnel Board shall review the proposed reduction-in-force plan only upon written certification of a special funds shortage from the agency. Further, the State Personnel Board shall ensure that any reduction-in-force plan complies with all applicable policies, rules and regulations of the State Personnel Board;

(s) Implement a furlough (involuntary leave without pay) policy which shall apply uniformly to all executive and subordinate employees within an agency, regardless of job class. The State Personnel Board shall review furlough plans only upon written certification of a general funds shortage from the Department of Finance and Administration or written certification of a special funds shortage from the agency. The State Personnel Board shall ensure that any furlough plan complies with all applicable policies, rules and regulations of the State Personnel Board;

(t) Establish policies which preclude any employee under the salary setting authority of the State Personnel Board from receiving an annual salary greater than the Governor, and any employee within an agency from receiving an annual salary greater than the agency head. Employees currently receiving an annual salary exceeding the Governor or their agency head may retain their present salary but shall not receive an increase until such time as the provisions of this paragraph are met;

(u) In the adoption of rules, to act in accordance with the Mississippi Administrative Procedure Law of 1999.

(v) This section shall stand repealed from and after June 30, 2000.

SECTION 104. Section 25-9-119, Mississippi Code of 1972, is amended as follows:

25-9-119. (1) There is hereby created the position of the State Personnel Director who shall be selected by the State Personnel Board, with the advice and consent of the Senate. The director shall have at least a master's degree in business administration, personnel management or the equivalent and shall have not less than five (5) years' experience therein. His salary shall be in accordance with the Mississippi Compensation Plan. The State Personnel Director shall serve at the will and pleasure of the State Personnel Board.

(2) The duties and responsibilities of the director shall be:

(a) To serve as executive secretary to the board, to attend meetings as directed by the board and to provide such professional, technical and other supportive assistance as may be required by the board in the performance of its duties;

(b) Consistent with board policy, to administer the operations of the State Personnel System and to otherwise act in the capacity of chief executive officer to the State Personnel Board;

(c) To submit for board approval proposed rules and regulations which shall require a uniform system of personnel administration within all agencies included in this chapter. Such rules and regulations, when approved by the board, shall be binding upon the state departments, agencies and institutions covered by this chapter and shall include provisions for the establishment and maintenance of classification and compensation plans, the conduct of examinations, employee recruiting, employee selection, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, reinstatement, appeals, reports of performance, payroll certification, employee training, vacation and sick leave, compensatory leave, administrative leave, standardized record keeping forms and procedures for leave earned, accrued and used, and all other phases of personnel administration. Such rules and regulations shall not be applicable to the emergency hiring of employees by the Public Employees' Retirement System pursuant to Section 25-11-15(7). Such rules and regulations, or modifications thereto, as are approved by the State Personnel Board shall be filed with the Secretary of the Senate in accordance with the Mississippi Administrative Procedure Law of 1999, and with the Clerk of the House of Representatives at least sixty (60) days prior to their effective date. The secretary and the clerk shall immediately forward copies of the rule or rules to the members of the Senate Fees, Salaries and Administration Committee, the members of the House Fees and Salaries of Public Officers Committee, the Lieutenant Governor, the Speaker of the House of Representatives and the Governor. The respective committees may submit comments to the board regarding such rules and regulations prior to their effective date;

(i) Compensation plans and modifications thereto promulgated under rules and regulations shall become effective as adopted, upon appropriation therefor by the State Legislature;

(ii) The director and the board shall provide for:

(A) Cost-of-living adjustments;

(B) Salary increases for outstanding performance based upon documented employee productivity and exceptional performance in assigned duties; and

(C) Plans to compensate employees for suggestions which result in improved management in technical or administrative procedures and result in documented cost savings for the state. In certifying promotions, the director shall ensure that an employee's anniversary date remains the same regardless of the date of his promotion;

(d) To submit to the board any proposed legislation as may be necessary to bring existing statutes relating to the administration of public employees into uniformity;

(e) To administer the rules and regulations and all other operational aspects of the State Personnel System and to assure compliance therewith in all the departments, agencies and institutions covered by the State Personnel System;

(f) To appoint and prescribe the duties of the State Personnel System staff, all positions of which shall be included in the state service;

(g) To prepare an annual budget for the board covering all the costs of operating the State Personnel System, including the State Personnel Board, and the costs of administering such federal laws relating to personnel administration as the board may direct, including the Intergovernmental Personnel Act of 1970;

(h) To assist state agencies, departments and institutions in complying with all applicable state and federal statutes and regulations concerning discrimination in employment, personnel administration and related matters;

(i) To recommend procedures for the establishment and abolishment of employment positions within those departments, agencies and institutions not excluded from this chapter;

(j) To cooperate with appointing authorities in the administration of this chapter in order to promote public service and establish conditions of service which will attract and retain employees of character and capacity and to increase efficiency and economy in governmental departments by the improvement of methods of personnel administration with full recognition of the requirements and needs of management.

SECTION 105. Section 25-9-131, Mississippi Code of 1972, is amended as follows:

25-9-131. (1) Any employee in the state service may appeal his dismissal or other action adversely affecting his employment status to the employee appeals board created herein. The * * * employee appeals board shall conduct an adjudicative proceeding conducted in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

(2) Any employee aggrieved by a final decision of the employee appeals board shall be entitled to judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

(3) It is the intent of Sections 25-9-127 through 25-9-131 to supersede and replace any existing statutory procedure conflicting in whole or in part which provides for the discharge of state employees in any state agency.

SECTION 106. Section 25-9-132, Mississippi Code of 1972, is amended as follows:

25-9-132. Any employee aggrieved by a final decision of the employee appeals board shall be entitled to judicial review thereof in the manner provided in the Mississippi Administrative Procedure Law of 1999.

 * * * In each controversy in which the employee appeals board assumes jurisdiction, the state personnel board shall assess the respondent state agency a reasonable fee to defray the cost of recording the hearing. The state personnel board is hereby authorized to contract with certified court reporters to record hearings before the employee appeals board.

SECTION 107. Section 25-11-11, Mississippi Code of 1972, is amended as follows:

25-11-11. (1) Each political subdivision of the state and each instrumentality of the state or of a political subdivision, or of both, is hereby authorized to submit for approval by the board a plan for extending the benefits of this article, in conformity with applicable federal law, to employees of any such political subdivision or instrumentality. Each such plan or any amendment thereof shall be approved by the board if it finds that such plan, or such plan as amended, is in conformity with such requirements as are provided in regulations of the board, except that no such plan shall be approved unless:

(a) It is in conformity with the requirements of the applicable federal law and with the agreement entered into under Section 25-11-7;

(b) It provides that all services which constitute employment as defined in Section 25-11-5 and are performed in the employ of the political subdivision or instrumentality, by any employees thereof, shall be covered by the plan; except that it may exclude services performed by individuals to whom Section 218(C)(3)(c) of the Social Security Act is applicable;

(c) It specifies the source or sources from which the funds necessary to make the payments required by paragraph (a) of subsection (3) and by subsection (4) are expected to be derived and contains reasonable assurance that such sources will be adequate for such purpose;

(d) It provides for such methods of administration of the plan by the political subdivision or instrumentality as are found by the board to be necessary for the proper and efficient administration thereof;

(e) It provides that the political subdivision or instrumentality will make such reports, in such form and containing such information, as the board may from time to time require, and comply with such provisions as the board or the secretary of health and human services may from time to time find necessary to assure the correctness and verification of such reports; and

(f) It authorizes the board to terminate the plan in its entirety in the discretion of the board if it finds that there has been a failure to comply substantially with any provision contained in such plan, such determination to take effect at the expiration of such notice and on such conditions as may be provided by regulations of the board and as may be consistent with applicable federal law.

(2) The board shall not finally refuse to approve a plan submitted under subsection (1) and shall not terminate an approved plan, without reasonable notice and opportunity for hearing to each political subdivision or instrumentality affected thereby. The board's decision in any such case shall be final, conclusive, and binding but subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

(3) (a) Each political subdivision or instrumentality as to which a plan has been approved under this section shall pay into the contribution fund, with respect to wages (as defined in Section 25-11-5 of this article,) at such time or times as the board may by regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the board under Section 25-11-7.

(b) Every political subdivision or instrumentality required to make payments under paragraph (a) of this subsection is authorized, in consideration of the employees' retention in, or entry upon, employment after enactment of this article, to impose upon its employees, as to services which are covered by an approved plan, a contribution with respect to wages (as defined in Section 25-11-5 of this article), not exceeding the amount of tax which would be imposed by the Federal Insurance Contributions Act if such services constituted employment within the meaning of that act, and to deduct the amount of such contribution from the wages as and when paid. Contributions so collected shall be paid into the contribution fund in partial discharge of the liability of such political subdivision or instrumentality under paragraph (a) of this subsection. Failure to deduct such contribution shall not relieve the employee or employer of liability therefor.

(4) Any state agency, school, political subdivision, instrumentality or any employer that is required to submit contribution payments or wage reports under any section of this chapter shall be assessed interest on delinquent payments or wage reports as determined by the board of trustees and such assessed interest may be recovered by action in a court of competent jurisdiction against such reporting agency liable therefor or may, upon due certification of delinquency and at the request of the board, be deducted from any other moneys payable to such reporting agency by any department or agency of the state.

(5) Referenda and certification. The Governor is empowered to authorize a referendum, upon request of the governing body of a political subdivision or juristic entity of the state and to designate any agency or individual to supervise its conduct, in accordance with the requirements of Section 218(d)(3) of the Social Security Act, on the question of whether service in positions covered by a retirement system established by a political subdivision or juristic entity of the state should be excluded from or included under an agreement under this article. The notice of referendum required by Section 218(d)(3)(C) of the Social Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the referendum shall deem necessary and sufficient, to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this article.

(6) Only those persons may be allowed to vote in the referendum who are actually employed in the employment which occasioned their membership in their retirement system at the time that the referendum is offered, and a majority of the members so qualified to vote must vote in favor of the referendum in order for it to become effective.

(7) In the event of a negative vote in the referendum, no additional referendum may be held within a period of less than one (1) year; and in the event of an affirmative vote of the referendum, their agreement must be executed with the public employees' retirement system of Mississippi to cover such employees within six (6) months after the affirmative vote has been determined in the referendum.

(8) Upon receiving evidence satisfactory to him that, with respect to any such referendum, the conditions specified in Section 218(d)(3) of the Social Security Act have been met, the Governor shall so certify to the secretary of health and human services.

SECTION 108. Section 25-11-105, Mississippi Code of 1972, is amended as follows:

25-11-105. The membership of this retirement system shall be composed as follows:

(a) All persons who shall become employees in the state service after January 31, 1953, and whose wages are subject to payroll taxes and are lawfully reported on IRS Form W-2, except those specifically excluded, or as to whom election is provided in Articles 1 and 3, shall become members of the retirement system as a condition of their employment.

(b ) All persons who shall become employees in the state service after January 31, 1953, except those specifically excluded or as to whom election is provided in Articles 1 and 3, unless they shall file with the board prior to the lapse of sixty (60) days of employment or sixty (60) days after the effective date of the cited articles, whichever is later, on a form prescribed by the board, a notice of election not to be covered by the membership of the retirement system and a duly executed waiver of all present and prospective benefits which would otherwise inure to them on account of their participation in the system, shall become members of the retirement system; provided, however, that no credit for prior service will be granted to members until they have contributed to Article 3 of the retirement system for a minimum period of at least four (4) years. Such members shall receive credit for services performed prior to January 1, 1953, in employment now covered by Article 3, but no credit shall be granted for retroactive services between January 1, 1953, and the date of their entry into the retirement system unless the employee pays into the retirement system both the employer's and the employee's contributions on wages paid him during the period from January 31, 1953, to the date of his becoming a contributing member, together with interest at the rate determined by the board of trustees. Members reentering after withdrawal from service shall qualify for prior service under the provisions of Section 25-11-117. From and after July 1, 1998, upon eligibility as noted above, the member may receive credit for such retroactive service provided:

(1) The member shall furnish proof satisfactory to the board of trustees of certification of such service from the covered employer where the services were performed; and

(2) The member shall pay to the retirement system on the date he or she is eligible for such credit or at any time thereafter prior to the date of retirement the actuarial cost for each year of such creditable service. The provisions of this subparagraph (2) shall be subject to the limitations of Section 415 of the Internal Revenue Code and regulations promulgated thereunder.

Nothing contained in this paragraph (b) shall be construed to limit the authority of the board to allow the correction of reporting errors or omissions based on the payment of the employee and employer contributions plus applicable interest.

(c) All persons who shall become employees in the state service after January 31, 1953, and who are eligible for membership in any other retirement system shall become members of this retirement system as a condition of their employment unless they elect at the time of their employment to become a member of such other system.

(d) All persons who are employees in the state service on January 31, 1953, and who are members of any nonfunded retirement system operated by the State of Mississippi, or any of its departments or agencies, shall become members of this system with prior service credit unless, before February 1, 1953, they shall file a written notice with the board of trustees that they do not elect to become members.

(e) All persons who are employees in the state service on January 31, 1953, and who under existing laws are members of any fund operated for the retirement of employees by the State of Mississippi, or any of its departments or agencies, shall not be entitled to membership in this retirement system unless, before February 1, 1953, any such person shall indicate by a notice filed with the board, on a form prescribed by the board, his individual election and choice to participate in this system, but no such person shall receive prior service credit unless he becomes a member on or before February 1, 1953.

(f) Each political subdivision of the state and each instrumentality of the state or a political subdivision, or both, is hereby authorized to submit, for approval by the board of trustees, a plan for extending the benefits of this article to employees of any such political subdivision or instrumentality. Each such plan or any amendment to the plan for extending benefits thereof shall be approved by the board of trustees if it finds that such plan, or such plan as amended, is in conformity with such requirements as are provided in Articles 1 and 3; however, upon approval of such plan or any such plan heretofore approved by the board of trustees, the approved plan shall not be subject to cancellation or termination by the political subdivision or instrumentality. No such plan shall be approved unless:

(1) It provides that all services which constitute employment as defined in Section 25-11-5 and are performed in the employ of the political subdivision or instrumentality, by any employees thereof, shall be covered by the plan; with the exception of municipal employees who are already covered by existing retirement plans; provided, however, those employees in this class may elect to come under the provisions of this article;

(2) It specifies the source or sources from which the funds necessary to make the payments required by subsection (d) of Section 25-11-123 and of subsections (f)(5)b and c of this section are expected to be derived and contains reasonable assurance that such sources will be adequate for such purpose;

(3) It provides for such methods of administration of the plan by the political subdivision or instrumentality as are found by the board of trustees to be necessary for the proper and efficient administration thereof;

(4) It provides that the political subdivision or instrumentality will make such reports, in such form and containing such information, as the board of trustees may from time to time require;

(5) It authorizes the board of trustees to terminate the plan in its entirety in the discretion of the board if it finds that there has been a failure to comply substantially with any provision contained in such plan, such termination to take effect at the expiration of such notice and on such conditions as may be provided by regulations of the board and as may be consistent with applicable federal law.

A. The board of trustees shall not finally refuse to approve a plan submitted under subsection (f), and shall not terminate an approved plan without reasonable notice and opportunity for hearing to each political subdivision or instrumentality affected thereby. The board's decision in any such case shall be final, conclusive and binding but subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

B. Each political subdivision or instrumentality as to which a plan has been approved under this section shall pay into the contribution fund, with respect to wages (as defined in Section 25-11-5), at such time or times as the board of trustees may by regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the board.

C. Every political subdivision or instrumentality required to make payments under subsection (f)(5)b hereof is authorized, in consideration of the employees' retention in or entry upon employment after enactment of Articles 1 and 3, to impose upon its employees, as to services which are covered by an approved plan, a contribution with respect to wages (as defined in Section 25-11-5) not exceeding the amount provided in Section 25-11-123(d) if such services constituted employment within the meaning of Articles 1 and 3, and to deduct the amount of such contribution from the wages as and when paid. Contributions so collected shall be paid into the contribution fund as partial discharge of the liability of such political subdivisions or instrumentality under subsection (f)(5)b hereof. Failure to deduct such contribution shall not relieve the employee or employer of liability thereof.

D. Any state agency, school, political subdivision, instrumentality or any employer that is required to submit contribution payments or wage reports under any section of this chapter shall be assessed interest on delinquent payments or wage reports as determined by the board of trustees in accordance with rules and regulations adopted by the board and such assessed interest may be recovered by action in the chancery court * * * against such reporting agency liable therefor or may, upon due certification of delinquency and at the request of the board of trustees, be deducted from any other monies payable to such reporting agency by any department or agency of the state.

E. Each political subdivision of the state and each instrumentality of the state or a political subdivision or subdivisions which submits a plan for approval of the board, as provided in this section, shall reimburse the board for coverage into the expense account, its pro rate share of the total expense of administering Articles 1 and 3 as provided by regulations of said board.

(g) The board may, in its discretion, deny the right of membership in this system to any class of employees whose compensation is only partly paid by the state or who are occupying positions on a part-time or intermittent basis. The board may, in its discretion, make optional with employees in any such classes their individual entrance into this system.

(h) An employee whose membership in this system is contingent on his own election, and who elects not to become a member, may thereafter apply for and be admitted to membership; but no such employee shall receive prior service credit unless he becomes a member prior to July 1, 1953, except as provided in subsection (b).

(i) In the event any member of this system should change his employment to any agency of the state having an actuarially funded retirement system, the board of trustees may authorize the transfer of the member's creditable service and of the present value of the member's employer's accumulation account and of the present value of the member's accumulated membership contributions to such other system, provided the employee agrees to the transfer of his accumulated membership contributions and provided such other system is authorized to receive and agrees to make such transfer.

In the event any member of any other actuarially funded system maintained by an agency of the state changes his employment to an agency covered by this system, the board of trustees may authorize the receipt of the transfer of the member's creditable service and of the present value of the member's employer's accumulation account and of the present value of the member's accumulated membership contributions from such other system, provided the employee agrees to the transfer of his accumulated membership contributions to this system and provided the other system is authorized and agrees to make such transfer.

(j) Wherever herein state employment is referred to, it shall include joint employment by state and federal agencies of all kinds.

(k) Employees of a political subdivision or instrumentality who were employed by such political subdivision or instrumentality prior to an agreement between such entity and the Public Employees' Retirement System to extend the benefits of this article to its employees, and which agreement provides for the establishment of retroactive service credit, and who have been members of the retirement system and have remained contributors to the retirement system for four (4) years, may receive credit for such retroactive service with such political subdivision or instrumentality, provided the employee and/or employer, as provided under the terms of the modification of the joinder agreement in allowing such coverage, pay into the retirement system the employer's and employee's contributions on wages paid the member during such previous employment, together with interest or actuarial cost as determined by the board covering the period from the date the service was rendered until the payment for the credit for such service was made. Such wages shall be verified by the Social Security Administration or employer payroll records. Effective July 1, 1998, upon eligibility as noted above, a member may receive credit for such retroactive service with such political subdivision or instrumentality provided;

(1) The member shall furnish proof satisfactory to the board of trustees of certification of such services from the political subdivision or instrumentality where the services were rendered or verification by the Social Security Administration; and

(2) The member shall pay to the retirement system on the date he or she is eligible for such credit or at any time thereafter prior to the date of retirement the actuarial cost for each year of such creditable service. The provisions of this subparagraph (2) shall be subject to the limitations of Section 415 of the Internal Revenue Code and regulations promulgated thereunder.

Nothing contained in this paragraph (k) shall be construed to limit the authority of the board to allow the correction of reporting errors or omissions based on the payment of employee and employer contributions plus applicable interest. Payment for such time shall be made in increments of not less than one-quarter (1/4) year of creditable service beginning with the most recent service. Upon the payment of all or part of such required contributions, plus interest or the actuarial cost as provided above, the member shall receive credit for the period of creditable service for which full payment has been made to the retirement system.

(l) Through June 30, 1998, any state service eligible for retroactive service credit, no part of which has ever been reported, and requiring the payment of employee and employer contributions plus interest, or, from and after July 1, 1998, any state service eligible for retroactive service credit, no part of which has ever been reported to the retirement system, and requiring the payment of the actuarial cost for such creditable service, may, at the member's option, be purchased in quarterly increments as provided above at such time as its purchase is otherwise allowed.

(m) All rights to purchase retroactive service credit or repay a refund as provided in Section 25-11-101 et seq. shall terminate upon retirement.

The following classes of employees and officers shall not become members of this retirement system, any other provisions of Articles 1 and 3 to the contrary notwithstanding:

(a) Patient or inmate help in state charitable, penal or correctional institutions;

(b) Students of any state educational institution employed by any agency of the state for temporary, part-time or intermittent work;

(c) Participants of Comprehensive Employment and Training Act of 1973 (CETA) being Public Law 93-203, who enroll on or after July 1, 1979.

Membership in this system shall cease by a member withdrawing his accumulated contributions, or by a member withdrawing from active service with a retirement allowance, or by a member's death.

SECTION 109. Section 25-11-120, Mississippi Code of 1972, is amended as follows:

25-11-120. (1) Any individual aggrieved by an administrative determination, including a determination of the medical board, relating to the eligibility for or payment of benefits, or the calculation of creditable service or other similar matters relating to the Public Employees' Retirement System or any other retirement system or program administered by the board, may request a hearing before a hearing officer designated by the board. Such hearings shall be conducted as adjudicative proceedings in accordance with the Mississippi Administrative Procedure Law of 1999 and the rules and regulations adopted by the board and normal rules of evidence shall not apply. * * *

(2) Any individual aggrieved by the determination of the board shall have a right to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999 * * * and this procedure shall be the exclusive method of appealing determinations of the board.

(3) The board is authorized to appoint a committee of the board to serve as hearing officer or to employ or contract with qualified personnel to perform the duties of hearing officer and court reporter as may be necessary for conducting, recording and transcribing such proceedings and shall record and preserve all proceedings in accordance with the Mississippi Administrative Procedure Law of 1999. The board may assess and collect fees to offset costs related to such hearings. Said fees shall be deposited to the credit of the Public Employees' Retirement System.

SECTION 110. Section 25-53-111, Mississippi Code of 1972, is amended as follows:

25-53-111. The bureau shall have the following additional duties:

(a) To establish and coordinate through either state ownership or commercial leasing, all telecommunications systems and services affecting the management and operations of the state.

(b) To act as the sole centralized customer for the acquisition, billing and record keeping of all telecommunications systems or services provided to state agencies whether obtained through lease or purchase.

(c) To charge respective user agencies for their proportionate cost of the installation, maintenance and operation of the telecommunications systems and services, including the operation of the bureau.

(d) To offer or provide transmission, switch and network services on a reimbursable basis to agencies financed entirely by federal funds, to governing authorities and to other governmental agencies.

(e) To approve or provide state telephone services on a reimbursable basis to full-time students at state institutions of higher learning and junior colleges, including where such services are provided by the state or the institution.

(f) To develop coordinated telecommunications systems or services within and among all state agencies and require, where appropriate, cooperative utilization of telecommunications equipment and services by aggregating users. Where such cooperative utilization of telecommunications system or service would affect an agency authorized to receive information from the National Crime Information Center of the Federal Bureau of Investigation, such plans for cooperative utilization shall first be approved by the National Crime Information Center before implementation of such telecommunications systems or service can proceed.

(g) To review, coordinate, approve or disapprove all requests by state agencies for the procurement, through purchase or contract for lease of telecommunications systems or services including telecommunication proposals, studies and consultation contracts and intra-LATA and inter-LATA transmission channels.

(h) To establish and define telecommunications systems and services specifications and designs so as to assure compatibility of telecommunications systems and services within State Government and governing authorities.

(i) To provide a continuous, comprehensive analysis and inventory of telecommunications costs, facilities and systems within State Government.

(j) To promote, coordinate or assist in the design and engineering of emergency telecommunications systems, including but not limited to "911" service, emergency medical services and other emergency telecommunications services.

(k) To advise and provide consultation to agencies and governing authorities with respect to telecommunications management planning and related matters and to provide training to users within State Government in telecommunications technology and system use.

(l) To develop policies, procedures and long-range plans, consistent with the protection of citizens' rights to privacy and access to information, for the acquisition and use of telecommunications systems, and to base such policies on current information about state telecommunications activities in relation to the full range of emerging technologies.

A state agency requesting an increase in expenditure of funds for new telecommunications equipment systems or services shall submit to the Legislative Budget Office with its budget request preceding the fiscal year for which funding is requested detailed justification for such request. The justification shall be provided on forms developed by the bureau in accordance with the Mississippi Administrative Procedure Law of 1999. In addition, all state agencies shall submit to the bureau, when requested, a long-range plan for use of telecommunications equipment, systems and services.

(m) In adopting rules to act in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 111. Section 25-53-125, Mississippi Code of 1972, is amended as follows:

25-53-125. The following general provisions shall apply to all procurements under Sections 25-53-101 through 25-53-125:

(a) No contracts entered into hereunder shall have an initial effective date earlier than the date on which such contract receives approval as required herein.

(b) All changes, modifications and amendments to any contract hereunder shall be approved in advance by the bureau, in addition to any other approvals required by law.

(c) The bureau shall promulgate rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999, for the establishment of contract format.

(d) Where written proposals or bids are submitted by vendors, the proposal or bid of the successful vendor shall be incorporated into the final contract consummated with that vendor.

(e) The provisions of Sections 25-53-101 through 25-53-125 shall, with respect to the procurement of telecommunications equipment, systems or related services, supersede specifications of any contradictory or conflicting provisions of Chapter 7, Title 31, Mississippi Code of 1972, and other laws with respect to awarding public contracts.

SECTION 112. Section 25-59-9, Mississippi Code of 1972, is amended as follows:

25-59-9. The Mississippi Department of Archives and History, with respect to the Mississippi Archives and Records Management Law, shall have the following powers and duties:

(a) The department may make and enter into contracts and agreements with other agencies, organizations, associations, corporations and individuals or federal agencies as it may determine are necessary, expedient or incidental to the performance of its duties or the execution of its powers under this chapter.

(b) The department shall adopt such rules and regulations deemed necessary to carry out its duties and responsibilities under this chapter, which rules shall be binding on all agencies and the persons affected thereby. The department shall publish said rules and regulations in accordance with the provisions of the Mississippi Administrative Procedure Law of 1999.

(c) Conduct a records management program including a records center and subject to the availability of staff and funds, conduct a centralized microfilming program for the benefit of all state agencies; and provide advice, assistance and training to all state agencies in matters pertaining to the economical and efficient management of public records.

(d) Cooperate with and assist, insofar as possible, state institutions, departments, agencies, counties, municipalities and individuals engaged in the field of state archives, manuscripts and history.

(e) Establish safeguards against unauthorized or unlawful removal or loss of records.

(f) Initiate appropriate action to recover records removed unlawfully or without authorization.

(g) Establish and maintain a program in cooperation with each agency for the selection and preservation of vital records considered essential to the operation of government and to the protection of the rights and privileges of citizens; make or have made preservation duplicates, or designate existing copies as preservation duplicates to be preserved in a place of safekeeping as prescribed by the department.

(h) Promulgate rules and regulations permitting the storage, use and dissemination of records which are transferred by any local governmental body in this state to a local historical or archival group which has been incorporated and operates as a private, nonprofit corporation. Such rules and regulations shall be in accordance with the provisions of Section 25-59-25.

SECTION 113. Section 25-61-13, Mississippi Code of 1972, is amended as follows:

25-61-13. (1) Any person denied the right granted by Section 25-61-5 to inspect and/or copy public records may institute a suit in the chancery court of the county in which the public body is located, and the court shall determine whether such public record is exempt from the provisions of this chapter, and in making such determination the court shall take into consideration any constitutional or statutory law or decision of any court of this state or the United States or any rule of common law. Process shall be served on the proper officials according to law.

(2) In any suit filed under subsection (1) of this section, the court has the authority to prohibit the public body from withholding the public records, to order the production of any public records improperly withheld from the person seeking disclosure, and to grant such other equitable relief as may be proper. The court, on its own motion, may privately view the public records in controversy before reaching a decision.

(3) Proceedings arising under this section shall take precedence on the docket over all other matters and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way. Such suits may be heard in termtime or in vacation.

(4) Any suit filed under this section shall be subject to all the rights and rules of appeal for other suits arising in chancery court.

SECTION 114. Section 27-3-29, Mississippi Code of 1972, is amended as follows:

27-3-29. When directed by the other members of the commission, and agreed to by the appealing taxpayers, an associate commissioner may hold a hearing on any appeal from a decision of the chairman at the time and place agreed to, and at such hearing shall take the testimony of witnesses, verbally, or in writing, take depositions, and shall have the power to require the production of books and other records and papers which the chairman is authorized to demand or examine, and he shall have authority to make copies of same. At the conclusion of the hearing, the associate commissioner shall submit all written evidence, documents, records and other pertinent information to the other members of the commission, together with a report in writing setting forth a review of the cause and the essential facts of the matter. Whereupon the whole commission, if the appealing taxpayer assents thereto, shall render its decision on the appeal; but if the taxpayer desires a further hearing on the cause, the whole commission shall hear the appeal at its office in the Capitol. In either case, the taxpayer may of right have judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

Any person aggrieved by any assessment, order, decision or other act of the commission and/or the commissioner, except as otherwise provided in Sections 27-7-71, 27-55-41, 27-65-45, 67-1-1 et seq., and other areas of the law administered by the commission which have specifically incorporated one (1) of these sections for appeal purposes, may apply to the Board of Review of the Mississippi State Tax Commission by petition in writing for a hearing within ten (10) days after receiving notice of the adverse action. At the hearing, the board of review shall try the issues presented according to the law, the facts and within the guidelines established by the commissioner and shall notify the person so appealing of its determination.

If any person feels aggrieved by the decision of the board of review, he may apply to the commission by petition, in writing, within thirty (30) days after notice is mailed to him, for a hearing and correction of the decision of the said board, in which petition he shall set forth the reasons such hearing should be granted and the relief which he is seeking. The commission shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. After the hearing, the State Tax Commission may make such order in the matter as may appear to it just and lawful and shall furnish a copy of the order to the petitioner.

Any person aggrieved by the final order of the commission may of right have judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 115. Section 27-7-73, Mississippi Code of 1972, is amended as follows:

27-7-73. The findings of the State Tax Commission shall be final subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. The party perfecting judicial review shall file a bond, to be approved by the clerk of said court, in a sum double the amount in controversy, conditioned to pay the judgment of the court. * * *

SECTION 116. Section 27-7-315, Mississippi Code of 1972, is amended as follows:

27-7-315. If any overpayment of any tax, interest or penalty levied or provided for by Article 1 of this chapter, or in this article, is not refunded to the taxpayer as provided in Section 27-7-313 within six (6) months after the final date for filing returns as prescribed by law, the taxpayer may file a petition with the commissioner for a hearing on the claim for refund. Within ten (10) days after the receipt of such petition, the commissioner shall either (1) make refund as requested in the return filed by the taxpayer of the amount claimed by the taxpayer; or (2) set a time and place for such hearing and give notice thereof to the petitioner by registered or certified mail with return receipt requested. The date set for such hearing shall be not less than ten (10) days, nor more than thirty (30) days after notice thereof is given to the petitioner. If, after such hearing, the commissioner shall determine that the petitioner is entitled to a refund as claimed in the return, he shall refund to the petitioner the amount determined to be due. If, after such hearing, the commissioner determines that the petitioner is not entitled to a refund for overpayment, he shall so notify the petitioner by registered mail or by certified mail with return receipt requested.

If the petitioner is aggrieved by the decision of the commissioner, he may appeal from the commissioner's decision for a rehearing before the State Tax Commission. Such appeal for a rehearing shall be made within thirty (30) days from the date of notice by the commissioner, and the commission shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. If the petitioner feels further aggrieved by the decision of the commission, he may secure judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

If any overpayment of tax as reflected on a return or amended return filed, and verified by the commissioner or determined to be due by the commissioner or commission when no overpayment is shown on a return or amended return, is not refunded within ninety (90) days after the prescribed due date of the return, the date the return is filed, or the date the commissioner or commission determines a refund as being due when no overpayment is shown on a return or amended return, whichever is later, interest at the rate of one percent (1%) per month shall be allowed on such overpayment computed for the period after expiration of the ninety-day period provided herein to the date of payment.

SECTION 117. Section 27-7-515, Mississippi Code of 1972, is amended as follows:

27-7-515. (1) The commission is authorized to prescribe forms and adopt rules and regulations which it deems necessary to effectuate the intent and provisions of this article. All such rules and regulations shall be adopted in accordance with the Mississippi Administrative Procedure Law of 1999.

(2) The commission may enter into reciprocal agreements with the departments of revenue of other states that have enacted legislation that is substantially equivalent to the setoff procedure in this article. The agreement shall authorize the commission to provide by rule for the setoff of state income tax refunds or rebates of defaulters from states with which Mississippi has a reciprocal agreement and to provide for sending lists of names of Mississippi defaulters to the states with which Mississippi has a reciprocal agreement for setoff of that state's income tax refunds.

SECTION 118. Section 27-9-47, Mississippi Code of 1972, is amended as follows:

27-9-47. The executor may in writing apply to the commissioner for revision of the tax assessed against the estate at any time within one year from the date of the filing of the return or from the date of notice of the assessment of an additional tax. The commissioner shall grant a hearing thereon and if, upon such hearing, he shall determine that the tax is excessive or incorrect, he shall resettle the same according to the law and the facts and adjust the computation of the tax accordingly. The commissioner shall notify the executor in writing of his determination and shall refund to the executor the amount, if any, paid in excess of the tax found by him to be due. If the executor has failed without good cause to file a return within the time prescribed by law or has filed a fraudulent return or having filed an incorrect return has failed after notice to file a proper return, the commissioner shall not reduce the tax below the amount for which the executor has been found to be properly assessed.

If the executor is dissatisfied with the decision of the commissioner he may apply in writing to the entire commission for a hearing, and the commission shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

If the executor be dissatisfied with the decision of the commission he shall have the right of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. After perfecting judicial review, the executor shall file a bond with the clerk of the court in the amount of the tax assessed, including additional tax, interest and penalties, if any, and the estimated court costs, said bond to be made by a bonding company qualified to write bonds within the State of Mississippi, conditioned that any tax found due by the * * * court will be promptly paid. * * *

 * * *

SECTION 119. Section 27-13-45, Mississippi Code of 1972, is amended as follows:

27-13-45. The findings of the State Tax Commission shall be final subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. The party perfecting judicial review shall file a bond, to be approved by the clerk of said court, in a sum double the amount in controversy, conditioned to pay the judgment of the court. * * * SECTION 120. Section 27-19-337, Mississippi Code of 1972, is amended as follows:

27-19-337. Any person aggrieved by an assessment for license taxes, license tag or permit fees made upon him by the commission, or by any other order or act of the commission in the administration of this chapter may, where no specific remedy is prescribed, apply to the board of review by petition in writing for a hearing and a correction of the assessment or other order or act appealed from. For any assessment of license taxes, tag or permit fee and/or penalty and interest for which payment is not required to be made forthwith at the time of assessment, the petition shall be made within ten (10) days after the date of assessment or due date, whichever is later. For any assessment which has been paid, this petition shall be made within thirty (30) days after such payment. At the hearing, the board of review shall try the issues presented according to the law, the facts and within the guidelines established by the commissioner, and shall notify the person so appealing of its determination, and if the board of review orders the payment of any license taxes, tag, permit fees or penalties, the person shall pay the amount so determined, plus any damages and interest, if any, within ten (10) days after the order is issued or such further time as the board shall prescribe.

If any person feels aggrieved by the decision of the board of review, he may apply to the commission by petition, in writing, within thirty (30) days after notice is mailed to him, for a hearing and correction of the decision of the said board, in which petition he shall set forth the reasons such hearing should be granted and the relief which he is seeking. The commission shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. After the proceeding, the State Tax Commission may make such order in the matter as may appear to it just and lawful and shall furnish a copy of the order to the petitioner.

Any person aggrieved by the final order of the State Tax Commission, and required to pay the taxes, tag, permit fees or penalties, may of right secure judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 121. Section 27-33-41, Mississippi Code of 1972, is amended as follows:

27-33-41. The administration of this article is hereby vested in the State Tax Commission, and it shall have the power and the authority necessary to secure compliance with its provisions uniformly throughout the state. The commission shall, in addition to its general duties of administration of the article, do the specific things set out in this section:

(a) It shall adopt and issue to tax assessors, clerks, boards of supervisors, and all other officers or offices to which this article applies, rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999, not inconsistent with the provisions of the article, affecting the applications and all proceedings, records, hearings and other pertinent subjects, relating to property for which a homestead exemption is claimed; and such rules and regulations shall be observed by such officers, boards and offices, in all respects, and in the performance of any and all duties imposed and powers granted by this article.

(b) It shall prescribe the form of and furnish suitable application forms, or blanks, for the purpose of carrying out the provisions of this article, and shall deliver to each assessor a sufficient number of such blanks for the use of homeowners.

(c) It shall have authority and it shall be its duty to examine all applications for homestead exemption allowed under this article, to determine if the provisions of the article have been complied with by the applicant, the tax assessor, the board of supervisors, the clerk, and all others, and if the exemptions have been lawfully allowed; and it shall reject for reimbursement of tax loss any exemption allowed by the board which does not conform to the requirements of law in every substantial particular or for which no application has been sent to the commission as required in Section 27-33-35(a), and shall correct or have corrected any errors; and the tax loss to be reimbursed shall be adjusted to accord with the findings of the commission.

When an application is rejected, notice thereof shall be given as provided by this section, and the acceptance or objection by the board shall be determined as provided by Section 27-33-37(k).

(d) It shall have authority to examine the assessment rolls, any account register, file, document, record or paper relating to receipts and disbursements of the taxing unit or any and all matters relating to homestead exemptions allowed and tax losses to be reimbursed. It shall also have the authority to examine any report or return received by the Tax Commission to verify any claims made on homestead exemption applications.

(e) It shall have the authority to summon and examine under oath any officer or other person with respect to any matter bearing upon the exemption of a home or homes, and to do any and all other things necessary and proper to ascertain the facts with respect to any application or claim for homestead exemption; and it may require the board to furnish any information or document necessary to the performance of its duties or the correct determination of any question before it to which the board is a party.

(f) The reimbursement for the annual tax loss to the taxing units shall be due and payable in two (2) installments; the first on March 1 and the second on September 1 of each year. The clerk's certificate of tax loss when in accord with the supplemental roll and the applications as filed with the commission shall constitute a request by the board for reimbursement of the tax loss.

(g) It shall, on or before the first day of March each year, certify to the State Auditor the amount of the first installment to be paid to each taxing unit in the state, which shall be one-half (1/2) of the amount due, with adjustments, which is the amount of the first installment less any charges against the account and plus any credits by reason of previous charges which have been cancelled. However, if the copy of the county land roll, the supplemental roll and the clerk's certificate of tax loss have not been filed with and approved by the commission by February 1, the commission shall be allowed thirty (30) days after the filing of the rolls and the said certificate in which to perform the duties hereby imposed.

(h) It shall, on or before the first day of September each year, certify to the State Auditor the amount of the second installment to be paid to each taxing unit in the state, which shall be the remainder of the amount due with adjustments, which is an amount equal to the first installment less any charges against the account and plus any credits by reason of previous charges which have been cancelled. Adjustments, either charges or credits, against the amount of tax loss to any taxing unit may be made at any time as provided in subsection (j) of this section.

(i) In the event an adjustment in the amount of the tax loss has been determined by the commission, it shall give notice, in writing, to the board of supervisors, which notice shall be considered by the board at its next meeting, regular, adjourned or special. If the board accepts the adjustment, it shall promptly so advise the commission, using such form as may be prescribed and furnished by the commission. If the board objects to the adjustment, it shall promptly so advise the commission, using such forms as may be prescribed and furnished by the commission, stating in detail the grounds for its objection; and a final decision may be reached by a hearing, in person or by correspondence. Or if, within thirty (30) days after the time of consideration of the adjustment by the board, it requests a hearing on the objection, the commission shall grant the same and fix the date therefor. Such hearings before the commission shall be held as its offices in Jackson or at such other place as the commission may designate; or the commission by its duly accredited representative, may appear before the board at its usual meeting place for the hearing. In the event of disagreement between any board of supervisors on the one hand and the commission on the other hand, the decision of the commission shall be prima facie correct.

(j) It shall be the duty of the commission and it shall have authority to charge the account of any taxing unit with amounts of homestead exemption tax loss claimed by the taxing unit in the certificate of tax loss and the supplemental roll and to deduct the amount from subsequent installments, either first or second. Such charges shall be made when homestead exemption applications are rejected in whole or in part for reimbursement of tax loss or when errors are discovered in the supplemental roll or clerk's certificate of tax loss.

(k) The authority of the commission to reject an application for reimbursement of tax loss shall not be exercised later than one (1) year after the first day of January of the year next following that in which the application was filed by the applicant; but this limitation shall not apply in cases of fraud, nor where the same person was granted exemption on two (2) separate homes.

Notice of adjustments in tax loss payments and notice of applications rejected shall be given by mail, addressed to the clerk of the board, and the notice directed to the president of the board of supervisors of the county. The date of mailing shall be the date of the notice.

(l) The commission shall file and preserve full, complete and accurate records of all tax loss payments and adjustments in tax loss payments made under the provisions of this article, including the certificates of tax loss for a period of three (3) years from the date thereof. The commission shall file and preserve for a period of three (3) years all applications for homestead exemption filed with it and copies of all supplemental rolls, counting from the first day of January of the year in which they are required to be executed or made. All records enumerated may be destroyed upon the order of the commission, when kept for the time required. All other documents, records, papers and correspondence may be destroyed upon the order of the commission when considered useless.

(m) The commission shall, on or before June 1 of any year, pay the second installment, or a part thereof, to any school taxing unit upon submission to the commission of proof, in the form of a certificate of necessity, executed by the county superintendent of education for the county general school fund, or for a county school district fund, and by the city superintendent of schools for a municipal separate school district, that there is not sufficient money in the maintenance fund of the taxing unit to pay the salaries of teachers and school bus drivers for the current school term. Such payment shall be made as provided in subsection (h) of this section.

(n) The county tax collectors shall enter, or cause to be entered, all transactions regarding the titling or registration of vehicles into the statewide telecommunications system in compliance with the provisions of Section 63-21-18. Failure of any tax collector to comply with the provisions of this paragraph shall subject the county to the withholding of reimbursements of homestead exemption tax loss as provided under Section 63-21-18.

SECTION 122. Section 27-35-163, Mississippi Code of 1972, is amended as follows:

27-35-163. After an adjudicative proceeding conducted in accordance with the Mississippi Administrative procedure Law of 1999, any person, firm or corporation aggrieved by an order of the State Tax Commission assessing property for the purpose of ad valorem taxation may, within twenty (20) days after the adjournment of the meeting at which such assessment is made final, of right secure judicial review in accordance with the Mississippi Administrative Procedure law of 1999. Any person may have judicial review with supersedeas as to the amount of taxes in controversy * * * upon giving bond with sufficient sureties, to be approved by the clerk of such court, in a sum equal to the amount of taxes due on the contested value of such property as assessed by the tax commission, but never less than One Hundred Dollars ($100.00), payable to the state and conditioned to perform the judgment of the circuit court. The ad valorem taxes due on the uncontested portion of the value as set by the State Tax Commission shall be due and payable at the same time as all other ad valorem taxes are for real and personal property. * * * If the order of the State Tax Commission assessing said property be affirmed, then the person, firm or corporation who sought judicial review, and the sureties on the * * * bond, shall be liable to the state for damages at the rate of ten percent (10%) on the amount of taxes in controversy, and all cost of such judicial review.

If the state shall be aggrieved by an order of the State Tax Commission as to the assessment of such property for ad valorem taxes, the Attorney General or the district attorney, if all the property sought to be taxed is located within the judicial district for which such district attorney is elected, may, within twenty (20) days after the adjournment of the meeting at which such assessment is made final, of right, secure judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999, except no bonds shall be required of the Attorney General or district attorney who may appeal. * * *

In the event the proceeding for judicial review by the taxpayer delays the collection of the tax due by him, then such taxpayer shall be liable for and shall pay, at the time the taxes are paid to the tax collector whose duty it is to collect the taxes, interest at the rate of twelve percent (12%) per annum from the date the taxes were due until paid.

SECTION 123. Section 27-55-41, Mississippi Code of 1972, is amended as follows:

27-55-41. Any person aggrieved by an assessment for taxes made upon him by the commission, or by any other order or act of the commission in the administration of this article may, where no specific remedy is specified, apply to the board of review by petition in writing within thirty (30) days after notice is mailed to him for a hearing and a correction of the amount of tax assessed against him or other order or act appealed from. At said hearing, the board of review shall try the issues presented, according to the law, the facts and within the guidelines established by the commissioner, and shall notify the person so appealing of its determination, and if the board of review orders the payment of any taxes, the taxpayer shall pay the taxes, damages and interest, if any, within thirty (30) days after the order is issued, provided there is no application for appeal to the State Tax Commission.

If any person feels aggrieved by the decision of the board of review, he may apply to the commission by petition, in writing, within thirty (30) days after notice is mailed to him, for a hearing and correction of the decision of the said board, in which petition he shall set forth the reasons such hearing should be granted and the relief which he is seeking. The commission shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative procedure Law of 1999. If the commission orders the payment of any taxes, the taxpayer shall pay the tax, damages and interest, if any, within thirty (30) days after the order is issued. Interest shall accrue on the delinquent tax at the rate of one percent (1%) per month or part of a month from and after the expiration of the thirty-day period if not paid by that time.

Any person aggrieved by the final order of the commission, including any person charged with any tax imposed by this article and required to pay same, may of right secure judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 124. Section 27-55-339, Mississippi Code of 1972, is amended as follows:

27-55-339. Any person aggrieved by any order or act of the commission in the administration of this article may have judicial review thereof in accordance with the Mississippi administrative Procedure Law of 1999.

SECTION 125. Section 27-55-359, Mississippi Code of 1972, is amended as follows:

27-55-359. The comptroller is hereby given power and authority to make all rules and regulations, not inconsistent with the provisions of this article, with reference to all petroleum excise tax provisions and exemptions governing the making of reports and contents of same and doing any and all other duties pertaining to the making of reports and payment of taxes, and such other matters as will, in the judgment of the comptroller, contribute to a more efficient administration of all the petroleum excise tax provisions of this article. Such rules and regulations shall be made in accordance with the Mississippi Administrative Procedure Law of 1999. Such rules and regulations, when made, shall have the same binding force and effect as if incorporated in this article.

SECTION 126. Section 27-57-29, Mississippi Code of 1972, is amended as follows:

27-57-29. Any person aggrieved by any order or act of the commission in the administration of this article may, of right, have judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 127. Section 27-57-345, Mississippi Code of 1972, is amended as follows:

27-57-345. Any person aggrieved by any order or act of the commission in the administration of this article may, of right, have judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 128. Section 27-59-43, Mississippi Code of 1972, is amended as follows:

27-59-43. Any person aggrieved by any order or act of the commission in the administration of this chapter may, of right, have judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 129. Section 27-59-317, Mississippi Code of 1972, is amended as follows:

27-59-317. Any person aggrieved by any order or act of the commission in the administration of this article may, of right, have judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 130. Section 27-67-25, Mississippi Code of 1972, is amended as follows:

27-67-25. Any person improperly charged with any tax imposed by this article, and required to pay the same, may have an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 and the rules and regulations of the commission and thereafter may, of right, have judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 131. Section 27-71-5, Mississippi Code of 1972, is amended as follows:

27-71-5. (1) Upon each person approved for a permit under the provisions of the Alcoholic Beverage Control Law and amendments thereto, there is levied and imposed for each location for the privilege of engaging and continuing in this state in the business authorized by such permit, an annual privilege license tax in the amount provided in the following schedule:

(a) Manufacturer's permit, Class 1, distiller's and/or rectifier's $4,500.00

(b) Manufacturer's permit, Class 2, wine manufacturer $1,800.00

(c) Manufacturer's permit, Class 3, native wine manufacturer per 10,000 gallons or part thereof produced $10.00

(d) Native wine retailer's permit $50.00

(e) Package retailer's permit, each $900.00

(f) On-premises retailer's permit, except for clubs and common carriers, each $450.00

On purchases exceeding $5,000.00 and for each additional $5,000.00, or fraction thereof $225.00

(g) On-premises retailer's permit for wine of more than four percent (4%) alcohol by volume, but not more than twenty-one percent (21%) alcohol by volume (each) $225.00

On purchases exceeding $5,000.00 and for each additional $5,000.00, or fraction thereof $225.00

(h) On-premises retailer's permit for clubs $225.00

On purchases exceeding $5,000.00 and for each additional $5,000.00, or fraction thereof $225.00

(i) On-premises retailer's permit for common carriers, per car, plane, or other vehicle $120.00

(j) Solicitor's permit, regardless of any other provision of law, solicitor's permits shall be issued only in the discretion of the commission $100.00

(k) Filing fee for each application except for an employee identification card $25.00

(l) Temporary permit, Class 1, each $10.00

(m) Temporary permit, Class 2, each $50.00

On-premises purchases exceeding $5,000.00 and for each additional $5,000.00, or fraction thereof $225.00

(n) (i) Caterer's permit $600.00

On purchases exceeding $5,000.00 and for each additional $5,000.00, or fraction thereof $250.00

(ii) Caterer's permit for holders of on-premises retailer's permit $150.00

On purchases exceeding $5,000.00 and for each additional $5,000.00, or fraction thereof $250.00

(o) Research permit $100.00

(p) Filing fee for each application for an employee identification card $5.00

In addition to the filing fee imposed by item (k) of this subsection, a fee to be determined by the State Tax Commission may be charged to defray costs incurred to process applications. Such additional fees shall be paid into the State Treasury to the credit of a special fund account, which is hereby created, and expenditures therefrom shall be made only to defray the costs incurred by the State Tax Commission in processing alcoholic beverage applications. Any unencumbered balance remaining in the special fund account on June 30 of any fiscal year shall lapse into the State General Fund.

All privilege taxes herein imposed shall be paid in advance of doing business. The additional privilege tax imposed for an on-premises retailer's permit based upon purchases shall be due and payable on demand.

Any person who has paid the additional privilege license tax imposed by item (f), (g), (h), (m) or (n) of this subsection, and whose permit is renewed, may add any unused fraction of Five Thousand Dollars ($5,000.00) purchases to the first Five Thousand Dollars ($5,000.00) purchases authorized by the renewal permit, and no additional license tax will be required until purchases exceed the sum of the two (2) figures.

(2) There is imposed and shall be collected from each permittee, except a common carrier, solicitor, holder of an employee identification card or a temporary permittee, by the commission, an additional license tax equal to the amounts imposed under subsection (1) of this section for the privilege of doing business within any municipality or county in which the licensee is located. If the licensee is located within a municipality, the commission shall pay the amount of additional license tax to the municipality, and if outside a municipality the commission shall pay the additional license tax to the county in which the licensee is located. Payments by the commission to the respective local government subdivisions shall be made once each month for any collections during the preceding month.

(3) When an application for any permit, other than for renewal of a permit, has been rejected by the commission, such decision shall be final. Judicial review of an action by the commission may be obtained in accordance with the Mississippi Administrative Procedure Law of 1999. Another application from an applicant who has been denied a permit shall not be reconsidered within a twelve-month period.

(4) The number of permits issued by the commission shall not be restricted or limited on a population basis; however, the foregoing limitation shall not be construed to preclude the right of the commission to refuse to issue a permit because of the undesirability of the proposed location.

(5) If any person shall engage or continue in any business which is taxable hereunder without having paid the tax as provided herein, such person shall be liable for the full amount of such tax plus a penalty thereon equal to the amount thereof, and, in addition, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term of not more than six (6) months, or by both such fine and imprisonment, in the discretion of the court.

(6) It shall be unlawful for any person to consume alcoholic beverages on the premises of any hotel restaurant, restaurant, club or the interior of any public place defined in Chapter 1, Title 67, Mississippi Code of 1972, when the owner or manager thereof displays in several conspicuous places inside said establishment and at the entrances thereto a sign containing the following language: NO ALCOHOLIC BEVERAGES ALLOWED.

SECTION 132. Section 27-73-1, Mississippi Code of 1972, is amended as follows:

27-73-1. (1) If any person, firm or corporation has paid, or shall hereafter pay to the Auditor of Public Accounts, State Tax Commission or the Commissioner of Insurance, through error or otherwise, whether paid under protest or not, any ad valorem, privilege or excise tax for which such person, firm or corporation was not liable, or if any such taxpayer has paid any tax in excess of the sum properly due and such erroneous payment or overpayment has been paid into the proper treasury, the taxpayer shall be entitled to a refund of the taxes so erroneously paid. Taxes erroneously paid within the meaning of this section shall include double payment, or overpayment, or payment on state, United States, vacant and exempt land, and the purchase price paid for the redemption of lands erroneously sold for taxes.

Claims for refund under the provisions of this section shall be filed with the Auditor of Public Accounts and shall be supported by proper documents showing the overpayment or erroneous payment for which claim is made. The said auditor is hereby authorized and required to make a careful investigation and audit of all such claims and if he shall find that the taxes or moneys covered by the said claim have been erroneously paid into the treasury of the state, county, drainage or levee districts, he shall distribute such claim against each separate fund in proportion to the amount paid over to such fund in each case, and submit such audited claim with the voucher and evidence upon which the claim is based, to the Attorney General for his approval. At the request of the claimant, the Attorney General shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. The Attorney General shall have plenary power to require the claimant or the officer who collected the tax to furnish any such additional documents or information as may in his opinion be necessary or proper to enable him to determine the merits of the claim.

If the Attorney General shall be of the opinion that the claim is in proper form and complies with the requirements of this section, he shall approve the same and return it to the Auditor of Public Accounts, who shall thereupon file in his office such audited claim, together with the Attorney General's approval and all other documents relating to the claim, as a voucher, and issue his warrant on the State Treasurer in favor of the claimant for the amount of purchase money or taxes erroneously paid into the State Treasury. The auditor shall then certify to the clerk of the board of supervisors, the secretary of the drainage district board, or the secretary of the levee board, as the case may be, the amount, if any, found to be due to the claimant by the county, drainage district or levee district. Upon receipt of such certificate, the board of supervisors, or the commissioners of the drainage district or of the levee district, shall cause a warrant to be issued on the treasurer of the county or drainage or levee district, as the case may be, in favor of the claimant for the amount erroneously paid into their respective treasuries.

If the Attorney General shall disapprove the claim, he shall return it to the Auditor of Public Accounts accompanied by his opinion which shall show the reason for his disapproval, whereupon the auditor shall promptly notify the claimant of such disapproval. A claimant taxpayer being aggrieved at such disapproval may of right secure judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999. The claimant taxpayer perfecting judicial review shall file a bond in the sum of Five Hundred Dollars ($500.00) conditioned to pay all costs which may accrue in such case, which bond shall be approved by the clerk of the said court. Upon the approval of the bond, the * * * clerk of the court shall give the Attorney General and the Auditor of Public Accounts notice, as required by law, of the filing of the petition. It shall be the duty of the said auditor to promptly transmit to the court in which said appeal is pending a certified copy of the entire record of the claim as shown by the files in his office, which record shall be docketed by the clerk in the cause * * *. It shall be the duty of the Attorney General to defend on behalf of the state, and he may request the district attorney, county attorney or attorney for the drainage or levee district, as the case may be, to defend on behalf of the county, drainage or levee district. If the claimant taxpayer shall prevail, judgment shall be entered requiring the payment of the claim in like manner as if it had been duly approved by the Attorney General. If, however, the action of the Attorney General in disapproving the claim shall be affirmed by the court, judgment shall be entered against the appealing taxpayer for the costs of the proceedings.

Nothing in this section shall be so construed as to authorize the recovery or repayment of any tax heretofore levied and collected by any special road district, drainage district, or separate school district, on account of, or upon the ground that the law authorizing such tax was unconstitutional, whether the unconstitutionality of such tax be based upon the creation or mode of operation of any special road district, drainage district or separate school district. Provided further, that nothing in this section shall be construed as authorizing the refunding of state taxes paid into the State Treasury through error, or otherwise, or satisfying a judgment or decree against the state except through an appropriation therefor by the Legislature.

(2) This section shall not be construed as repealing or modifying Section 27-73-7, or any other law providing for the application for or the certification of a claim for refund, but shall be taken and construed as an additional and supplemental method of refunding taxes erroneously * * *.

SECTION 133. Section 29-1-131, Mississippi Code of 1972, is amended as follows:

29-1-131. The commission is hereby empowered and authorized to do and require to be done the following things:

(a) Prepare and furnish all necessary forms for use by persons making reports as required by Sections 29-1-125 through 29-1-143; to adopt and issue rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999 for the purpose of carrying out the provisions of said sections and for the collection of all sums due the state under the provisions hereof; and to provide for orderly and reasonable procedure for details and for situations which arise from time to time.

(b) To require the State Land Commissioner to furnish all needed data available in his office.

(c) To require the State Oil and Gas Board to furnish all needed data available in its office.

(d) To require any owner, producer, purchaser, or transporter of any oil, gas, or other minerals to furnish any needed and useful information pertinent to the administration of the cited sections, and in the possession of any such parties; and to require the said persons to furnish monthly reports with respect to current operations.

(e) To require any chancery clerk, or other officer in the state having public records, to furnish copies of any needed and useful information or record in his possession.

Any member of the commission or its authorized agents shall have the authority to examine any book, paper, record, or other data when considered necessary or useful in the administration of the aforesaid sections, and this shall include the right to examine the records of any bank, any common carrier, or any dealer in materials or merchandise commonly used in the severance of oil, gas, or other minerals from land; the commission shall have the right to summon any person as a witness to testify to any pertinent fact; and the commission, through the Attorney General, may have proceedings instituted in the chancery court to compel compliance with the foregoing provisions.

(f) Make use of any tax return in its possession, when such return contains information relative to matters connected with the administration of said sections.

SECTION 134. Section 29-7-17, Mississippi Code of 1972, is amended as follows:

29-7-17. (1) Any person found by the commission to be violating any of the provisions of Section 29-7-3, or any rule or regulation or written order of the commission in pursuance thereof, or any condition or limitation of a permit shall be subject to a civil penalty of not more than Ten Thousand Dollars ($10,000.00) for each violation, such penalty to be assessed and levied by the commission after it has conducted an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. Each day upon which a violation occurs shall be deemed a separate and additional violation. Any person against whom a penalty may be assessed may, of right, secure judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999. If the person perfecting judicial review desires to stay the execution of a civil penalty assessed by the commission, he shall give bond with sufficient resident sureties of one or more guaranty or surety companies authorized to do business in this state, payable to the State of Mississippi, in an amount equal to double the amount of any civil penalty assessed by the commission, as to which the stay of execution is desired, on the condition that if the judgment shall be affirmed the appellant shall pay all costs of the assessment entered against him.

(2) In lieu of, or in addition to, the penalty provided in subsection (1) of this section, the commission shall have power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of Section 29-7-3, rules and regulations promulgated, and orders and permits made and issued thereunder, in the * * * chancery * * * court of the county in which venue may lie. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and it shall not be necessary in such cases that the state plead or prove: (i) that irreparable damage would result if the injunction did not issue; (ii) that there is no adequate remedy at law; or (iii) that a written complaint or commission order has first been issued for the alleged violation.

(3) Any person who violates any of the provisions of, or fails to perform any duty imposed by, Section 29-7-3 or any rule or regulation issued hereunder, or who violates any order or determination of the commission promulgated pursuant to such section, and causes the death of fish, shellfish, or other wildlife shall be liable, in addition to the penalties provided in subsections (1), (2), (4) and (5) of this section, to pay to the state an additional amount equal to the sum of money reasonably necessary to restock such waters or replenish such wildlife as determined by the commission after consultation with the Mississippi Commission on Wildlife Conservation. Such amount may be recovered by the commission on behalf of the state in a civil action brought in the chancery court of the county in which venue may lie.

(4) Any person who, through misadventure, happenstance or otherwise causes damage to or destruction of state-owned lands or structures or other property thereon necessitating remedial or clean-up action shall be liable for the cost of such remedial or clean-up action and the commission may recover the cost of same by a civil action brought in the chancery court of the county in which venue may lie. This penalty may be recovered in lieu of or in addition to the penalties provided in subsections (1), (2), (3) and (5) of this section.

(5) It shall be unlawful for any person to conduct unauthorized mineral exploration, development, or extraction activity or to violate the provisions of Section 29-7-3 or the rules and regulations of the commission which relate to mineral exploration, development, or extraction activity and, upon conviction thereof, such person shall be guilty of a misdemeanor, and fined not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) for each offense. Each day on which such violation occurs or continues shall constitute a separate offense.

(6) In lieu of or in addition to the penalties prescribed hereinabove, any person convicted by a court of law or found guilty by the commission of unlawful mineral extraction activity on state-owned lands shall repay to the state the fair market value of the minerals unlawfully extracted.

(7) Proceedings before the commission on civil violations prescribed hereinabove shall be conducted in the manner provided for adjudicative proceeding in the Mississippi Administrative Procedure Law of 1999. Judicial review thereof shall be in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 135. Section 31-3-13, Mississippi Code of 1972, is amended as follows:

31-3-13. The board shall have the following powers and responsibilities:

(a) To receive applications for certificates of responsibility, to investigate and examine applicants for same by holding hearings and securing information, to conduct examinations, and to issue certificates of responsibility to such contractors as the board finds to be responsible. One-fourth (1/4) of the certificates scheduled for renewal on the last day of December 1980, shall be reviewed by the board on the first Tuesday in January 1981. The remaining certificates shall be subject to renewal in the following manner: One-fourth (1/4) on the first Tuesday in April 1981; one-fourth (1/4) on the first Tuesday in July 1981; and one-fourth (1/4) on the first Tuesday in October 1981. The board is authorized to extend the dates of expiration of certificates to coincide with the scheduled date of review of individual contractors. Except for the certificates extended from December 31, 1980, to the first Tuesday in January 1981, the board shall charge fees for the extension of certificates as follows:

(i) Twenty-five Dollars ($25.00) if the date of renewal of the extended certificate is the first Tuesday in April 1981;

(ii) Fifty Dollars ($50.00) if the date of renewal of the extended certificate is the first Tuesday in July 1981; and

(iii) Seventy-five Dollars ($75.00) if the date of renewal of the extended certificate is the first Tuesday in October 1981.

The extended certificates renewed in compliance with this paragraph (a) and all original certificates and renewals thereof issued on or after July 1, 1980, shall expire one (1) year from the date of issuance. No certificate or any renewal thereof shall be issued until the application has been on file with the board for at least thirty (30) days. Application for renewal of certificates of responsibility, together with the payment of a special privilege license tax as provided under this chapter, shall serve to extend the current certificate until the board either renews the certificate or denies the application.

No certificate of responsibility or any renewal thereof shall be issued until the applicant furnishes to the board his Mississippi state sales tax number or Mississippi state use tax number and his state income tax identification numbers.

Additional fees may be required as provided in Section 31-3-14.

The board shall conduct an objective, standardized examination of an applicant for a certificate to ascertain the ability of the applicant to make practical application of his knowledge of the profession or business of construction in the category or categories for which he has applied for a certificate of responsibility. The cost of the test and the cost of administering the test shall be paid for by applicants for certificates of responsibility at the time applications are filed. The board shall investigate thoroughly the past record of all applicants, which will include an effort toward ascertaining the qualifications of applicants in reading plans and specifications, estimating costs, construction ethics, and other similar matters. The board shall take all applicants under consideration after having examined him or them and go thoroughly into the records and examinations, prior to granting any certificate of responsibility. If the applicant is an individual, examination may be taken by his personal appearance for examination or by the appearance for examination of one or more of his responsible managing employees; and if a copartnership or corporation or any other combination or organization, by the examination of one or more of the responsible managing officers or members of the executive staff of the applicant's firm, according to its own designation.

(b) To conduct thorough investigations of all applicants seeking renewal of their licenses and of all complaints filed with the board concerning the performance of a contractor on a public or private project.

(c) To obtain information concerning the responsibility of any applicant for a certificate of responsibility or a holder of a certificate of responsibility under this chapter. Such information may be obtained by investigation, by hearings, or by any other reasonable and lawful means. The board shall keep such information appropriately filed and shall disseminate same to any interested person. The board shall have the power of subpoena.

(d) To maintain a list of contractors to whom certificates of responsibility are issued, refused, revoked or suspended, which list shall be available to any interested person. Such list shall indicate the kind or kinds of works or projects for which a certificate of responsibility was issued, refused, revoked or suspended.

(e) To revoke by order entered on its minutes a certificate of responsibility upon a finding by the board that a particular contractor is not responsible, and to suspend such certificate of responsibility in particular cases pending investigation, upon cause to be stated in the board's order of suspension. No such revocation or suspension shall be ordered without a hearing conducted upon not less than ten (10) days' notice to such certificate holder by certified or registered mail, wherein the holder of the certificate of responsibility shall be given an opportunity to present all lawful evidence which he may offer.

(f) To adopt rules and regulations setting forth the requirements for certificates of responsibility, the revocation or suspension thereof, and all other matters concerning same; rules and regulations governing the conduct of the business of the board and its employees; and such other rules and regulations as the board finds necessary for the proper administration of this chapter, including those for the conduct of its hearings on the revocation or suspension of certificates of responsibility. Such rules and regulations shall not conflict with the provisions of this chapter and shall be in accordance with the Mississippi Administrative Procedure Law of 1999.

(g) The board shall have the power and responsibility to classify the kind or kinds of works or projects that a contractor is qualified and entitled to perform under the certificate of responsibility issued to him. Such classification shall be specified in the certificate of responsibility.

The powers of the State Board of Contractors shall not extend to fixing a maximum limit in the bid amount of any contractor, or the bonding capacity, or a maximum amount of work which a contractor may have under contract at any time, except as stated in paragraph (a) of this section; and the Board of Contractors shall not have jurisdiction or the power or authority to determine the maximum bond a contractor may be capable of obtaining. The board, in determining the qualifications of any applicant for an original certificate of responsibility or any renewal thereof, shall, among other things, take into consideration the following: (1) experience and ability, (2) character, (3) the manner of performance of previous contracts, (4) financial condition, (5) equipment, (6) personnel, (7) work completed, (8) work on hand, (9) ability to perform satisfactorily work under contract at the time of an application for a certificate of responsibility or a renewal thereof, (10) default in complying with provisions of this law, or any other law of the state, and (11) the results of objective, standardized examinations. Upon denial by the board of an original certificate of responsibility or any renewal thereof, the applicant shall upon his request have a right to an adjudicative proceeding thereon in accordance with the Mississippi Administrative Procedure Law of 1999. A record shall be made and preserved by the board of each examination of an applicant and the findings of the board thereon, and a certified copy of the record and findings shall be furnished to any applicant desiring to appeal from any order or decision of the board.

(h) The board shall enter upon its minutes an order or decision upon each application filed with it, and it may state in such order or decision the reason or reasons for its order or decision.

(i) The applicant shall have the right to judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

The holder of any valid certificate of responsibility issued by the Board of Public Contractors prior to January 1, 1986, shall be automatically issued a certificate of responsibility by the State Board of Contractors for the same classification or classifications of work which the holder was entitled to perform under the State Board of Public Contractors Act.

SECTION 136. Section 31-3-23, Mississippi Code of 1972, is amended as follows:

31-3-23. Any person aggrieved by any order or decision of the board may of right secure judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999. If the judgment be reversed, the * * * court * * * shall render such order or judgment as the board ought to have rendered, and certify the same to the board; and costs shall be awarded as in other cases. The board may employ counsel to defend such judicial review, to be paid out of the funds in the State Board of Contractors Fund.

The remedies provided under this chapter for any aggrieved applicant shall not be exclusive, but shall be cumulative of and supplemental to any other remedies which he may otherwise have in law or in equity, whether by injunction or otherwise.

SECTION 137. Section 33-13-607, Mississippi Code of 1972, is amended as follows:

33-13-607. (1) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that his property has been wrongfully taken by members of the state military forces, he may, subject to such regulations as the Governor may prescribe, convene a board to investigate the complaint. The board shall consist of from one (1) to three (3) commissioned officers, and for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and the amount approved by him shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection (3), on any disbursing officer for the payment by him to the injured parties of the damages so assessed and approved.

(2) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military funds of the units of the state military forces to which the offenders belonged.

(3) Any person subject to this code who is accused of causing willful damage to property has the right to be represented by counsel, to summon witnesses in his behalf, and to cross-examine those appearing against him. The counsel mentioned herein will be military counsel, provided by the commanding officer instituting this injury. The accused may also employ civilian counsel of his own choosing at his own expense. He has the right of appeal to the next higher commander.

SECTION 138. Section 33-15-31, Mississippi Code of 1972, is amended as follows:

33-15-31. (a) The governing bodies of the political subdivisions of the state and other agencies designated or appointed by the Governor are authorized and empowered to make, amend, and rescind such orders, rules, and regulations as may be necessary for emergency management purposes and to supplement the carrying out of the provisions of this article, but not inconsistent with any orders, rules and regulations promulgated by the Governor or by any state agency exercising a power delegated to it by him.

(b) All orders, rules, and regulations promulgated by the Governor, the Mississippi Emergency Management Agency or by any political subdivision or other agency authorized by this article to make orders, rules and regulations, shall have the full force and effect of law, when, in the event of issuance by the Governor, or any state agency, a copy thereof is filed in the office of the Secretary of State, or, if promulgated by a political subdivision of the state or agency thereof, when filed in the office of the clerk of the political subdivision or agency promulgating the same. All such rules and regulations may be made in accordance with the Mississippi Administrative procedure Law of 1999. All existing laws, ordinances, rules and regulations inconsistent with the provisions of this article, or of any order, rule, or regulation issued under the authority of this article, shall be suspended during the period of time and to the extent that such conflict, disaster or emergency exists.

(c) In order to attain uniformity so far as practicable throughout the country in measures taken to aid emergency management, all action taken under this article and all orders, rules and regulations made pursuant thereto, shall be taken or made with due consideration to the orders, rules, regulations, actions, recommendations, and requests of federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with such orders, rules, regulations, actions, recommendations and requests.

SECTION 139. Section 35-1-7, Mississippi Code of 1972, is amended as follows:

35-1-7. The duties of the State Veterans Affairs Board shall be to assist former and present members of the Armed Forces of the United States, and their dependents, in securing any benefits or privileges under any federal or state law or regulation to which they are entitled and to advise the Governor and Legislature on veterans affairs. Moreover, veterans or their dependents shall be given their choice of organizations to represent them in instances where a case is appealed, and the board shall lend its full cooperation in connection therewith.

The board and its employees shall cooperate fully with all congressionally chartered veterans organizations within the state, including servicing the power of attorney of the congressionally chartered veterans organizations upon the request of the organizations to the State Veterans Affairs Board in the prosecution of all claims on behalf of veterans. However, all powers of attorney to the State Veterans Affairs Board shall be processed first, and thereafter, powers of attorney shall be processed for veterans organizations in the ratio that the membership of the organization bears to the total number of veterans residing in Mississippi.

The State Veterans Affairs Board is designated as the "state approving agency" for the State of Mississippi. It shall be the duty of the State Veterans Affairs Board to inspect, approve and supervise schools, institutions and establishments for war orphan and veteran training as provided in Section 1771, Chapter 35, Title 38, United States Code, and in any subsequent acts passed by the Congress of the United States for the purpose of education and training of war orphans or former and present members of the Armed Forces of the United States. The State Veterans Affairs Board is authorized to employ the needed personnel to perform the duties as outlined in Section 1771, Chapter 35, Title 38, United States Code, and in any subsequent acts as enacted by the Congress of the United States, and to enter into contract with the Department of Veterans Affairs for salary and travel reimbursement for personnel employed for this purpose.

The State Veterans Affairs Board shall operate all Mississippi state veterans homes when established as authorized by Sections 35-1-19 through 35-1-29.

The State Veterans Affairs Board is authorized to adopt such policies and to prescribe such rules and regulations as it may deem necessary for the proper administration of this chapter in accordance with the Mississippi Administrative Procedure Law of 1999. However, such policies and regulations shall not be in conflict with any of the provisions of this chapter.

SECTION 140. Section 35-7-7, Mississippi Code of 1972, is amended as follows:

35-7-7. The administration of the provisions hereof is vested in a Veterans' Home Purchase Board consisting of six (6) members who shall be appointed, or reappointed, by the Governor, with the advice and consent of the Senate. Members appointed to the board shall be veterans of either World War II, the Korean Conflict, the Southeast Asia Conflict, the Persian Gulf Conflict or have served in active duty for at least one hundred eighty (180) days during a time of war or a conflict in which a campaign ribbon or medal was issued and shall possess a background in business, banking, real estate or the legal profession which enables them to carry out the duties of the board. Appointments shall be staggered, with each Governor appointing or reappointing two (2) members in the first year of his administration; one (1) member in the second year, two (2) members in the third year, and one (1) member in the fourth year. Appointments for terms that expire in 1988 shall be made as follows: One (1) shall be made for a term ending on July 1, 1989; one (1) shall be made for a term ending on July 1, 1991; and two (2) shall be made for a term ending on July 1, 1992. Persons appointed to succeed the two (2) members whose terms expired in 1986, or any such member holding over after 1986 because no successor was appointed, shall serve until July 1, 1990. After the expiration of the foregoing terms, all appointments shall be for a term of four (4) years from the expiration date of the previous term. From and after July 1, 1988, one (1) appointee shall be selected from each of the five (5) congressional districts of this state as such districts are composed on May 1, 1987, and one (1) appointee shall be selected from the state-at-large. Any vacancy occurring during a term shall be filled by appointment of a member for the unexpired portion of the term.

The board is hereby authorized and empowered to make and promulgate such reasonable rules and regulations under this chapter as it shall deem to be necessary or advisable in accordance with the Mississippi Administrative Procedure Law of 1999 and to enforce the same. The board shall have authority to render final decision on the purchase application process, approval of purchases, funding of purchase commitments, servicing loans and default, property security, management, resale, release from security, and all other matters relating to the purchases and loans made under this law. The board shall likewise by an order spread on its minutes elect a chairman and vice chairman to serve for one-year terms, and all such officers are eligible to succeed themselves in such offices. The chairman may appoint a three-member loan committee from the membership of the board and shall specify the conditions, responsibilities and authority of such committee.

Each member of the board and his successor shall be reimbursed all his actual and necessary traveling and other expenses incurred in the attendance of the meetings of the board or in the performance of other duties in connection with the business of the board as provided for state officers and employees in Section 25-3-41, and shall be allowed a per diem as provided in Section 25-3-69 for such attendance; provided that the number of days per diem shall not exceed sixty-six (66) days for the chairman and fifty (50) days for other members of the board during any one (1) fiscal year. The above limitation of days per year shall not apply to board members appointed on a full-time basis to the loan committee.

The director, or other executive officer employed by the board, shall execute a surety bond in the sum of One Hundred Thousand Dollars ($100,000.00), conditioned upon the faithful performance of his duties and upon his accounting for all moneys coming into his hands; and each employee handling funds shall execute a like bond in the sum of Fifteen Thousand Dollars ($15,000.00), and the premiums thereon shall be paid from the funds provided for administering this chapter.

The board may designate one (1) of its employees as the acting director or executive officer by a vote of the majority of the members of the board, officially recorded in the minutes of a regular or special meeting, and such acting director shall be vested with all the authority conferred upon the director by the provisions of this chapter; but such acting director may not serve for a continuous period of time in excess of six (6) months, and the acting director, when so designated, will be required to furnish surety bond in the same amount and under the same conditions as the director. The purpose of this provision is to designate an executive officer during any temporary illness, absence or incapacity of the regularly designated director.

The board may select and employ such expert, technical and clerical assistance as in its judgment may be necessary in the proper administration of said board and fix the salaries of such employees.

The board is empowered to employ auditors and accountants to examine the books, accounts and records of the board if it so desires, and the board is also authorized to employ legal counsel if it deems such a course necessary in the proper administration of its affairs.

SECTION 141. Section 37-3-2, Mississippi Code of 1972, is amended as follows:

37-3-2. (1) There is hereby established within the State Department of Education the Commission on Teacher and Administrator Education, Certification and Licensure and Development. It shall be the purpose and duty of the commission to make recommendations to the State Board of Education regarding standards for the certification and licensure and continuing professional development of those who teach or perform tasks of an educational nature in the public schools of Mississippi.

(2) The commission shall be composed of fifteen (15) qualified members. The membership of the commission shall be composed of the following members to be appointed three (3) from each congressional district: four (4) classroom teachers; three (3) school administrators; one (1) representative of schools of education of institutions of higher learning located within the state to be recommended by the Board of Trustees of State Institutions of Higher Learning; one (1) representative from the schools of education of independent institutions of higher learning to be recommended by the Board of the Mississippi Association of Independent Colleges; one (1) representative from public community and junior colleges located within the state to be recommended by the State Board for Community and Junior Colleges; one (1) local school board member; and four (4) lay persons. All appointments shall be made by the State Board of Education after consultation with the State Superintendent of Public Education. The first appointments by the State Board of Education shall be made as follows: five (5) members shall be appointed for a term of one (1) year; five (5) members shall be appointed for a term of two (2) years; and five (5) members shall be appointed for a term of three (3) years. Thereafter, all members shall be appointed for a term of four (4) years.

(3) The State Board of Education when making appointments shall designate a chairman. The commission shall meet at least once every two (2) months or more often if needed. Members of the commission shall be compensated at a rate of per diem as authorized by Section 25-3-69 and be reimbursed for actual and necessary expenses as authorized by Section 25-3-41.

(4) An appropriate staff member of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve as executive secretary and coordinator for the commission. No less than two (2) other appropriate staff members of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve on the staff of the commission.

(5) It shall be the duty of the commission to:

(a) Set standards and criteria, subject to the approval of the State Board of Education, for all educator preparation programs in the state;

(b) Recommend to the State Board of Education each year approval or disapproval of each educator preparation program in the state;

(c) Establish, subject to the approval of the State Board of Education, standards for initial teacher certification and licensure in all fields;

(d) Establish, subject to the approval of the State Board of Education, standards for the renewal of teacher licenses in all fields;

(e) Review and evaluate objective measures of teacher performance, such as test scores, which may form part of the licensure process, and to make recommendations for their use;

(f) Review all existing requirements for certification and licensure;

(g) Consult with groups whose work may be affected by the commission's decisions;

(h) Prepare reports from time to time on current practices and issues in the general area of teacher education and certification and licensure;

(i) Hold hearings concerning standards for teachers' and administrators' education and certification and licensure with approval of the State Board of Education;

(j) Hire expert consultants with approval of the State Board of Education;

(k) Set up ad hoc committees to advise on specific areas; and

(l) Perform such other functions as may fall within their general charge and which may be delegated to them by the State Board of Education.

(6) (a) Standard License-Approved Program Route. An educator entering the school system of Mississippi for the first time and meeting all requirements as established by the State Board of Education shall be granted a standard five-year license. Persons who possess two (2) years of classroom experience as an assistant teacher or who have taught for one (1) year in an accredited public or private school shall be allowed to fulfill student teaching requirements under the supervision of a qualified participating teacher approved by an accredited college of education. The local school district in which the assistant teacher is employed shall compensate such assistant teachers at the required salary level during the period of time such individual is completing student teaching requirements. Applicants for a standard license shall submit to the department:

(i) An application on a department form;

(ii) An official transcript of completion of a teacher education program approved by the department or a nationally accredited program, subject to the following: Licensure to teach in Mississippi kindergarten through Grade 4 shall require the completion of an interdisciplinary program of studies. Licenses for Grades 4 through 8 shall require the completion of an interdisciplinary program of studies with two (2) or more areas of concentration. Licensure to teach in Mississippi Grades 7 through 12 shall require a major in an academic field other than education, or a combination of disciplines other than education. Students preparing to teach a subject shall complete a major in the respective subject discipline. All applicants for standard licensure shall demonstrate that such person's college preparation in those fields was in accordance with the standards set forth by the National Council for Accreditation of Teacher Education (NCATE) or the National Association of State Directors of Teacher Education and Certification (NASDTEC);

(iii) A copy of test scores evidencing satisfactory completion of nationally administered examinations of achievement, such as the Educational Testing Service's teacher testing examinations. The State Board of Education is directed to study and develop a report on the progress of the nationally administered examination of achievement for students in an approved teacher education program. This report shall develop data for the period beginning July 1, 1997, and ending June 30, 1998. The state board, with the assistance of the commission, shall prepare the results of the study and make a report thereon to the Education Committees of the Legislature utilizing the following components:

1. Collect data on entrance and exit performance of students in a teacher education program;

2. Report on student performance as compared to the required examination score;

3. Develop and make recommendations on necessary requirement revisions as may be appropriate based on student performance results;

4. Include other such formats as may best describe the profile of the student examination results; and

(iv) Any other document required by the State Board of Education.

(b) Standard License-Alternate Teaching Route. Applicants for a standard license-alternate teaching route shall submit to the department:

(i) An application on a department form;

(ii) An official transcript evidencing a bachelors degree from an accredited institution of higher learning;

(iii) A copy of test scores evidencing satisfactory completion of an examination of achievement specified by the commission and approved by the State Board of Education;

(iv) An official transcript evidencing appropriate credit hours or a copy of test scores evidencing successful completion of tests as required by the State Board of Education; and

(v) Any other document required by the State Board of Education.

A Standard License-Approved Program Route and a Standard License-Alternate Teaching Route shall be issued for a five-year period, and may be renewed. Recognizing teaching as a profession, a hiring preference shall be granted to persons holding a Standard License-Approved Program Route or Standard License-Alternate Teaching Route over persons holding any other license.

(c) Special License-Expert Citizen. In order to allow a school district to offer specialized or technical courses, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may grant a one-year expert citizen-teacher license to local business or other professional personnel to teach in a public school or nonpublic school accredited or approved by the state. Such person may begin teaching upon his employment by the local school board and licensure by the Mississippi Department of Education. The board shall adopt rules and regulations to administer the expert citizen-teacher license. A special license-expert citizen may be renewed in accordance with the established rules and regulations of the State Department of Education.

(d) Special License-Nonrenewable. The State Board of Education is authorized to establish rules and regulations to allow those educators not meeting requirements in subsection (6)(a), (b) or (c) to be licensed for a period of not more than three (3) years, except by special approval of the State Board of Education.

(e) Nonlicensed Teaching Personnel. A nonlicensed person may teach for a maximum of three (3) periods per teaching day in a public school or a nonpublic school accredited/approved by the state. Such person shall submit to the department a transcript or record of his education and experience which substantiates his preparation for the subject to be taught and shall meet other qualifications specified by the commission and approved by the State Board of Education. In no case shall any local school board hire non-licensed personnel as authorized under this paragraph in excess of five percent (5%) of the total number of licensed personnel in any single school.

(f) In the event any school district meets Level 4 or 5 accreditation standards, the State Board of Education may, in its discretion, exempt such school district from any restrictions in paragraph (e) relating to the employment of non-licensed teaching personnel.

(7) Administrator License. The State Board of Education is authorized to establish rules and regulations and to administer the licensure process of the school administrators in the State of Mississippi. There will be four (4) categories of administrator licensure with exceptions only through special approval of the State Board of Education.

(a) Administrator License-Nonpracticing. Those educators holding administrative endorsement but have no administrative experience or not serving in an administrative position on January 15, 1997.

(b) Administrator License-Entry Level. Those educators holding administrative endorsement and having met the department's qualifications to be eligible for employment in a Mississippi school district. Administrator license - entry level shall be issued for a five-year period and shall be non-renewable.

(c) Standard Administrator License-Career Level. An administrator who has met all the requirements of the department for standard administrator licensure.

(d) Administrator License-Alternate Route. The board may establish an alternate route for licensing administrative personnel. Such alternate route for administrative licensure shall be available for persons holding, but not limited to, a masters of business administration degree, a masters of public administration degree or a masters of public planning and policy degree from an accredited college or university, with five (5) years of administrative or supervisory experience. Successful completion of the requirements of alternate route licensure for administrators shall qualify the person for a standard administrator license.

Beginning with the 1997-1998 school year, individuals seeking school administrator licensure under paragraph (b), (c) or (d) shall successfully complete a training program and an assessment process prescribed by the State Board of Education. Applicants seeking school administrator licensure prior to June 30, 1997, and completing all requirements for provisional or standard administrator certification and who have never practiced, shall be exempt from taking the Mississippi Assessment Battery Phase I. Applicants seeking school administrator licensure during the period beginning July 1, 1997, through June 30, 1998, shall participate in the Mississippi Assessment Battery, and upon request of the applicant, the department shall reimburse the applicant for the cost of the assessment process required. After June 30, 1998, all applicants for school administrator licensure shall meet all requirements prescribed by the department under paragraph (b), (c) or (d), and the cost of the assessment process required shall be paid by the applicant.

(8) Reciprocity. (a) The department shall grant a standard license to any individual who possesses a valid standard license from another state and has a minimum of two (2) years of full-time teaching or administrator experience.

(b) The department shall grant a nonrenewable special license to any individual who possesses a credential which is less than a standard license or certification from another state, or who possesses a standard license from another state but has less than two (2) years of full-time teaching or administration experience. Such special license shall be valid for the current school year plus one (1) additional school year to expire on June 30 of the second year, not to exceed a total period of twenty-four (24) months, during which time the applicant shall be required to complete the requirements for a standard license in Mississippi.

(9) Renewal and Reinstatement of Licenses. The State Board of Education is authorized to establish rules and regulations for the renewal and reinstatement of educator and administrator licenses.

(10) All controversies involving the issuance, revocation, suspension or any change whatsoever in the licensure of an educator required to hold a license shall be initially heard in an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999, by the commission or by a subcommittee established by the commission and composed of commission members for the purpose of holding hearings. Any complaint seeking the denial of issuance, revocation or suspension of a license shall be by sworn affidavit filed with the Commission of Teacher and Administrator Education, Certification and Licensure and Development. The decision thereon by the commission or its subcommittee shall be final, unless the aggrieved party shall appeal to the State Board of Education, within ten (10) days, of the decision of the committee or its subcommittee. An appeal to the State Board of Education shall be on the record previously made before the commission or its subcommittee unless otherwise provided by rules and regulations adopted by the board. The State Board of Education in its authority may reverse, or remand with instructions, the decision of the committee or its subcommittee. The decision of the State Board of Education shall be final.

(11) The State Board of Education, acting through the commission, may deny an application for any teacher or administrator license for one or more of the following:

(a) Lack of qualifications which are prescribed by law or regulations adopted by the State Board of Education;

(b) Has a physical, emotional or mental disability that renders the applicant unfit to perform the duties authorized by the license, as certified by a licensed psychologist or psychiatrist;

(c) Is actively addicted to or actively dependent on alcohol or other habit-forming drugs or is a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effect, at the time of application for a license;

(d) Revocation of a certificate or license by another state;

(e) Committed fraud or deceit in securing or attempting to secure such certification and license;

(f) Fails or refuses to furnish reasonable evidence of identification;

(g) Has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law; or

(h) Has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense as defined by federal or state law.

(12) The State Board of Education, acting on the recommendation of the commission, may revoke or suspend any teacher or administrator license for specified periods of time for one or more of the following:

(a) Breach of contract or abandonment of employment may result in the suspension of the license for one (1) school year as provided in Section 37-9-57, Mississippi Code of 1972;

(b) Obtaining a license by fraudulent means shall result in immediate suspension and continued suspension for one (1) year after correction is made;

(c) Suspension or revocation of a certificate or license by another state shall result in immediate suspension or revocation and shall continue until records in the prior state have been cleared;

(d) Has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law;

(e) Has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense, as defined by federal or state law; or

(f) Knowingly and willfully committing any of the acts affecting validity of mandatory uniform test results as provided in Section 37-16-4(1), Mississippi Code of 1972.

(13) (a) Dismissal or suspension of a licensed employee by a local school board pursuant to Section 37-9-59, Mississippi Code of 1972, may result in the suspension or revocation of a license for a length of time which shall be determined by the commission and based upon the severity of the offense.

(b) Any offense committed or attempted in any other state shall result in the same penalty as if committed or attempted in this state.

(c) A person may voluntarily surrender a license. The surrender of such license may result in the commission recommending any of the above penalties without the necessity of a hearing. However, any such license which has voluntarily been surrendered by a licensed employee may be reinstated by a unanimous vote of all members of the commission.

(14) A person whose license has been suspended on any grounds except criminal grounds may petition for reinstatement of the license after one (1) year from the date of suspension, or after one-half (1/2) of the suspended time has lapsed, whichever is greater. A license suspended on the criminal grounds may be reinstated upon petition to the commission filed after expiration of the sentence and parole or probationary period imposed upon conviction. A revoked license may be reinstated upon satisfactory showing of evidence of rehabilitation. The commission shall require all who petition for reinstatement to furnish evidence satisfactory to the commission of good character, good mental, emotional and physical health and such other evidence as the commission may deem necessary to establish the petitioner's rehabilitation and fitness to perform the duties authorized by the license.

(15) Reporting procedures and hearing procedures for dealing with infractions under this section shall be promulgated by the commission, subject to the approval of the State Board of Education. The revocation or suspension of a license shall be effected at the time indicated on the notice of suspension or revocation. The commission shall immediately notify the superintendent of the school district or school board where the teacher or administrator is employed of any disciplinary action and also notify the teacher or administrator of such revocation or suspension and shall maintain records of action taken. The State Board of Education may reverse or remand with instructions any decision of the commission regarding a petition for reinstatement of a license, and any such decision of the State Board of Education shall be final.

(16) Any action of the State Board of Education in denying an application, revoking or suspending a license or otherwise disciplining any person under the provisions of this section, shall be subject to judicial review as provided in the Mississippi Administrative Procedure Law of 1999. The party perfecting judicial review shall prepay all costs, including the cost of preparation of the record of the proceedings by the State Board of Education, and file a bond in the sum of Two Hundred Dollars ($200.00) conditioned that if the action of the board be affirmed by the * * * court, the applicant or license holder shall pay the costs of the judicial review.

(17) All such programs, rules, regulations, standards and criteria recommended or authorized by the commission shall become effective upon approval by the State Board of Education as designated by appropriate orders entered upon the minutes thereof and upon compliance with the Mississippi Administrative Procedure Law of 1999.

(18) The granting of a license shall not be deemed a property right nor a guarantee of employment in any public school district. A license is a privilege indicating minimal eligibility for teaching in the public schools of Mississippi. This section shall in no way alter or abridge the authority of local school districts to require greater qualifications or standards of performance as a prerequisite of initial or continued employment in such districts.

(19) In addition to the reasons specified in subsection (8) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 142. Section 37-17-5, Mississippi Code of 1972, is amended as follows:

37-17-5. It shall be the purpose of the Commission on School Accreditation to continually review the standards on accreditation and the enforcement thereof and to make recommendations thereon to the State Board of Education. All controversies involving the accreditation of schools shall be initially heard by a duly authorized representative of the commission as an adjudicative hearing in accordance with the Mississippi Administrative Procedure Law of 1999. After the conclusion of the proceeding, the duly authorized representative of the commission shall make a recommendation to the commission as t the resolution of the controversies, and the commission, after considering the * * * record and the recommendation of its representative, shall make its decision which becomes final unless the local school board of the school district involved shall appeal to the State Board of Education, which appeal shall be on the record previously made before the commission's representative except as may be provided by rules and regulations adopted by the State Board of Education in accordance with the Mississippi Administrative Procedure Law of 1999. Such rules and regulations may provide for the submission of new factual evidence. Any party aggrieved by the final decision of the State Board of Education shall have a right to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. The commission may select a competent and qualified court reporter to record and transcribe all hearings held before its duly authorized representative whose fees and costs of transcription shall be paid by the school district involved within forty-five (45) days after having been notified of such costs and fees by the commission. An appropriate member of the staff of the State Department of Education shall be designated by the State Superintendent of Public Education to serve as executive secretary of the commission.

SECTION 143. Section 37-23-73, Mississippi Code of 1972, is amended as follows:

37-23-73. In the event of disapproval by the State Department of Education of an application for financial assistance payable from department funds, the department shall give notice to the applicant, through the parent or guardian of, or person standing in loco parentis to, the applicant, or to the public school district, by certified mail. Any applicant, through the parent or guardian of, or the person standing in loco parentis to, the applicant, or to the public school district, may, within ten (10) days after receipt of such notice, apply to the State Board of Education for a hearing, and shall be afforded an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. If the board shall affirm the previous action of disapproval of the application, notice shall be given to the applicant, through the parent or guardian of, or the person standing in loco parentis to, the applicant, or to the public school district, by certified mail. Any applicant aggrieved by the action of the board may, through the parent or guardian of, or the person standing in loco parentis to, the applicant or to the public school district secure judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 144. Section 37-33-263, Mississippi Code of 1972, is amended as follows:

37-33-263. (1) The State Board of Health shall establish in the State Department of Health a program to:

(a) Identify and investigate spinal cord and traumatic brain injuries; and

(b) Maintain a central registry for cases of spinal cord and traumatic brain injuries.

(2) The State Department of Health shall design the registry program so that it will:

(a) Provide information in a central data bank of accurate, precise and current information on spinal cord and traumatic brain injuries;

(b) Provide for the collection of such data to identify risk factors and causes of spinal cord and traumatic brain injuries;

(c) Provide information for early identification of spinal cord and traumatic brain injuries:

(d) Provide for the dissemination of such data for the purposes of care and support for persons with spinal cord and traumatic brain injuries;

(e) Provide for the analysis of such data for the purpose of prevention.

(3) The State Board of Health shall adopt rules, regulations and procedures to govern the operation of the registry program and to carry out the intent of this section.

(4) The State Board of Health in its rules and regulations shall specify the types of information to be provided to the spinal cord and traumatic brain injuries registry and the persons and entities who are required to provide such information to the registry.

(5) The State Board of Health by rule shall prescribe the manner in which records and other information are made available to the State Department of Health.

(6) Information collected and analyzed by the State Department of Health under this section shall be placed in a central registry to facilitate research and to maintain security.

(a) Data obtained under this section directly from the medical records of a patient is for the confidential use of the State Department of Health and the persons or public or private entities that the State Department of Health determines are necessary to carry out the intent of this section. The data is privileged and may not be divulged or made public in a manner that discloses the identity of an individual whose medical records have been used for obtaining data under this section.

(b) Information that may identify an individual whose medical records have been used for obtaining data under this section is not available for public inspection under the Mississippi Public Records Act of 1983.

(c) Statistical information collected under this section is public information.

(7) The State Department of Health may use the registry to:

(a) Investigate the causes of spinal cord and traumatic brain injuries and other health conditions as authorized by statute;

(b) Design and evaluate measures to prevent the occurrence of spinal cord and traumatic brain injuries, and other conditions;

(c) Conduct other investigations and activities necessary for the State Board of Health and the State Department of Health to fulfill their obligation to protect the public health; and

(d) Identify those persons who cannot achieve complete independence after suffering spinal cord and traumatic brain injuries.

(8) Any person or entity who misuses the information provided to the registry shall be subject to a civil penalty of Five Hundred Dollars ($500.00) for each such failure or misuse. Such penalty shall be assessed and levied by the State Board of Health after an adjudicative proceeding in accordance with the Administrative Procedure Law of 1999, and all such penalties collected shall be deposited into the State General Fund.

(9) The State Health Officer may appoint or delegate his authority to establish and appoint an advisory council, for the purposes of this section, to the State Department of Rehabilitation Services Advisory Council on Spinal Cord Injuries and Traumatic Brain Injuries. The advisory council may designate a subcommittee to act as the registry's advisor. The State Board of Health shall consult and be advised by the committee on the promulgation of rules, regulations and procedures for the purposes of this section.

SECTION 145. Section 37-45-27, Mississippi Code of 1972, is amended as follows:

37-45-27. In conducting any hearing, the commission shall not be required to follow common law or statutory rules of evidence or the technical or formal rules of procedure but the commission shall not conduct such hearings inconsistent with the Mississippi Administrative procedure Law of 1999. Any such hearing may be conducted in such manner as the commission may deem best to ascertain and determine the physical, mental, moral, social and educational welfare of the educable children involved, the efficiency of the operation of the schools, and the economic and social welfare of the various school areas involved.

SECTION 146. Section 37-45-31, Mississippi Code of 1972, is amended as follows:

37-45-31. The commission, or the chairman thereof, at any regular or recessed meeting, or the chairman in vacation, or the executive secretary in vacation pursuant to the direction of the chairman made at any time, is hereby empowered to issue under the seal of the commission and in its name, subpoenas in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 147. Section 37-45-33, Mississippi Code of 1972, is amended as follows:

37-45-33. In case of the failure or refusal on the part of any person to comply with any subpoena issued as authorized in Section 37-45-31, or in case of the refusal of any witness to testify or answer to any matter regarding which he may be lawfully interrogated, the compliance of that person may be secured in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 148. Section 37-45-37, Mississippi Code of 1972, is amended as follows:

37-45-37. At any hearing held by the commission under the provisions of Chapter 47 of this title, or under any other statute, the proceedings shall be recorded and preserved in accordance with the Mississippi Administrative Procedure Law of 1999, at the expense of any county board of education or board of trustees of any municipal separate school district involved, jointly or severally * * *. The proceedings shall be recorded and preserved under the supervision of said commission, or the secretary thereof * * *.

SECTION 149. Section 37-45-41, Mississippi Code of 1972, is amended as follows:

37-45-41. In the event of judicial review, the transcript and record of proceeding before the commission shall be prepared in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 150. Section 37-45-47, Mississippi Code of 1972, is amended as follows:

37-45-47. All costs taxed by the commission in any hearing or proceeding shall be had within forty-five (45) days after the date of any * * * order of the commission becomes final and is subject to no further judicial review.

In the event said costs are not so paid, said commission shall certify the same to the State Board of Education and unless said costs shall have been paid the said State Board of Education shall deduct the amount thereof, as to any county board of education, from the next allotment to said county for administrative expenses, and as to any municipal separate school district from its next allotment of Two Hundred Dollars ($200.00) per teacher unit. Such amount shall be paid to the commission, which shall deposit same in the State Treasury, and the same shall then be disbursed to the person to whom it is owing by proper warrant upon order of the commission. The provisions of this section shall not relieve the obligation of any surety upon any * * * bond.

SECTION 151. Section 37-45-51, Mississippi Code of 1972, is amended as follows:

37-45-51. Any school board of a school district aggrieved by any final rule, regulation or order of the commission shall have the right of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

After the perfection of judicial review, the party seeking judicial review shall file a bond in the sum of Five Hundred Dollars ($500.00) with two (2) sufficient sureties or with a surety company qualified to do business in Mississippi as the surety, conditioned to pay the cost of such judicial review. Said bond shall be approved by the clerk of the court. The perfection of a proceeding for judicial review shall not stay or suspend the operation of any rule, regulation or order of the commission * * *.

SECTION 152. Section 37-45-57, Mississippi Code of 1972, is amended as follows:

37-45-57. In the event of judicial review at the instance of any county board of education or board of trustees of any municipal separate school district from any final rule, regulation or order of the State Educational Finance Commission, it shall be the duty and responsibility of such * * * county board or board of trustees seeking judicial review, under the supervision of the executive secretary of said commission, to prepare or cause to be prepared the record in accordance with the Mississippi Administrative Procedure Law of 1999. The cost of making and filing such record shall be an item of cost of judicial review, which shall be paid by party seeking judicial review. The cost of such record shall not be in excess of the cost of a similar record on appeal from a chancery court of this state to the Supreme Court of Mississippi.

SECTION 153. Section 37-45-61, Mississippi Code of 1972, is amended as follows:

37-45-61. From an adverse decision of the chancery court, either party may appeal to the supreme court of the State of Mississippi. Said appeal shall be taken and perfected within thirty days and in the same manner provided by law for other appeals to the supreme court from the judgments of chancery courts, and upon appeal to the supreme court, the same shall be heard and disposed of as a preference cause as promptly and as expeditiously as the circumstances will permit.

SECTION 154. Section 37-47-17, Mississippi Code of 1972, is amended as follows:

37-47-17. Applications for the expenditure of funds to the credit of any school district in the state public school building fund shall originate with the school board of the school district entitled to such funds. Before any funds to the credit of a school district shall be expended for capital improvements or the retirement of outstanding bonded indebtedness, the school board of such school district shall prepare and submit an application in such form as may be prescribed by the commission. There shall be included with such application a statement in which there is set forth the enrollment and average daily attendance in the schools of the district divided as to schools and grades, the number of teachers employed, the facilities in use, the facilities to be provided with the funds to be expended, the outstanding school indebtedness, and such other information as the commission may require. Such application and statement shall be submitted directly to the commission and approved or disapproved by it. The decision of the commission shall be final subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. In the event any application shall be disapproved by the commission, the school board submitting same shall be notified of such disapproval, which notice of disapproval shall be accompanied by a statement of the reason or reasons for such disapproval.

The commission shall approve only those applications which are found to be proper under the provisions of this chapter and the applicable rules and regulations of the commission. When an application is approved for the expenditure of funds for capital improvements, the contract for the construction of such capital improvements shall be entered into and awarded by the school board of the school district in the manner provided in this chapter; however, the contract for construction of a secondary vocational and technical training center for exclusive use and operation by a school district may be entered into and awarded by the board of trustees of a junior college district where a grant of federal funds by the Appalachian Commission has been made to the board of trustees of such junior college district to assist in financing construction of such secondary vocational and technical training facility for such school district.

SECTION 155. Section 37-47-67, Mississippi Code of 1972, is amended as follows:

37-47-67. Any county board of education or board of trustees of any school district, including a municipal separate school district, which may be aggrieved by any final rule, regulation, or order of the state educational finance commission adopted under the provisions of this chapter shall have the right of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 156. Section 37-151-61, Mississippi Code of 1972, is amended as follows:

37-151-61. Any school board of any school district which may be aggrieved by any final rule, regulation or order of the State Board of Education adopted under the provisions of this chapter shall have the right to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. SECTION 157. Section 41-4-7, Mississippi Code of 1972, is amended as follows:

41-4-7. The State Board of Mental Health shall have the following powers and duties:

(a) To appoint a full-time executive director of the Department of Mental Health, who shall be employed by the board and shall serve as executive secretary to the board. The first director shall be a duly licensed physician with special interest and competence in psychiatry, and shall possess a minimum of three (3) years' experience in clinical and administrative psychiatry. Subsequent directors shall possess at least a master's degree or its equivalent, and shall possess at least ten (10) years' administrative experience in the field of mental health. The salary of the executive director shall be determined by the board;

(b) To set up state plans for the purpose of controlling and treating any and all forms of mental and emotional illness, alcoholism, drug misuse and developmental disabilities;

(c) To supervise, coordinate and establish standards for all operations and activities of the state related to mental health and providing mental health services, including but not limited to: The requirement that no person be approved for treatment which is paid for by funds made available through the department who has not had a treatment plan established as a result of having been seen by a licensed physician or licensed clinical psychologist and that physician or clinical psychologist signing these plans stating that he/she has personally evaluated the client and that the treatment plan is medically necessary. A physician or clinical psychologist shall recertify each client's record at least semiannually (except for persons with a diagnosis of mental retardation/developmental disability which shall be completed annually), and more often if medically indicated by physically visiting the client and certifying same in the record. The board shall have the authority to develop and implement all standards and plans and shall have the authority to establish appropriate actions, including financially punitive actions, to insure enforcement of these established standards, in accordance with the Mississippi Administrative Procedure Law of 1999. (Section 25-43-1.101 et seq.);

(d) To enter into contracts with any other state or federal agency, or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest;

(e) To collect reasonable fees for its services; provided, however, if it is determined that a person receiving services is unable to pay the total fee, the department shall collect any amount such person is able to pay;

(f) To certify, coordinate and establish minimum standards and establish minimum required services for regional mental health and mental retardation commissions and other community service providers for community or regional programs and services in mental health, mental retardation, alcoholism, drug misuse, developmental disabilities, compulsive gambling, addictive disorders and related programs throughout the state. Such regional mental health and mental retardation commissions and other community service providers shall submit an annual operational plan to the State Department of Mental Health for approval or disapproval based on the minimum standards and minimum required services established by the department for certification. If the department finds deficiencies in the plan of any regional commission or community service provider based on the minimum standards and minimum required services established for certification, the department shall give the regional commission or community service provider a six-month probationary period to bring its standards and services up to the established minimum standards and minimum required services. After the six-month probationary period, if the department determines that the regional commission or community service provider still does not meet the minimum standards and minimum required services established for certification, the department may remove the certification of the commission or provider. However, the department shall not mandate a standard or service, or decertify a regional commission or community service provider for not meeting a standard or service, if the standard or service does not have funding appropriated by the Legislature or have a funding source from the State Department of Mental Health or a local funding source. The State Board of Mental Health shall promulgate rules and regulations necessary to implement the provisions of this paragraph (f), in accordance with the Mississippi Administrative Procedure Law of 1999. (Section 25-43-1.101 et seq.);

(g) To establish and promulgate reasonable minimum standards for the construction and operation of state and all Department of Mental Health certified facilities, including reasonable minimum standards for the admission, diagnosis, care, treatment, transfer of patients and their records, and also including reasonable minimum standards for providing day care, outpatient care, emergency care, inpatient care and follow-up care, when such care is provided for persons with mental or emotional illness, mental retardation, alcoholism, drug misuse and developmental disabilities;

(h) To assist community or regional programs consistent with the purposes of this chapter by making grants and contracts from available funds;

(i) To establish and collect reasonable fees for necessary inspection services incidental to certification or compliance;

(j) To accept gifts, trusts, bequests, grants, endowments or transfers of property of any kind;

(k) To receive monies coming to it by way of fees for services or by appropriations;

(l) To serve as the single state agency in receiving and administering any and all funds available from any source for the purpose of service delivery, training, research and education in regard to all forms of mental illness, mental retardation, alcoholism, drug misuse and developmental disabilities, unless such funds are specifically designated to a particular agency or institution by the federal government, the Mississippi Legislature or any other grantor;

(m) To establish mental health holding centers for the purpose of providing short-term emergency mental health treatment, places for holding persons awaiting commitment proceedings or awaiting placement in a state mental health facility following commitment, and for diverting placement in a state mental health facility. These mental health holding facilities shall be readily accessible, available statewide, and be in compliance with emergency services' minimum standards. They shall be comprehensive and available to triage and make appropriate clinical disposition including the capability to access inpatient services or less restrictive alternatives, as needed, as determined by medical staff. Such facility shall have medical, nursing and behavioral services available on a 24-hour-a-day basis. The board may provide for all or part of the costs of establishing and operating the holding centers in each district from such funds as may be appropriated to the board for such use, and may participate in any plan or agreement with any public or private entity under which the entity will provide all or part of the costs of establishing and operating a holding center in any district;

(n) To certify/license case managers, mental health therapists, mental retardation therapists, mental health/retardation program administrators, addiction counselors and others as deemed appropriate by the board. Persons already professionally licensed by another state board or agency are not required to be certified/licensed under this section by the Department of Mental Health. The department shall not use professional titles in its certification/licensure process for which there is an independent licensing procedure. Such certification/licensure shall be valid only in the state mental health system, in programs funded and/or certified by the Department of Mental Health, and/or in programs certified/licensed by the State Department of Health that are operated by the state mental health system serving the mentally ill, mentally retarded, developmental disabled or persons with addictions, and shall not be transferrable;

(o) To develop formal mental health worker qualifications for regional mental health and mental retardation commissions and other community service providers. The State Personnel Board shall develop and promulgate a recommended salary scale and career ladder for all regional mental health/retardation center therapists and case managers who work directly with clients. The State Personnel Board shall also develop and promulgate a career ladder for all direct care workers employed by the State Department of Mental Health;

(p) The employees of the department shall be governed by personnel merit system rules and regulations, the same as other employees in state services;

(q) To establish such rules and regulations as may be necessary in carrying out the provisions of this chapter, including the establishment of a formal grievance procedure to investigate and attempt to resolve consumer complaints;

(r) To grant easements for roads, utilities and any other purpose it finds to be in the public interest;

(s) To survey statutory designations, building markers and the names given to mental health/retardation facilities and proceedings in order to recommend deletion of obsolete and offensive terminology relative to the mental health/retardation system;

(t) To ensure an effective case management system directed at persons who have been discharged from state and private psychiatric hospitals to ensure their continued well-being in the community;

(u) To develop formal service delivery standards designed to measure the quality of services delivered to community clients, as well as the timeliness of services to community clients provided by regional mental health/retardation commissions and other community services providers;

(v) To establish regional state offices to provide mental health crisis intervention centers and services available throughout the state to be utilized on a case-by-case emergency basis. The regional services director, other staff and delivery systems shall meet the minimum standards of the Department of Mental Health;

(w) To require performance contracts with community mental health/mental retardation service providers to contain performance indicators to measure successful outcomes, including diversion of persons from inpatient psychiatric hospitals, rapid/timely response to emergency cases, client satisfaction with services and other relevant performance measures;

(x) To enter into interagency agreements with other state agencies, school districts and other local entities as determined necessary by the department to ensure that local mental health service entities are fulfilling their responsibilities to the overall state plan for behavioral services;

(y) To establish and maintain a toll-free grievance reporting telephone system for the receipt and referral for investigation of all complaints by clients of state and community mental health/retardation facilities; * * *

(z) To establish a peer review/quality assurance evaluation system that assures that appropriate assessment, diagnosis and treatment is provided according to established professional criteria and guidelines;

(aa) To develop and implement state plans for the purpose of assisting with the care and treatment of persons with Alzheimer's disease and other dementia. This plan shall include education and training of service providers, care-givers in the home setting and others who deal with persons with Alzheimer's disease and other dementia, and development of adult day care, family respite care and counselling programs to assist families who maintain persons with Alzheimer's disease and other dementia in the home setting. No agency shall be required to provide any services under this section until such time as sufficient funds have been appropriated or otherwise made available by the Legislature specifically for the purposes of the treatment of persons with Alzheimer's and other dementia;

(bb) To make rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999; and

(cc) To conduct adjudicative proceedings in accordance with the Mississippi Administrative Procedure Law of 1999.

Nothing in this section shall be construed as applying to or affecting mental health/retardation services provided by hospitals as defined in Section 41-9-3(a), and/or their subsidiaries and divisions, which hospitals, subsidiaries and divisions are licensed and regulated by the Mississippi State Department of Health unless such hospitals, subsidiaries or divisions voluntarily request certification by the Mississippi State Department of Mental Health.

All new programs authorized under this section shall be subject to the availability of funds appropriated therefor by the Legislature.

SECTION 158. Section 41-7-201, Mississippi Code of 1972, is amended as follows:

41-7-201. (1) The provisions of this subsection (1) shall apply to any party appealing any final order of the State Department of Health pertaining to a certificate of need for a home health agency, as defined in Section 41-7-173(h)(ix):

(a) In addition to other remedies now available at law or in equity, any party aggrieved by any such final order of the State Department of Health shall have the right to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

(b) The filing of such an application for judicial review of a final order of the State Department of Health * * * shall not stop the purchase of medical equipment or development or offering of institutional health services granted in a certificate of need issued by the State Department of Health. A certificate of need issued by the State Department of Health shall take effect immediately upon issuance.

SECTION 159. Section 41-7-202, Mississippi Code of 1972, is amended as follows:

41-7-202. There shall be a "stay of proceedings" of any written decision of the State Department of Health pertaining to a certificate of need for a home health agency, as defined in Section 41-7-173(h)(ix), for a period of thirty (30) days from the date of that decision. The stay of proceedings shall expire at the termination of thirty (30) days; however, no license to operate any such home health agency that is the subject of the decision shall be issued by the licensing agency, and no certification for such home health agency to participate in the Title XVIII or Title XIX programs of the Social Security Act shall be granted until all proceedings for judicial review have been exhausted or the time for perfecting such judicial review has expired. The stay of proceedings provided for in this section shall not apply to any party pursuing judicial review of any final order of the State Department of Health pertaining to a certificate of need for any health care facility as defined in Section 41-7-173(h), with the exception of any home health agency as defined in Section 41-7-173(h)(ix).

SECTION 160. Section 41-9-31, Mississippi Code of 1972, is amended as follows:

41-9-31. Any applicant or licensee aggrieved by the decision of the licensing agency may upon request have an adjudicative hearing in accordance with the Mississippi Administrative Procedure Law of 1999. The decision of the licensing agency shall be subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. Pending final disposition of the matter on judicial review the status quo of the applicant or licensee shall be preserved, except as the court otherwise orders in the public interest. Rules with respect to court costs in other cases in chancery shall apply equally to cases hereunder.

SECTION 161. Section 41-26-5, Mississippi Code of 1972, is amended as follows:

41-26-5. (1) In addition to any other duties required by law, the board shall have the following powers and duties concerning safe drinking water:

(a) To establish policies, requirements or standards governing the source, collection, distribution, purification, treatment and storage of water for public water systems as it deems necessary for the provision of safe drinking water;

(b) To adopt, modify, repeal and promulgate, after due notice and hearing and in accordance with the Mississippi Administrative Procedure Law of 1999 and Section 41-26-6, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing the powers and duties of the board under this chapter;

(c) To enter into, and to authorize the director to execute contracts, grants and cooperative agreements with, any federal or state agency or subdivision thereof, interstate agency, or any other person in connection with carrying out this chapter; and

(d) To discharge other powers, duties and responsibilities which may be necessary to implement this chapter.

(2) (a) Except as provided in Section 41-26-5(2)(b), regulations adopted under this section shall apply to each public water system in the state.

(b) Regulations shall not apply to a public water system:

(i) Which consists only of distribution and storage facilities, and which does not have any collection and treatment facilities;

(ii) Which obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply;

(iii) Which does not sell water to any person; and

(iv) Which is not a carrier which conveys passengers in interstate commerce.

(3) The board shall develop and implement a technical assistance program to help existing potentially non-viable community public water systems to become viable and to improve the technical, managerial or financial capabilities of small community public water systems. In developing this program, the board shall work cooperatively with organizations which currently provide training and assistance to public water systems.

SECTION 162. Section 41-26-7, Mississippi Code of 1972, is amended as follows:

41-26-7. (1) In addition to any other duties required by law, the director shall have the following powers and duties concerning safe drinking water:

(a) To exercise general supervision over the administration and enforcement of this chapter and applicable rules and regulations;

(b) To make inspections and investigations, collect samples and carry on research and analyses as may be necessary to carry out this chapter and applicable rules and regulations;

(c) To enter at all reasonable times onto any property other than the interior of a private dwelling to make inspections, conduct investigations or studies or enforce this chapter and applicable rules and regulations;

(d) To enter into contracts, grants or cooperative arrangements with any federal or state agency or subdivision thereof, interstate agency or any other person;

(e) To receive financial and technical assistance from the federal government and other public or private agencies or organizations;

(f) To participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations;

(g) To establish adequate fiscal controls and accounting procedures to assure proper disbursement of and account for funds appropriated or otherwise necessary to carry out this chapter;

(h) To conduct adjudicative proceedings in accordance with the Mississippi Administrative Procedure Law of 1999 and otherwise hold hearings, issue, modify or revoke orders, levy and collect any administrative fine or penalty and to enforce the laws, rules and regulations governing safe drinking water;

(i) To keep any records and make reports with respect to the activities of the department;

(j) To delegate any powers, duties and responsibilities as deemed appropriate to administer this chapter including delegation of any powers and duties regarding administrative enforcement to a designated administrative law judge or hearing officer; and

(k) To perform all acts necessary to carry out this chapter or the federal act.

SECTION 163. Section 41-26-19, Mississippi Code of 1972, is amended as follows:

41-26-19. (1) Any hearing under this chapter may be conducted by the director or an administrative law judge or an administrative hearing officer designated by the director as an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

In case of contumacy or refusal to obey a notice of hearing or subpoena issued, the chancery court shall have jurisdiction as other matters of civil enforcement in accordance with the Mississippi Administrative Procedure Law of 1999. At the conclusion of the proceedings, an order may be entered, including the assessment of a penalty, which, in the opinion of the director, will best further the purposes of this chapter.

(2) All proceedings shall be recorded and preserved in accordance with the Mississippi Administrative Procedure Law of 1999 and subject to transcription upon order of the director or any interested person. If the request for transcription originates with an interested person, that person shall pay the cost prior to the production of the transcription.

SECTION 164. Section 41-26-21, Mississippi Code of 1972, is amended as follows:

41-26-21. Following the hearing, the presiding official shall enter an order which shall become a final order of the director * * * within thirty (30) days after the date * * * the final order was made * * *. Any person who is aggrieved by any final order, thereafter may seek judicial review of the final order in the Court of Appeals of the State of Mississippi in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 165. Section 41-26-23, Mississippi Code of 1972, is amended as follows:

41-26-23. (1) There is created in the State Treasury a fund to be designated as the "Drinking Water Quality Analysis Fund." The fund shall be treated as a special trust fund. Interest earned on the principal in the fund shall be credited by the Treasurer to the fund. The fund may receive monies from any available public or private source, including fees, proceeds and grants. The department shall expend or utilize monies in the fund to pay all reasonable direct and indirect costs of water quality analysis and related activities as required by the federal Safe Drinking Water Act, as amended. Monies in the fund at the end of the fiscal year shall be retained in the fund for use in the succeeding fiscal year. Except as provided in subsection (5) of this section, if the annual fees collected exceed the cost of administering the water quality analysis program in that fiscal year, the excess shall be applied to the cost of administering the program in the succeeding fiscal year. In the succeeding fiscal year, the total to be collected from fees shall be reduced by the excess retained in the fund and the assessment rates shall be adjusted proportionately.

(2) The department annually shall assess and collect fees for water quality analysis and related activities as required by the federal Safe Drinking Water Act, as amended, which shall not exceed One Dollar and Ninety Cents ($1.90) per connection or Forty Thousand Dollars ($40,000.00) per system, whichever is less. The department annually shall adopt by rule, in accordance with the Mississippi Administrative Procedure Law of 1999 and following a public hearing, a fee schedule to cover all reasonable direct and indirect costs of water quality analysis and related activities as required by the federal Safe Drinking Water Act, as amended. In adopting a fee schedule, the department shall consider the recommendations of the advisory committee created in this section, if those recommendations are made in a timely manner as provided.

(3) An advisory committee is created to study the program needs and costs for the implementation of the water quality analysis program and to conduct an annual review of the needs and costs of administering that program. The annual review shall include an independent recommendation on an equitable fee schedule for the succeeding fiscal year. Each annual review report shall be due to the department by May 1. The advisory committee shall consist of one (1) member appointed by the Mississippi Rural Water Association, one (1) member appointed by the Mississippi Municipal Association, one (1) member appointed by the Mississippi Association of Supervisors and one (1) member appointed by the Mississippi Water and Pollution Control Operators Association, Inc.

(4) All suppliers of water for which water quality analysis and related activities as required by the federal Safe Drinking Water Act, as amended, are performed by the State Department of Health shall pay the water quality analysis fee within forty-five (45) days following receipt of an invoice from the department. In the discretion of the department, any supplier of water required to pay the fee shall be liable for a penalty equal to a maximum of two (2) times the amount of fees due and payable plus an amount necessary to reimburse the costs of delinquent fee collection for failure to pay the fee within ninety (90) days following the receipt of the invoice. Any person making sales to customers of water for residential, noncommercial or nonagricultural use and who recovers the fee required by this section or any portion thereof from any customer shall indicate on each statement rendered to customers that these fees are for water quality analyses required by the federal government under the Safe Drinking Water Act, as amended.

(5) There is created within the Drinking Water Quality Analysis Fund an equipment capital expenditure account, hereinafter referred to as the "account." The department may transfer any excess fees, not exceeding ten percent (10%) of the total fees assessed under this section, to the account. The balance in the account shall not exceed Five Hundred Thousand Dollars ($500,000.00). Funds in the account shall be used by the department, as appropriated by the Legislature, to defray the costs of purchasing new equipment or repairing existing equipment for the analysis of drinking water.

SECTION 166. Section 41-26-31, Mississippi Code of 1972, is amended as follows:

41-26-31. (1) If the director finds any person guilty of a violation of this chapter, any rule or regulation or written order of the director or any condition or limitation of an approval, the director may assess and levy a civil penalty of not more than Twenty-five Thousand Dollars ($25,000.00) for each violation, except as provided in Section 41-26-8(3). Each day of a continuing violation is a separate violation. Any penalty shall be assessed and levied by the director after a hearing as provided in this chapter. Judicial review of the imposition of the civil penalty may be had with the Mississippi Administrative Procedure Law of 1999. If the appellant desires to stay the execution of a civil penalty assessed under this section, the appellant shall give bond with sufficient sureties of one or more guaranty or surety companies authorized to do business in this state, payable to the State of Mississippi, in an amount equal to double the amount of any civil penalty assessed by the director, as to which the stay of execution is desired. If the judgment is affirmed, the appellant shall pay all costs of the assessment entered against the appellant.

(2) In addition to or in lieu of the penalty provided in subsection (1) of this section, the director may institute and maintain in the name of the state any administrative proceedings in accordance with the Mississippi Administrative Procedure Law of 1999 necessary or appropriate to enforce this chapter, any rule or regulation or written order of the director or any condition or limitation of an approval. The proceedings may be filed and heard in the appropriate circuit, chancery, county or justice court of the county in which venue may lie, or in the Circuit, Chancery or County Court of the First Judicial District of Hinds County, as the case may be. The director may obtain mandatory or prohibitory injunctive relief, either temporary or permanent. In cases of imminent and substantial hazard or endangerment, it shall not be necessary that the state plead or prove: (a) that irreparable damage would result if the injunction did not issue; (b) that there is no adequate remedy at law; or (c) that a written order has first been issued for the alleged violation.

(3) In determining the amount of any penalty under this section, the director shall consider at a minimum:

(a) The willfulness of the violation;

(b) Costs of restoration and abatement;

(c) Economic benefit as a result of noncompliance;

(d) The seriousness of the violation, including any harm or hazard to the public health and welfare; and

(e) Past performance history.

(4) (a) The owner of any public water system found in violation of this chapter may submit to the director a plan for:

(i) The physical consolidation of the system with one or more other viable public water systems;

(ii) The consolidation of significant management and administrative functions of the system with one or more other viable public water systems or contract or satellite management of the system; or

(iii) The transfer of ownership of the system.

(b) If the director approves the plan and the plan is fully implemented as determined by the director, the director shall waive any penalty assessed under this section for a violation identified in the approved plan before the date on which the action specified in the approved plan was completed.

(5) (a) In addition to or in lieu of any other penalty imposed under this section, the director may require the owner of any public water system found in violation to provide a performance bond or other acceptable financial security instrument including, but not limited to, cash, negotiable bonds of the United States government or the state, or negotiable certificates of deposit or a letter of credit of any bank organized or transacting business in the state and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or a similar federal banking or savings and loan insurance organization to the department. The bond or financial security must be approved by the director. The purpose of the bond or other financial security shall be the protection of the health and welfare of the customers of the system. The board shall establish by regulation the acceptable forms of financial security and the amount of financial security required for the various types and sizes of facilities. The director shall notify the owner, in writing, of the form and amount of security required.

(b) The director may petition the Chancery Court of the First Judicial District of Hinds County for forfeiture of the bond or other financial security, if the director determines that:

(i) The continued operation or lack of operation of the system covered by this section represents a threat to the public health and welfare;

(ii) All reasonable and practical efforts under the circumstances have been made to obtain corrective actions from the violators; and

(iii) It does not appear that corrective actions can or will be taken within an appropriate time as determined by the director, or it appears the facility has been abandoned.

(c) The proceeds of any forfeiture shall be deposited in the Public Water Systems Bond Operations Account of the Public Water Systems Assistance Fund and shall be used as ordered by the court to address or correct the noncompliance at the system. The proceeds shall be in addition to any other funds otherwise appropriated to the department and may be expended under the authority of this section without additional action of the Legislature or the Department of Finance and Administration.

(d) If the court finds that a system has been abandoned or that services of a system have been terminated, the court may enter any orders regarding continued operations of that system as it deems necessary to protect the public health and welfare.

(6) (a) Any penalty assessed by the director under this section shall be due and payable within thirty (30) days after notification of the violator of the order, and shall be due and payable jointly or severally, as the order may require or allow.

(b) If the assessed penalty is not paid within the thirty (30) days, or within any additional time as the director may allow, the director may file suit in the Circuit Court of the First Judicial District of Hinds County or any other court with appropriate jurisdiction to enforce the order, collect the penalty and recover reasonable attorney's fees and all court costs.

(c) A copy of the administrative order shall be sufficient proof as to the decision of the director.

(7) All fines and penalties recovered or collected by the director under subsection 1 of this section shall be deposited in the Public Water Systems Technical Assistance Account of the Public Water Systems Assistance Fund.

SECTION 167. Section 41-29-129, Mississippi Code of 1972, is amended as follows:

41-29-129. (1) A registration to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the State Board of Pharmacy upon a finding that the registrant:

(a) Has willfully furnished false or fraudulent material information in any application filed under this article;

(b) Has been convicted of a felony within the past five (5) years and has not been pardoned and his citizenship restored under any state or federal law relating to any controlled substance;

(c) Has had his federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances;

(d) Has violated or failed to comply with any duly promulgated regulation of the State Board of Pharmacy which reflects adversely on the registrant's reliability and integrity with respect to controlled substances;

(e) Has violated the Uniform Controlled Substances Law of the State of Mississippi;

(f) Has violated any duly promulgated rule or regulation of the State Board of Pharmacy pertaining to the manufacture, distribution, storage, possession, control or dispensing of controlled substances;

(g) Has been convicted of a violation relating to any substance defined in this article as a controlled substance.

(2) The State Board of Pharmacy may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.

(3) If the board or the State Board of Pharmacy suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for perfecting judicial review has lapsed or until judicial review has been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the state. All state professional or business licensing agencies shall promptly notify the bureau of all orders of suspensions or revocations which are the result of drug violations or drug-related matters.

(4) The bureau shall promptly notify the federal bureau of narcotics and dangerous drugs of all orders suspending or revoking registration and all forfeitures of controlled substances.

SECTION 168. Section 41-29-131, Mississippi Code of 1972, is amended as follows:

41-29-131. (1) Upon presentation before the State Board of Pharmacy by any person showing grounds for denying, suspending or revoking a controlled substance registration, or refusing a renewal of registration, the State Board of Pharmacy may, in its discretion, deny such registration, revoke or suspend such registration or refuse a renewal of such registration.

(2) Before denying, suspending or revoking a registration, or refusing a renewal of registration, the State Board of Pharmacy shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended, or why the renewal should not be refused. The order to show cause shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the State Board of Pharmacy for an adjudicative proceeding conducted in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

(3) Judicial review of orders of the State Board of Pharmacy shall be had in accordance with the Mississippi Administrative Procedure Law of 1999. The party seeking judicial review shall, together with the notice of judicial review, forward to and post with the board a satisfactory bond in the amount of Two Hundred Dollars ($200.00) for the payment of any costs which may be adjudged against him.

(4) These proceedings shall be conducted in accordance with the Mississippi Administrative Procedure Law of 1999 without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registration, which shall remain in effect pending the outcome of the administrative hearing.

(5) The Mississippi Bureau of Drug Enforcement or the State Board of Pharmacy may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under Section 41-29-129, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the suspending agency or dissolved by the reviewing court * * *.

SECTION 169. Section 41-29-163, Mississippi Code of 1972, is amended as follows:

41-29-163. All final determinations, findings and conclusions of the board, the bureau or the State Board of Pharmacy under this article are final and conclusive decisions of the matters involved. Except as otherwise provided by Section 41-29-176, any person aggrieved by the decision may obtain judicial review of the decision in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 170. Section 41-29-165, Mississippi Code of 1972, is amended as follows:

41-29-165. Any person being aggrieved by any conviction or order of any board or commission authorized under this article shall have a right to judicial review of said order or conviction in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 171. Section 41-35-7, Mississippi Code of 1972, is amended as follows:

41-35-7. It shall be the duty of the State Board of Health: (1) to enforce the provisions of this chapter; (2) to promulgate such rules and regulations as shall, under this chapter, be necessary for the purpose under this chapter, and such as the state board of health may deem necessary for the further and proper guidance of local health officers, etc., in accordance with the Mississippi Administrative Procedure Law of 1999; (3) to provide for the gratuitous distribution of a scientific prophylactic for inflammation of the eyes of the new born, together with proper directions for the use and administration thereof, to all physicians and midwives as may be engaged in the practice of obstetrics or assisting at childbirth; (4) to provide, if necessary, daily inspection and prompt and gratuitous treatment to any infant whose eyes are infected with inflammation of the eyes; the state board of health, if necessary, shall defray the expenses of such treatment from such sums as may be appropriated for its use; (5) to publish and promulgate such further advice and information concerning the dangers of inflammation of the eyes of the new born and the necessity for prompt and effective treatment; (6) to furnish copies of this chapter to all physicians and midwives as may be engaged in the practice of obstetrics or assisting at childbirth; (7) to keep a proper record of any and all such cases of inflammation of the eyes of the new born, as shall be filed in the office of the state board of health, in pursuance with this chapter, and as may come to its attention in any way, and to constitute such record a part of the annual report to the governor and legislature; (8) to report any and all violations of this chapter as may come to its attention, to the local police, county prosecutor, or district attorney in the county wherein such violation may have been committed, and to assist such official in every way possible, such as securing necessary evidence, etc.

SECTION 172. Section 41-51-25, Mississippi Code of 1972, is amended as follows:

41-51-25. The commissioner shall have power to suspend for any fixed period, or to revoke, the license held by any licensee under this chapter in the event that such licensee shall violate and fail or refuse to obey any of the provisions of this chapter, or of the rules and regulations promulgated by the commissioner, or in the event the State Board of Health shall certify in writing to the commissioner that any particular disposal plant or rendering plant is a menace to the public health, stating the charges specifically and definitely, in which case the hearing hereinafter provided for shall be held within thirty (30) days after such charges of said board are so filed.

Before any license shall be suspended or revoked, the licensee shall be furnished with a written copy of the charges made against him and an adjudicative proceeding shall be had before the commissioner, or his authorized representative, at such time and place as he may fix, in accordance with the Mississippi Administrative Procedure Law of 1999, to determine whether such license shall be suspended or revoked. Such notice may be served upon * * * such licensee in accordance with the Mississippi Administrative Procedure Law of 1999. * * * When an adjudicative proceeding under this section is conducted before a representative of the commissioner, a written report and summary of the evidence at such hearing shall be made by him to the commissioner, with recommendation for action thereon. The commissioner, after such adjudicative proceeding before him, or after considering such report and summary of the evidence by his representative, shall render such decision and make such order as he may deem just, either dismissing the proceedings, or suspending the license for any fixed period, or revoking the license. Such order shall be entered on his records and written notice thereof shall be forthwith served upon such license in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 173. Section 41-51-29, Mississippi Code of 1972, is amended as follows:

41-51-29. Any licensee or other person, aggrieved by any final decision or order of the commissioner made or entered in or on such decision or order may of right have judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999. Any party perfecting a proceeding for judicial review shall file with the clerk of the court a bond with such surety or sureties and in such penalty as shall be approved by the commissioner or the clerk * * * of said court, conditioned that such appellant will pay all costs of the judicial review in event such review is unsuccessful. The state may seek judicial review of such decision or order in like time and manner without giving bond. * * * All appeal and supersedeas bonds shall be payable to the state and may from time to time and upon cause shown be ordered increased or ordered replaced by other bonds with approved sureties, and may be enforced in the manner provided by law for the enforcement of other similar bonds. * * * On judicial review, the court may affirm or set aside the decision or order from which the appeal was taken and shall thereupon certify its judgment to the commissioner. In case the decision or order of the commissioner be set aside on judicial review, the court shall enter and render such judgment, decision or order as the commissioner should have rendered, unless it be necessary, in consequence of its decision, that some decision or ruling entirely administrative or legislative in nature be made, or that some fact or question of fact not appearing in or not settled by the record be ascertained or determined, in which cases the matter shall be remanded to the commissioner for further proceedings and action or decision in accord with the judgment and direction of the court from which further proceedings, action, or decision of the commissioner further judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 174. Section 41-58-3, Mississippi Code of 1972, is amended as follows:

41-58-3. (1) The department shall have full authority to adopt such rules and regulations not inconsistent with the laws of this state as may be necessary to effectuate the provisions of this chapter, and may amend or repeal the same as may be necessary for such purposes, all in accordance with the Mississippi Administrative Procedure Law of 1999.

(2) There shall be established a Medical Radiation Advisory Council to be appointed as provided in this section. The council shall consist of ten (10) members as follows:

(a) One (1) radiologist who is an active practitioner and member of the Mississippi Radiological Society;

(b) One (1) licensed family physician;

(c) One (1) licensed practitioner;

(d) Two (2) registered radiologic technologists;

(e) One (1) nuclear medicine technologist;

(f) One (1) radiation therapist;

(g) One (1) limited radiologic technician;

(h) One (1) radiation physicist;

(i) One (1) hospital administrator; and

(j) The State Health Officer, or his designee, who shall serve as ex officio chairman with no voting authority.

(3) The department shall, following the recommendations from the appropriate professional state societies and organizations, including the Mississippi Radiological Society, the Mississippi Society of Radiologic Technologists, and the Mississippi State Nuclear Medicine Society, and other nominations that may be received from whatever source, appoint the members of the council as soon as possible after the effective date of subsections (2) and (3) of this section. Any person serving on the council who is a practitioner of a profession or occupation required to be licensed, credentialed or certified in the state shall be a holder of an appropriate license, credential or certificate issued by the state. All members of the council shall be residents of the State of Mississippi. The council shall promulgate such rules and regulations by which it shall conduct its business. Members of the council shall receive no salary for services performed on the council but may be reimbursed for their reasonable and necessary actual expenses incurred in the performance of the same, from funds provided for such purpose. The council shall assist and advise the department in the development of regulations and standards to effectuate the provisions of this chapter.

(4) A radiologic technologist, nuclear medicine technologist or radiation therapist shall not apply ionizing or x-radiation or administer radiopharmaceuticals to a human being or otherwise engage in the practice of medical radiation technology unless the person possesses a valid registration issued under the provisions of this chapter.

(5) The department may issue a temporary registration to practice a specialty of medical radiation technology to any applicant who has completed an approved program, who has complied with the provisions of this chapter, and is awaiting examination for that specialty. This registration shall convey the same rights as the registration for which the applicant is awaiting examination and shall be valid for one (1) six-month period.

(6) The department may charge a registration fee of not more than Twenty-five Dollars ($25.00) annually to each person to whom it issues a registration under the provisions of this chapter.

(7) Registration is not required for:

(a) A student enrolled in and participating in an approved course of study for diagnostic radiologic technology, nuclear medicine technology or radiation therapy, who as a part of his clinical course of study applies ionizing radiation to a human being while under the supervision of a licensed practitioner, registered radiologic technologist, registered nuclear medicine technologist or registered radiation therapist;

(b) Laboratory personnel who use radiopharmaceuticals for in vitro studies;

(c) A dental hygienist or a dental assistant who is not a radiologic technologist, nuclear medicine technologist or radiation therapist, who possesses a radiology permit issued by the Board of Dental Examiners and applies ionizing radiation under the specific direction of a licensed dentist;

(d) A chiropractic assistant who is not a radiologic technologist, nuclear medicine technologist or radiation therapist, who possesses a radiology permit issued by the Board of Chiropractic Examiners and applies ionizing radiation under the specific direction of a licensed chiropractor;

(e) An individual who is not a radiologic technologist, nuclear medicine technologist or radiation therapist, who possesses a radiology permit issued by the Board of Medical Licensure and applies ionizing radiation in a physician's office or a radiology clinic under the specific direction of a licensed physician; and

(f) An individual who is not a radiologic technologist, nuclear medicine technologist or radiation therapist, who is employed by a licensed hospital in Mississippi and applies ionizing radiation under the specific direction of a licensed practitioner.

(8) Nothing in this chapter is intended to limit, preclude, or otherwise interfere with the practices of a licensed practitioner who is duly licensed or registered by the appropriate agency of the State of Mississippi, provided that the agency specifically recognizes that the procedures covered by this chapter are within the scope of practice of the licensee or registrant.

(9) (a) If any radiologic technologist, nuclear medicine technologist or radiation therapist violates any provision of this chapter, the department shall suspend or revoke the registration and practice privileges of the person, in accordance with statutory procedures and rules and regulations of the department.

(b) If any person violates any provision of this chapter, the department shall issue a written warning to the licensed practitioner or medical institution that employs the person; and if that person violates any provision of this chapter again within three (3) years after the first violation, the department may suspend or revoke the permit or registration for the x-radiation and ionizing radiation equipment of the licensed practitioner or medical institution that employs the person, in accordance with statutory procedures and rules and regulations of the department regarding suspension and revocation of such permits or registrations.

(10) This section shall stand repealed on July 1, 2001.

SECTION 175. Section 41-59-49, Mississippi Code of 1972, is amended as follows:

41-59-49. Any person, firm, corporation, association, county, municipality or metropolitan government or agency whose application for a permit or license has been rejected or whose permit or license is suspended or revoked by the board shall have the right of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 176. Section 41-61-59, Mississippi Code of 1972, is amended as follows:

41-61-59. (1) A person's death which affects the public interest as specified in subsection (2) of this section shall be promptly reported to the medical examiner by the physician in attendance, any hospital employee, any law enforcement officer having knowledge of the death, the embalmer or other funeral home employee, any emergency medical technician, any relative or any other person present. The appropriate medical examiner shall notify the municipal or state law enforcement agency or sheriff and take charge of the body.

(2) A death affecting the public interest includes, but is not limited to, any of the following:

(a) Violent death, including homicidal, suicidal or accidental death.

(b) Death caused by thermal, chemical, electrical or radiation injury.

(c) Death caused by criminal abortion, including self-induced abortion, or abortion related to or by sexual abuse.

(d) Death related to disease thought to be virulent or contagious which may constitute a public hazard.

(e) Death that has occurred unexpectedly or from an unexplained cause.

(f) Death of a person confined in a prison, jail or correctional institution.

(g) Death of a person where a physician was not in attendance within thirty-six (36) hours preceding death, or in prediagnosed terminal or bedfast cases, within thirty (30) days preceding death.

(h) Death of a person where the body is not claimed by a relative or a friend.

(i) Death of a person where the identity of the deceased is unknown.

(j) Death of a child under the age of two (2) years where death results from an unknown cause or where the circumstances surrounding the death indicate that sudden infant death syndrome may be the cause of death.

(k) Where a body is brought into this state for disposal and there is reason to believe either that the death was not investigated properly or that there is not an adequate certificate of death.

(l) Where a person is presented to a hospital emergency room unconscious and/or unresponsive, with cardiopulmonary resuscitative measures being performed, and dies within twenty-four (24) hours of admission without regaining consciousness or responsiveness, unless a physician was in attendance within thirty-six (36) hours preceding presentation to the hospital, or in cases in which the decedent had a prediagnosed terminal or bedfast condition, unless a physician was in attendance within thirty (30) days preceding presentation to the hospital.

(3) The State Medical Examiner is empowered to investigate deaths, under the authority hereinafter conferred, in any and all political subdivisions of the state. The county medical examiners and county medical examiner investigators, while appointed for a specific county, may serve other counties on a regular basis with written authorization by the State Medical Examiner, or may serve other counties on an as-needed basis upon the request of the ranking officer of the investigating law enforcement agency. The county medical examiner or county medical examiner investigator of any county which has established a regional medical examiner district under subsection (4) of Section 41-61-77 may serve other counties which are parties to the agreement establishing the district, in accordance with the terms of the agreement, and may contract with counties which are not part of the district to provide medical examiner services for such counties. If a death affecting the public interest takes place in a county other than the one where injuries or other substantial causal factors leading to the death have occurred, jurisdiction for investigation of the death may be transferred, by mutual agreement of the respective medical examiners of the counties involved, to the county where such injuries or other substantial causal factors occurred, and the costs of autopsy or other studies necessary to the further investigation of the death shall be borne by the county assuming jurisdiction.

(4) The chief county medical examiner or chief county medical examiner investigator may receive from the county in which he serves a salary of Seven Hundred Fifty Dollars ($750.00) per month, in addition to the fees specified in Sections 41-61-69 and 41-61-75, provided that no county shall pay the chief county medical examiner or chief county medical examiner investigator less than One Hundred Dollars ($100.00) per month as a salary, in addition to other compensation provided by law. In any county having one or more deputy medical examiners or deputy medical examiner investigators, each deputy may receive from the county in which he serves, in the discretion of the board of supervisors, a salary of not more than Seven Hundred Fifty Dollars ($750.00) per month, in addition to the fees specified in Sections 41-61-69 and 41-61-75. For this salary the chief shall assure twenty-four-hour daily and readily available death investigators for the county, and shall maintain copies of all medical examiner death investigations for the county for at least the previous five (5) years. He shall coordinate his office and duties and cooperate with the State Medical Examiner, and the State Medical Examiner shall cooperate with him.

(5) A body composed of the State Medical Examiner, whether appointed on a permanent or interim basis, the Director of the State Board of Health or his designee, the Attorney General or his designee, the President of the Mississippi Coroners' Association (or successor organization) or his designee, and a certified pathologist appointed by the Mississippi State Medical Association shall adopt, promulgate, amend and repeal rules and regulations as may be deemed necessary by them from time to time for the proper enforcement, interpretation and administration of Sections 41-61-51 through 41-61-79, in accordance with the provisions of the Mississippi Administrative Procedure Law of 1999 * * *.

SECTION 177. Section 41-61-63, Mississippi Code of 1972, is amended as follows:

41-61-63. (1) The State Medical Examiner shall:

(a) Provide assistance, consultation and training to county medical examiners, county medical examiner investigators and law enforcement officials.

(b) Keep complete records of all relevant information concerning deaths or crimes requiring investigation by the medical examiners.

(c) Promulgate rules and regulations regarding the manner and techniques to be employed while conducting autopsies; the nature, character and extent of investigations to be made into deaths affecting the public interest to allow a medical examiner to render a full and complete analysis and report; the format and matters to be contained in all reports rendered by the medical examiners; and all other things necessary to carry out the purposes of Sections 41-61-51 through 41-61-79. The State Medical Examiner shall make such amendments to these rules and regulations as may be necessary. All medical examiners, coroners and law enforcement officers shall be subject to such rules.

(d) Cooperate with the crime detection and medical examiner laboratories authorized by Section 45-1-17, the University Medical Center, the Attorney General, law enforcement agencies, the courts and the State of Mississippi.

(2) In addition, the medical examiners shall:

(a) Upon receipt of notification of a death affecting the public interest, make inquiries regarding the cause and manner of death, reduce the findings to writing and promptly make a full report to the State Medical Examiner on forms prescribed for that purpose. The medical examiner shall be authorized to inspect and copy the medical reports of the decedent whose death is under investigation. However, the records copied shall be maintained as confidential so as to protect the doctor/patient privilege. The medical examiners shall be authorized to request the issuance of subpoenas, in accordance with the Mississippi Administrative Procedure Law of 1999, for the attendance of persons and for the production of documents as may be required by their investigation.

(b) Complete the medical examiner's portion of the certificate of death within seventy-two (72) hours of assuming jurisdiction over a death, and forward the certificate to the funeral director or to the family. The medical examiner's portion of the certificate of death shall include the decedent's name, the date and time of death, the cause of death and the certifier's signature. If determination of the cause and/or manner of death are pending an autopsy or toxicological or other studies, these sections on the certificate may be marked "pending," with amendment and completion to follow the completion of the postmortem studies. The State Medical Examiner shall be authorized to amend a death certificate; however, the State Medical Examiner is not authorized to change or amend any death certificate after he has resigned or been removed from his office as the State Medical Examiner. Where an attending physician refuses to sign a certificate of death, or in case of any death, the State Medical Examiner or properly qualified designee may sign the death certificate.

(c) Cooperate with other agencies as provided for the State Medical Examiner in subsection (1)(d) of this section.

(d) In all investigations of deaths affecting the public interest where an autopsy will not be performed, obtain or attempt to obtain postmortem blood, urine and/or vitreous fluids. Medical examiners may also obtain rectal temperature measurements, known hair samples, radiographs, gunshot residue/wiping studies, fingerprints, palm prints and other noninvasive studies as the case warrants and/or as directed by the State Medical Examiner. Decisions may be made in consultation with investigating law enforcement officials and/or the State Medical Examiner. The cost of all studies not performed by the Mississippi Crime Laboratory shall be borne by the county. County medical examiner investigators shall be authorized to obtain these postmortem specimens themselves following successful completion of the death investigation training school.

(3) The medical examiner shall not use his position or authority to favor any particular funeral home or funeral homes.

(4) The State Medical Examiner shall obtain such liability insurance as deemed appropriate to the needs of the office, and may be sued by anyone affected to the extent of such insurance carried; however, immunity from suit is only waived to the extent of such liability insurance carried, and a judgment creditor shall have recourse only to the proceeds or right to proceeds of such liability insurance. No attempt shall be made in the trial of any case to suggest the existence of any insurance which covers in whole or in part any judgment or award rendered in favor of a claimant, but if the verdict rendered by the jury exceeds the limit of applicable insurance, the court on motion shall reduce the amount of the judgment to a sum equal to the applicable limit stated in the insurance policy. This subsection (4) shall stand repealed from and after July 1, 1993, by operation of law.

SECTION 178. Section 41-61-65, Mississippi Code of 1972, is amended as follows:

41-61-65. (1) If, in the opinion of the medical examiner investigating the case, it is advisable and in the public interest that an autopsy or other study be made for the purpose of determining the primary and/or contributing cause of death, an autopsy or other study shall be made by the State Medical Examiner or by a competent pathologist designated by the State Medical Examiner. The State Medical Examiner or designated pathologist may retain any tissues as needed for further postmortem studies or documentation. A complete autopsy report of findings and interpretations, prepared on forms designated for this purpose, shall be submitted promptly to the State Medical Examiner. Copies of the report shall be furnished to the authorizing medical examiner, district attorney and court clerk. A copy of the report shall be furnished to one (1) adult member of the immediate family of the deceased or the legal representative or legal guardian of members of the immediate family of the deceased upon request. In determining the need for an autopsy, the medical examiner may consider the request from the district attorney or county prosecuting attorney, law enforcement or other public officials or private persons. However, if the death occurred in the manner specified in subsection (2)(j) of Section 41-61-59, Mississippi Code of 1972, an autopsy shall be performed by the State Medical Examiner or his designated pathologist, and the report of findings shall be forwarded promptly to the State Medical Examiner, investigating medical examiner, the infant's attending physician and the local sudden infant death syndrome coordinator.

(2) Any medical examiner or duly licensed physician performing authorized investigations and/or autopsies as provided in Sections 41-61-51 through 41-61-79, Mississippi Code of 1972, who, in good faith, complies with the provisions of Sections 41-61-51 through 41-61-79, Mississippi Code of 1972, in the determination of the cause and/or manner of death for the purpose of certification of that death, shall not be liable for damages on account thereof, and shall be immune from any civil liability that might otherwise be incurred or imposed.

(3) Family members or others who disagree with the medical examiner's determination shall be able to petition * * * the State Medical Examiner for further review in an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 179. Section 41-67-3, Mississippi Code of 1972, is amended as follows:

41-67-3. (1) The State Board of Health shall have the following duties and responsibilities:

(a) To exercise general supervision over the design, construction, operation and maintenance of individual on-site wastewater disposal systems with flows substantially equivalent to a single family residential generator, except when the property owner or lessee chooses to employ a professional engineer to comply with this chapter. To effectively administer this law, the department and the Department of Environmental Quality shall enter into a memorandum of understanding, which at a minimum shall clearly define the jurisdiction of each department with regard to wastewater disposal and procedures for interdepartmental interaction and cooperation;

(b) To adopt, modify, repeal and promulgate rules and regulations, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to, to grant exemptions from and to enforce rules and regulations implementing or effectuating the duties of the board under this chapter to protect the public health. The board may grant variances from rules and regulations adopted under this chapter, including requirements for buffer zones, or from setbacks required under Section 41-67-7 where the granting of a variance shall not subject the public to unreasonable health risks or jeopardize environmental resources;

(c) To provide or deny certification for persons engaging in the business of the design, construction or installation of individual on-site wastewater disposal systems and persons engaging in the removal and disposal of the sludge and liquid waste from those systems;

(d) To suspend or revoke certifications issued to persons engaging in the business of the design, construction or installation of individual on-site wastewater disposal systems or persons engaging in the removal and disposal of the sludge and liquid waste from those systems, when it is determined the person has violated this chapter or applicable rules and regulations; and

(e) To require the submission of information deemed necessary by the department to determine the suitability of individual lots for individual on-site wastewater disposal systems.

(2) Nothing in this chapter shall preclude a professional engineer from providing services relating to the design, construction or installation of an individual on-site wastewater disposal system to comply with this chapter. Except as otherwise required by subsection (4) of this section or Section 41-67-8, a professional engineer shall notify the department in writing of those services being provided. If a professional engineer designs, constructs or installs or directly supervises the construction or installation of a design-based individual on-site wastewater disposal system consistent with this chapter and stamps the appropriate documentation with that professional engineer's seal, the department shall approve the design, construction or installation of the system, if requested. Professional engineers engaging in the design, construction or installation of individual on-site wastewater disposal systems shall not require certification under this chapter.

(3) To assure the effective and efficient administration of this chapter, the board shall adopt rules governing the design, construction or installation, operation and maintenance of individual on-site wastewater disposal systems, including rules concerning the:

(a) Review and approval of individual on-site wastewater disposal systems in accordance with Section 41-67-6;

(b) Certification of installers of individual on-site wastewater disposal systems and persons engaging in the removal and disposal of the sludge and liquid waste from those systems; and

(c) Registration and requirements for testing and listing of manufacturers of aerobic treatment systems.

(4) In addition, the board shall adopt rules establishing performance standards for individual on-site wastewater disposal systems for single family residential generators and rules concerning the operation and maintenance of individual on-site wastewater disposal systems designed to meet those standards. The performance standards shall be consistent with the federal Clean Water Act, maintaining the wastes on the property of the generator except as authorized under Section 41-67-8, and protection of the public health. Rules for the operation and maintenance of individual on-site wastewater disposal systems designed to meet performance standards shall include rules concerning the following:

(a) A standard application form and requirements for supporting documentation;

(b) Application review;

(c) Approval or denial of authorization for proposed systems;

(d) Requirements, as deemed appropriate by the board, for annual renewal of authorization;

(e) Enforcement of the requirements and conditions of authorization; and

(f) Inspection, monitoring, sampling and reporting on the performance of the system.

Any system proposed for authorization in accordance with performance standards must be designed and certified by a professional engineer and must be authorized by the board before installation. Judicial review of a final decision of the board regarding the authorization of an individual on-site wastewater disposal system based upon performance standards shall be in accordance with the Mississippi Administrative Procedure Law of 1999.

(5) To the extent practicable, all rules and regulations adopted under this chapter shall give maximum flexibility to persons installing individual on-site wastewater disposal systems and a maximum number of options consistent with the federal Clean Water Act, consistent with maintaining the wastes on the property of the generator except as authorized under Section 41-67-8, and consistent with protection of the public health. In addition, all rules and regulations, to the extent practicable, shall encourage the use of economically feasible systems, including alternative techniques and technologies for individual on-site wastewater disposal.

(6) All regulations shall be applied uniformly in all areas of the state and shall take into consideration and make provision for different types of soil in the state when performing soil and site evaluations.

(7) In the adoption of rules, to act in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 180. Section 41-67-4, Mississippi Code of 1972, is amended as follows:

41-67-4. (1) The Commission on Environmental Quality shall determine the feasibility of establishing community sewerage systems upon the submission by the developer of a preliminary design and feasibility study prepared by a professional engineer. The developer may request and obtain an adjudicative proceeding before the commission if the developer is dissatisfied with the commission's determination of feasibility. Upon request of a developer, the commission shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. The determination that a sewerage system must be established shall be made without regard to whether the establishment of a sewerage system is authorized by law or is subject to approval by one or more state or local government or public bodies.

(2) Where residential subdivisions are proposed which are composed of fewer than thirty-five (35) building sites, and no system of sanitary sewers is available to which collection sewers may be feasibly connected, the board may waive the requirement for a feasibility study. If the feasibility study is waived, all sites within the subdivision shall be approved, if a certified installer attests that each site can be adequately served by an individual on-site wastewater disposal system.

(3) No feasibility study or community sewerage system shall be required for subdivisions designed, laid out, platted or partially constructed before July 1, 1988, or for any subdivision that was platted and recorded during the period from July 1, 1995 through June 30, 1996.

SECTION 181. Section 41-67-21, Mississippi Code of 1972, is amended as follows:

41-67-21. (1) The board or the department may require a property owner or lessee to repair a malfunctioning individual on-site wastewater disposal system on the owner's or lessee's property before the thirtieth day after the date on which the owner or lessee is notified by the department of the malfunctioning system.

(2) The property owner or lessee shall take adequate measures as soon as practicable to abate an immediate health hazard.

(3) The property owner or lessee may be assessed a civil penalty not to exceed Five Dollars ($5.00) for each day the individual on-site wastewater disposal system remains unrepaired after the thirty-day period specified in subsection (1) of this section.

(4) The board may assess the property owner or lessee of an individual on-site wastewater disposal system authorized pursuant to Section 41-67-3(4) a civil penalty not to exceed Fifty Dollars ($50.00) for each day the system fails to meet the performance standards of that system after the thirty-day period specified in subsection (1) of this section.

(5) All penalties collected by the board under this section shall be deposited in the State General Fund.

(6) Judicial review of appeals from the imposition of civil penalty under this section may be had in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 182. Section 41-67-25, Mississippi Code of 1972, is amended as follows:

41-67-25. (1) A person may not operate as an installer in this state unless that person is certified by the board except any individual who installs an individual on-site wastewater disposal system on his own property or a professional engineer.

(2) An installer of aerobic treatment plants or subsurface drip disposal systems must be a factory-trained and authorized representative. The manufacturer must furnish documentation to the department certifying the satisfactory completion of factory training and the establishment of the installer as an authorized manufacturer's representative.

(3) The board shall issue a certification to an installer if the installer:

(a) Completes an application form that complies with this chapter and rules adopted under this chapter;

(b) Satisfactorily completes the training program provided by the department; and

(c) Pays the annual certification fee.

(4) Each installer shall furnish proof of certification to a property owner, lessee, the owner's representative or occupant of the property on which an individual on-site wastewater disposal system is to be designed, constructed, repaired or installed by that installer and to the department or its authorized representative, if requested.

(5) The department shall provide for annual renewal of certifications.

(6) (a) An installer's certification may be suspended or revoked by the board after notice and hearing if the installer violates this chapter or any rule or regulation adopted under this chapter.

(b) The installer may appeal a suspension or revocation under this section and may have an adjudicative proceeding regarding the matter in accordance with the Mississippi Administrative Procedure Law of 1999.

(7) The department semiannually shall disseminate to the public an official list of certified installers and provide to county health departments a monthly update of the list.

SECTION 183. Section 41-67-29, Mississippi Code of 1972, is amended as follows:

41-67-29. Any person who is aggrieved by any final decision of the board may secure judicial review of that final decision in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 184. Section 41-71-9, Mississippi Code of 1972, is amended as follows:

41-71-9. The licensing agency, after notice and opportunity for an adjudicative proceeding to the applicant or licensee, is authorized to deny, suspend or revoke a license in any case in which it finds that the applicant or licensee has failed to comply with the requirements established by this chapter or the rules, regulations or standards promulgated in furtherance of this chapter. * * * The applicant or licensee shall be given an opportunity for an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. Any decision revoking, suspending or denying the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee seeks judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. The procedure governing hearings shall be in accordance with rules and regulations promulgated by the licensing agency. A full and complete record shall be kept of all proceedings, and all testimony shall be recorded but need not be transcribed unless judicial review is sought. Each party shall pay the expense of his own witnesses. The cost of the record shall be paid by the licensing agency, but any other party desiring a copy of the transcript shall pay therefor the reasonable cost of preparing the same.

SECTION 185. Section 41-71-11, Mississippi Code of 1972, is amended as follows:

41-71-11. Any applicant or licensee aggrieved by the decision of the licensing agency after a hearing may, within thirty (30) days after the mailing or serving of notice of the decision, file a notice of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. Pending final disposition of the matter on judicial review, the status quo of the applicant or licensee shall be preserved, except as the court otherwise orders in the public interest. Rules with respect to court costs as in other cases in chancery shall apply equally to cases under this section.

SECTION 186. Section 41-71-13, Mississippi Code of 1972, is amended as follows:

41-71-13. The licensing agency shall adopt, amend, promulgate and enforce rules, regulations and standards, including classifications, with respect to home health agencies licensed, or which may be licensed, to further the accomplishment of the purpose of this chapter in protecting and promoting the health, safety and welfare of the public by insuring adequate care of individuals receiving such services. Such rules, regulations and standards shall be adopted and promulgated by the licensing agency in accordance with the provisions of the Mississippi Administrative Procedure Law of 1999, Section 25-43-1.101 et seq., and shall be recorded and indexed in a book to be maintained by the licensing agency in its office in the city of Jackson, Mississippi, entitled "Records of Rules, Regulations and Standards." The book shall be open and available to all home health agencies and the public generally at all reasonable times.

SECTION 187. Section 41-75-11, Mississippi Code of 1972, is amended as follows:

41-75-11. The licensing agency after notice and opportunity for an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 to the applicant or licensee is authorized to deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this chapter. * * * The applicant or licensee shall be given an opportunity for an adjudicative proceeding. On the basis of any such adjudicative proceeding, or upon default of the applicant or licensee, the licensing agency shall make a determination specifying its findings of fact and conclusions of law. A copy of such determination shall be sent by registered mail or served personally upon the applicant or licensee. The decision revoking, suspending or denying the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee seeks judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. The procedure governing adjudicative proceeding authorized by this section shall be in accordance with rules promulgated by the licensing agency in accordance with the Mississippi Administrative Procedure Law of 1999. A full and complete record shall be kept of all proceedings, and all testimony shall be recorded but need not be transcribed unless the decision is appealed * * *. Witnesses may be subpoenaed by either party. Compensation shall be allowed to witnesses as in cases in the chancery court. Each party shall pay the expense of his own witnesses. The cost of the record shall be paid by the licensing agency provided any other party desiring a copy of the transcript shall pay therefor the reasonable cost of preparing the same.

SECTION 188. Section 41-75-13, Mississippi Code of 1972, is amended as follows:

41-75-13. The licensing agency shall adopt, amend, promulgate and enforce rules, regulations and standards, including classifications, with respect to ambulatory surgical facilities and abortion facilities licensed, or which may be licensed, to further the accomplishment of the purpose of this chapter in protecting and promoting the health, safety and welfare of the public by ensuring adequate care of individuals receiving services from such facilities. The licensing agency also shall adopt, amend, promulgate and enforce rules, regulations and standards with respect to the enforcement of the informed consent requirements of Sections 41-41-31 through 41-41-39 at abortion facilities. Such rules, regulations and standards shall be adopted and promulgated by the licensing agency in accordance with the provisions of the Mississippi Administrative Procedure Law of 1999 and shall be recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Rules and Regulations for Operation of Ambulatory Surgical Facilities and Abortion Facilities." The book shall be open and available to all ambulatory surgical facilities and abortion facilities and the public during regular business hours.

SECTION 189. Section 41-75-21, Mississippi Code of 1972, is amended as follows:

41-75-21. The licensing agency shall prepare and publish an annual report of its activities and operations under this chapter. Copies of such publications shall be available in the office of the licensing agency and in the office of the Secretary of State, in compliance with the Mississippi Administrative Procedure Law of 1999. A reasonable number of such publication(s) shall be available in the office of the licensing agency to be furnished to persons requesting, for a nominal fee.

SECTION 190. Section 41-75-23, Mississippi Code of 1972, is amended as follows:

41-75-23. Any applicant or licensee aggrieved by the decision of the licensing agency after an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999, may within thirty (30) days after the mailing or serving of notice of the decision as provided in Section 43-11-11, Mississippi Code of 1972, file a notice of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. Pending final disposition of the matter on judicial review, the status quo of the applicant or licensee shall be preserved, except as the court otherwise orders in the public interest. Rules with respect to court costs in other cases in the reviewing court shall apply equally to cases hereunder. * * *

SECTION 191. Section 41-77-11, Mississippi Code of 1972, is amended as follows:

41-77-11. The licensing agency shall adopt, amend, promulgate and enforce rules, regulations and standards, including classifications, with respect to "birthing centers," licensed or which may be licensed, to further the accomplishment of the purpose of this chapter in protecting and promoting the health, safety and welfare of the public by ensuring adequate care of individuals receiving such services. Such rules, regulations and standards shall be adopted and promulgated by the licensing agency in accordance with the provisions of the Mississippi Administrative Procedure Law of 1999 Section 25-43-1.101 et seq., Mississippi Code of 1972, and shall be recorded and indexed in a book to be maintained by the licensing agency in its office in the City of Jackson, Mississippi, entitled "Record of Rules, Regulations and Standards." The book shall be open and available to all "birthing centers" and the public during regular business hours.

SECTION 192. Section 41-77-19, Mississippi Code of 1972, is amended as follows:

41-77-19. The licensing agency, after notice and opportunity for an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999, to the applicant or licensee, is authorized to deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this chapter. Such notice shall be effected by registered mail or by personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days from the date of such mailing or such service, at which time the applicant or licensee shall be given an opportunity for an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. A copy of such determination shall be sent by registered mail or served personally upon the applicant or licensee. The decision revoking, suspending or denying the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee, within such thirty-day period, seeks judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. The procedure governing adjudicative proceedings authorized by this section shall be in accordance with rules promulgated by the licensing agency in accordance with the Mississippi Administrative Procedure Law of 1999. Testimony shall be recorded but not be transcribed unless the decision is appealed. * * * Each party shall pay the expense of his own witnesses. The cost of the record shall be paid by the licensing agency, provided any other party desiring a copy of the transcript shall pay therefor the reasonable cost of preparing the same.

SECTION 193. Section 41-77-21, Mississippi Code of 1972, is amended as follows:

41-77-21. Any applicant or licensee aggrieved by the decision of the licensing agency after a hearing may, of right, have judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 194. Section 41-83-13, Mississippi Code of 1972, is amended as follows:

41-83-13. (1) The department shall deny a certificate to any applicant if, upon review of the application, the department finds that the applicant proposing to conduct utilization review does not:

(a) Have available the services of a physician to carry out its utilization review activities;

(b) Meet any applicable regulations the department adopted under this chapter relating to the qualifications of private review agents or the performance of utilization review; and

(c) Provide assurances satisfactory to the department that the procedure and policies of the private review agent will protect the confidentiality of medical records and the private review agent will be reasonably accessible to patients and providers for five (5) working days a week during normal business hours in this state.

(2) The department may revoke or deny a certificate if the holder does not comply with the performance assurances under this section, violates any provision of this chapter, or violates any regulation adopted pursuant to this chapter.

(3) Before denying or revoking a certificate under this section, the department shall provide the applicant or certificate holder with reasonable time to supply additional information demonstrating compliance with the requirements of this chapter and the opportunity to request an adjudicative proceeding. If an applicant or certificate holder requests a hearing, the department shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 195. Section 41-83-23, Mississippi Code of 1972, is amended as follows:

41-83-23. Any person aggrieved by a final decision of the department or a private review agent in a contested case under this chapter shall have the right of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 196. Section 41-86-11, Mississippi Code of 1972, is amended as follows:

41-86-11. (1) The administering agency shall adopt, in accordance with the Mississippi Administrative Procedure Law of 1999, Section 25-43-1.101 et seq., rules and regulations for the implementation of the program, and for the coordination of the program with the state's other medical assistance programs.

(2) If the Division of Medicaid is designated as the administering agency for the program, the division shall have all of the authority set forth in Section 43-13-101 et seq.

(3) The administering agency shall make reports to the federal government and to the Legislature on the providing of benefits to those children under the program.

(4) (a) If the commission provides that the administering agency will have such authority, the administering agency shall execute a contract or contracts to provide the health care coverage and services under the program, after first receiving bids. The contract or contracts may be executed with one or more corporations or associations authorized to do business in Mississippi. All of the coverage and services to be provided under the program may be included in one or more similar contracts, or the coverage and services may be classified into different types with each type included under one or more similar contracts issued by the same or different corporations or associations.

(b) The administering agency shall execute a contract or contracts with one or more corporations or associations that have submitted the best and most cost-effective bids, or shall reject all bids. If the administering agency rejects all bids, it shall notify all bidders of the rejection and shall actively solicit new bids.

SECTION 197. Section 41-91-15, Mississippi Code of 1972, is amended as follows:

41-91-15. Any person or entity who fails to provide the information required to be provided to the cancer registry or who misuses the information provided to the cancer registry shall be subject to a civil penalty of Fifty Dollars ($50.00) for each such failure or misuse. Such penalty shall be assessed and levied by the board after an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999, and all such penalties collected shall be deposited into the State General Fund.

SECTION 198. Section 41-95-5, Mississippi Code of 1972, is amended as follows:

41-95-5. (1) The Mississippi Health Finance Authority is created. The authority shall be supervised and directed by the Mississippi Health Finance Authority Board.

(2) The Mississippi Health Finance Authority Board is created. The Mississippi Health Finance Authority Board shall consist of seven (7) members, one (1) from each of the five (5) congressional districts of Mississippi and two (2) from the state at large, who shall be appointed by the Governor with the advice and consent of the Senate. All members shall be qualified electors of the State of Mississippi who have no financial or other interest in any health care provider or insurer. It is the intent of the Legislature that the appointments to the board reflect the racial and sexual demographics of the entire state. The initial appointments to the Health Finance Authority Board shall be for staggered terms, to be designated by the Governor at the time of appointment as follows: Two (2) members to serve for terms ending June 30, 1997; three (3) members to serve for terms ending June 30, 1996; and two (2) members to serve for terms ending June 30, 1995. Thereafter, Mississippi Health Finance Authority Board members shall be appointed for a term of four (4) years from the expiration date of the previous term. All vacancies occurring on the board shall be filled by the Governor in the same manner as original appointments are made within sixty (60) days after the vacancy occurs.

(3) The members of the Mississippi Health Finance Authority Board shall be paid a per diem as authorized by Section 25-3-69 and shall be reimbursed for necessary and ordinary expenses and mileage incurred while performing their duties as members of the board, at the rate authorized by Section 25-3-41.

(4) The members of the Mississippi Health Finance Authority Board shall take an oath to perform faithfully the duties of their office. The oath shall be administered by a person qualified by law to administer oaths. Within thirty (30) days after taking the oath of office, the first board appointed under this section shall meet for an organizational meeting on call by the Governor. At such meeting and at an organizational meeting in January every odd-numbered year thereafter, the board shall elect from its members a chairman, vice-chairman and secretary-treasurer to serve for terms of two (2) years.

(5) The Mississippi Health Finance Authority Board shall adopt rules and regulations not inconsistent with Sections 41-95-1 through 41-95-9, in compliance with the Mississippi Administrative Procedure Law of 1999, for the conduct of its business and the carrying out of its duties.

(6) The Mississippi Health Finance Authority Board shall hold at least two (2) regular meetings each year, and additional meetings may be held upon the call of the chairman or at the written request of any three (3) members.

(7) The members of the Mississippi Health Finance Authority Board are individually exempt from any civil liability as a result of any action taken by the board.

(8) There shall be a Joint Oversight Committee of the Mississippi Health Finance Authority composed of three (3) members of the Senate appointed by the Lieutenant Governor to serve at the will and pleasure of the Lieutenant Governor, and three (3) members of the House of Representatives appointed by the Speaker of the House to serve at the will and pleasure of the Speaker. The chairmanship of the committee shall alternate for twelve-month periods between the Senate members and the House members, with the first chairman appointed by the Lieutenant Governor from among the Senate membership. The committee shall meet once each month, or upon the call of the chairman at such times as he deems necessary or advisable, and may make recommendations to the Legislature pertaining to any matter within the jurisdiction of the Mississippi Health Finance Authority. The appointing authorities may designate an alternate member from their respective houses to serve when the regular designee is unable to attend such meetings of the oversight committee. For attending meetings of the oversight committee, such legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the committee will be paid while the Legislature is in session. No per diem and expenses will be paid except for attending meetings of the oversight committee without prior approval of the proper committee in their respective houses.

(9) The Mississippi Health Finance Authority Board shall appoint the following five (5) advisory committees to assist in administering the provisions of Sections 41-95-1 through 41-95-9:

(a) The Benefits and Ethics Committee;

(b) The Provider and Standards Committee;

(c) The Consumer/Customer Satisfaction Committee;

(d) The Data Committee; and

(e) The Health Finance Advisory Committee.

Each committee shall consist of at least five (5) and no more than seven (7) members. The qualifications of the committee members for the committees listed in paragraphs (a), (b), (c) and (d) shall be set forth by the board in its bylaws and regulations. It is the intent of the Legislature that the appointments to each of the committees listed in paragraphs (a), (b), (c) and (d) reflect the racial and sexual demographics of the entire state. The Health Finance Advisory Committee shall be composed of the chairman of the other committees and the Executive Director of the Mississippi Health Finance Authority. All such committee members shall be appointed by the Mississippi Health Finance Authority Board for a term of four (4) years. If a member is unable to complete his term, a successor shall be appointed to serve the unexpired term. No person may serve as a member of the committee for more than ten (10) years. The terms of the initial committees shall be staggered. Two (2) members shall be appointed to a term of two (2) years, two (2) members shall be appointed to a term of three (3) years, and three (3) members shall be appointed to a term of four (4) years, to be designated by the board at the time of appointment. Members shall receive no salary for services performed, but may be reimbursed for necessary and actual expenses incurred in connection with attendance at meetings or for authorized business from funds made available for such purpose. The committees shall meet at least once in each quarter of the year at a time and place fixed by the committees, and at such other times as requested by the board. The organization, meetings and management of the committees shall be established by regulations promulgated by the board. The board, in its discretion, may appoint additional committees as deemed necessary to carry out its duties and responsibilities.

(10) The Mississippi Health Finance Authority Board shall elect a full-time director who holds a graduate degree in finance, economics, business, health policy or health finance, or the equivalent, and who has no financial or other interest in any health care provider or payor. The director shall have a minimum of five (5) years' appropriate experience to be certified by the State Personnel Board. The director shall serve at the will and pleasure of the Mississippi Health Finance Authority Board. The director shall be the chief administrative officer of the Mississippi Health Finance Authority Board, shall be the agent of the board for the purpose of receiving all services of process, summonses and notices directed to the board, shall direct the daily operations of the board, and shall perform such other duties as the board may delegate to him. The position of attorney for the Mississippi Health Finance Authority is authorized, who shall be a duly licensed attorney and whose salary and qualifications shall be fixed by the board. Such attorney shall be employed by the Mississippi Health Finance Authority Board. The Director of the Mississippi Health Finance Authority shall appoint heads of offices, who shall serve at the pleasure of the director, and shall appoint any necessary supervisors, assistants and employees. The salary and compensation of such employees shall be subject to the rules and regulations adopted and promulgated by the State Personnel Board created under Section 25-9-101 et seq. The director shall have the authority to organize offices as deemed appropriate to carry out the responsibilities of the Mississippi Health Finance Authority. All new positions, before staff is to be hired to fill them, must be authorized and approved by the board itself in accordance with the laws and regulations set forth by the State Personnel Board. The organizational structure of the staff shall provide for the performance of assigned functions and shall be subject to the approval of the board.

(11) The Director of the Mississippi Health Finance Authority is authorized:

(a) To enforce rules and regulations adopted and promulgated by the board implementing or effectuating the powers and duties of the Mississippi Health Finance Authority under any and all statutes within the Mississippi Health Finance Authority's jurisdiction;

(b) To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;

(c) To enter into and execute contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the programs of the Mississippi Health Finance Authority; and

(d) To discharge such other duties, responsibilities and powers as are necessary to implement the programs of the Mississippi Health Finance Authority.

SECTION 199. Section 43-3-7, Mississippi Code of 1972, is amended as follows:

43-3-7. The governing authorities shall promulgate such reasonable rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999 as are necessary to carry out the intent of sections 43-3-1 to 43-3-15. Any such rules and regulations shall be published and kept on file in the office of the director and shall be available to the general public on demand.

SECTION 200. Section 43-11-11, Mississippi Code of 1972, is amended as follows:

43-11-11. The licensing agency after notice and opportunity for an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999, to the applicant or licensee is authorized to deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this chapter.

Such notice shall be effected by registered mail, or by personal service setting forth the particular reasons for the proposed action * * *. The decision revoking, suspending or denying the license or application shall be subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

The procedure governing adjudicative proceedings authorized by this section shall be in accordance with rules promulgated by the licensing agency in accordance with the Mississippi Administrative Procedure Law of 1999. A full and complete record shall be kept of all proceedings, and all testimony shall be recorded but need not be transcribed unless a proceeding for judicial review is initiated. Each party shall pay the expense of his own witnesses. The cost of the record shall be paid by the licensing agency provided any other party desiring a copy of the transcript shall pay therefor the reasonable cost of preparing the same.

SECTION 201. Section 43-11-23, Mississippi Code of 1972, is amended as follows:

43-11-23. Any applicant or licensee aggrieved by the decision of the licensing agency after an adjudicative proceeding, may of right secure judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999. The court may affirm, modify or reverse the decision of the licensing agency * * *. Pending final disposition of the matter on judicial review the status quo of the applicant or licensee shall be preserved, except as the court otherwise orders in the public interest. Rules with respect to court costs as in other cases in the Court of Appeals shall apply equally to cases hereunder.

SECTION 202. Section 43-13-117, Mississippi Code of 1972, is amended as follows:

43-13-117. Medical assistance as authorized by this article shall include payment of part or all of the costs, at the discretion of the division or its successor, with approval of the Governor, of the following types of care and services rendered to eligible applicants who shall have been determined to be eligible for such care and services, within the limits of state appropriations and federal matching funds:

(1) Inpatient hospital services.

(a) The division shall allow thirty (30) days of inpatient hospital care annually for all Medicaid recipients; however, before any recipient will be allowed more than fifteen (15) days of inpatient hospital care in any one (1) year, he must obtain prior approval therefor from the division. The division shall be authorized to allow unlimited days in disproportionate hospitals as defined by the division for eligible infants under the age of six (6) years.

(b) From and after July 1, 1994, the Executive Director of the Division of Medicaid shall amend the Mississippi Title XIX Inpatient Hospital Reimbursement Plan to remove the occupancy rate penalty from the calculation of the Medicaid Capital Cost Component utilized to determine total hospital costs allocated to the Medicaid Program.

(2) Outpatient hospital services. Provided that where the same services are reimbursed as clinic services, the division may revise the rate or methodology of outpatient reimbursement to maintain consistency, efficiency, economy and quality of care.

(3) Laboratory and X-ray services.

(4) Nursing facility services.

(a) The division shall make full payment to nursing facilities for each day, not exceeding thirty-six (36) days per year, that a patient is absent from the facility on home leave. However, before payment may be made for more than eighteen (18) home leave days in a year for a patient, the patient must have written authorization from a physician stating that the patient is physically and mentally able to be away from the facility on home leave. Such authorization must be filed with the division before it will be effective and the authorization shall be effective for three (3) months from the date it is received by the division, unless it is revoked earlier by the physician because of a change in the condition of the patient.

(b) Repealed.

(c) From and after July 1, 1997, all state-owned nursing facilities shall be reimbursed on a full reasonable costs basis. From and after July 1, 1997, payments by the division to nursing facilities for return on equity capital shall be made at the rate paid under Medicare (Title XVIII of the Social Security Act), but shall be no less than seven and one-half percent (7.5%) nor greater than ten percent (10%).

(d) A Review Board for nursing facilities is established to conduct reviews of the Division of Medicaid's decision in the areas set forth below:

(i) Review shall be heard in the following areas:

(A) Matters relating to cost reports including, but not limited to, allowable costs and cost adjustments resulting from desk reviews and audits.

(B) Matters relating to the Minimum Data Set Plus (MDS +) or successor assessment formats including but not limited to audits, classifications and submissions.

(ii) The Review Board shall be composed of six (6) members, three (3) having expertise in one (1) of the two (2) areas set forth above and three (3) having expertise in the other area set forth above. Each panel of three (3) shall only review appeals arising in its area of expertise. The members shall be appointed as follows:

(A) In each of the areas of expertise defined under subparagraphs (i)(A) and (i)(B), the Executive Director of the Division of Medicaid shall appoint one (1) person chosen from the private sector nursing home industry in the state, which may include independent accountants and consultants serving the industry;

(B) In each of the areas of expertise defined under subparagraphs (i)(A) and (i)(B), the Executive Director of the Division of Medicaid shall appoint one (1) person who is employed by the state who does not participate directly in desk reviews or audits of nursing facilities in the two (2) areas of review;

(C) The two (2) members appointed by the Executive Director of the Division of Medicaid in each area of expertise shall appoint a third member in the same area of expertise.

In the event of a conflict of interest on the part of any Review Board members, the Executive Director of the Division of Medicaid or the other two (2) panel members, as applicable, shall appoint a substitute member for conducting a specific review.

(iii) The Review Board panels shall have the power to preserve and enforce order during adjudicative proceedings; to issue subpoenas; to administer oaths; to compel attendance and testimony of witnesses; or to compel the production of books, papers, documents and other evidence; or the taking of depositions before any designated individual competent to administer oaths; to examine witnesses; and to do all things conformable to law that may be necessary to enable it effectively to discharge its duties. The Review Board panels may appoint such person or persons as they shall deem proper to execute and return process in connection therewith.

(iv) The Review Board shall promulgate, publish and disseminate to nursing facility providers rules of procedure for the efficient conduct of proceedings, subject to the approval of the Executive Director of the Division of Medicaid and in accordance with the Mississippi Administrative Procedure Law of 1999.

(v) Proceedings of the Review Board shall be in accordance with the Mississippi Administrative Procedure Law of 1999.

(vi) Appeals to the Review Board shall be in writing and shall set out the issues, a statement of alleged facts and reasons supporting the provider's position. Relevant documents may also be attached. The appeal shall be filed within thirty (30) days from the date the provider is notified of the action being appealed or, if informal review procedures are taken, as provided by administrative regulations of the Division of Medicaid, within thirty (30) days after a decision has been rendered through informal hearing procedures.

(vii) The Executive Director of the Division of Medicaid shall, upon review of the recommendation, the proceedings and the record, prepare a written decision which shall be mailed to the nursing facility provider no later than twenty (20) days after the submission of the recommendation by the panel. The decision of the executive director is final, subject only to judicial review.

(viii) * * * A final decision shall be subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

(ix) The action of the Division of Medicaid under review shall be stayed until all administrative proceedings have been exhausted.

(x) Appeals by nursing facility providers involving any issues other than those two (2) specified in subparagraphs (i)(A) and (ii)(B) shall be taken in accordance with the administrative hearing procedures established by the Division of Medicaid, not inconsistent with the Mississippi Administrative Procedure Law of 1999.

(e) When a facility of a category that does not require a certificate of need for construction and that could not be eligible for Medicaid reimbursement is constructed to nursing facility specifications for licensure and certification, and the facility is subsequently converted to a nursing facility pursuant to a certificate of need that authorizes conversion only and the applicant for the certificate of need was assessed an application review fee based on capital expenditures incurred in constructing the facility, the division shall allow reimbursement for capital expenditures necessary for construction of the facility that were incurred within the twenty-four (24) consecutive calendar months immediately preceding the date that the certificate of need authorizing such conversion was issued, to the same extent that reimbursement would be allowed for construction of a new nursing facility pursuant to a certificate of need that authorizes such construction. The reimbursement authorized in this subparagraph (e) may be made only to facilities the construction of which was completed after June 30, 1989. Before the division shall be authorized to make the reimbursement authorized in this subparagraph (e), the division first must have received approval from the Health Care Financing Administration of the United States Department of Health and Human Services of the change in the state Medicaid plan providing for such reimbursement.

(5) Periodic screening and diagnostic services for individuals under age twenty-one (21) years as are needed to identify physical and mental defects and to provide health care treatment and other measures designed to correct or ameliorate defects and physical and mental illness and conditions discovered by the screening services regardless of whether these services are included in the state plan. The division may include in its periodic screening and diagnostic program those discretionary services authorized under the federal regulations adopted to implement Title XIX of the federal Social Security Act, as amended. The division, in obtaining physical therapy services, occupational therapy services, and services for individuals with speech, hearing and language disorders, may enter into a cooperative agreement with the State Department of Education for the provision of such services to handicapped students by public school districts using state funds which are provided from the appropriation to the Department of Education to obtain federal matching funds through the division. The division, in obtaining medical and psychological evaluations for children in the custody of the State Department of Human Services may enter into a cooperative agreement with the State Department of Human Services for the provision of such services using state funds which are provided from the appropriation to the Department of Human Services to obtain federal matching funds through the division.

On July 1, 1993, all fees for periodic screening and diagnostic services under this paragraph (5) shall be increased by twenty-five percent (25%) of the reimbursement rate in effect on June 30, 1993.

(6) Physician's services. On January 1, 1996, all fees for physicians' services shall be reimbursed at seventy percent (70%) of the rate established on January 1, 1994, under Medicare (Title XVIII of the Social Security Act), as amended, and the division may adjust the physicians' reimbursement schedule to reflect the differences in relative value between Medicaid and Medicare.

(7) (a) Home health services for eligible persons, not to exceed in cost the prevailing cost of nursing facility services, not to exceed sixty (60) visits per year.

(b) Repealed.

(8) Emergency medical transportation services. On January 1, 1994, emergency medical transportation services shall be reimbursed at seventy percent (70%) of the rate established under Medicare (Title XVIII of the Social Security Act), as amended. "Emergency medical transportation services" shall mean, but shall not be limited to, the following services by a properly permitted ambulance operated by a properly licensed provider in accordance with the Emergency Medical Services Act of 1974 (Section 41-59-1 et seq.): (i) basic life support, (ii) advanced life support, (iii) mileage, (iv) oxygen, (v) intravenous fluids, (vi) disposable supplies, (vii) similar services.

(9) Legend and other drugs as may be determined by the division. The division may implement a program of prior approval for drugs to the extent permitted by law. Payment by the division for covered multiple source drugs shall be limited to the lower of the upper limits established and published by the Health Care Financing Administration (HCFA) plus a dispensing fee of Four Dollars and Ninety-one Cents ($4.91), or the estimated acquisition cost (EAC) as determined by the division plus a dispensing fee of Four Dollars and Ninety-one Cents ($4.91), or the providers' usual and customary charge to the general public. The division shall allow five (5) prescriptions per month for noninstitutionalized Medicaid recipients.

Payment for other covered drugs, other than multiple source drugs with HCFA upper limits, shall not exceed the lower of the estimated acquisition cost as determined by the division plus a dispensing fee of Four Dollars and Ninety-one Cents ($4.91) or the providers' usual and customary charge to the general public.

Payment for nonlegend or over-the-counter drugs covered on the division's formulary shall be reimbursed at the lower of the division's estimated shelf price or the providers' usual and customary charge to the general public. No dispensing fee shall be paid.

The division shall develop and implement a program of payment for additional pharmacist services, with payment to be based on demonstrated savings, but in no case shall the total payment exceed twice the amount of the dispensing fee.

As used in this paragraph (9), "estimated acquisition cost" means the division's best estimate of what price providers generally are paying for a drug in the package size that providers buy most frequently. Product selection shall be made in compliance with existing state law; however, the division may reimburse as if the prescription had been filled under the generic name. The division may provide otherwise in the case of specified drugs when the consensus of competent medical advice is that trademarked drugs are substantially more effective.

(10) Dental care that is an adjunct to treatment of an acute medical or surgical condition; services of oral surgeons and dentists in connection with surgery related to the jaw or any structure contiguous to the jaw or the reduction of any fracture of the jaw or any facial bone; and emergency dental extractions and treatment related thereto. On January 1, 1994, all fees for dental care and surgery under authority of this paragraph (10) shall be increased by twenty percent (20%) of the reimbursement rate as provided in the Dental Services Provider Manual in effect on December 31, 1993.

(11) Eyeglasses necessitated by reason of eye surgery, and as prescribed by a physician skilled in diseases of the eye or an optometrist, whichever the patient may select.

(12) Intermediate care facility services.

(a) The division shall make full payment to all intermediate care facilities for the mentally retarded for each day, not exceeding thirty-six (36) days per year, that a patient is absent from the facility on home leave. However, before payment may be made for more than eighteen (18) home leave days in a year for a patient, the patient must have written authorization from a physician stating that the patient is physically and mentally able to be away from the facility on home leave. Such authorization must be filed with the division before it will be effective, and the authorization shall be effective for three (3) months from the date it is received by the division, unless it is revoked earlier by the physician because of a change in the condition of the patient.

(b) All state-owned intermediate care facilities for the mentally retarded shall be reimbursed on a full reasonable cost basis.

(13) Family planning services, including drugs, supplies and devices, when such services are under the supervision of a physician.

(14) Clinic services. Such diagnostic, preventive, therapeutic, rehabilitative or palliative services furnished to an outpatient by or under the supervision of a physician or dentist in a facility which is not a part of a hospital but which is organized and operated to provide medical care to outpatients. Clinic services shall include any services reimbursed as outpatient hospital services which may be rendered in such a facility, including those that become so after July 1, 1991. On January 1, 1994, all fees for physicians' services reimbursed under authority of this paragraph (14) shall be reimbursed at seventy percent (70%) of the rate established on January 1, 1993, under Medicare (Title XVIII of the Social Security Act), as amended, or the amount that would have been paid under the division's fee schedule that was in effect on December 31, 1993, whichever is greater, and the division may adjust the physicians' reimbursement schedule to reflect the differences in relative value between Medicaid and Medicare. However, on January 1, 1994, the division may increase any fee for physicians' services in the division's fee schedule on December 31, 1993, that was greater than seventy percent (70%) of the rate established under Medicare by no more than ten percent (10%). On January 1, 1994, all fees for dentists' services reimbursed under authority of this paragraph (14) shall be increased by twenty percent (20%) of the reimbursement rate as provided in the Dental Services Provider Manual in effect on December 31, 1993.

(15) Home- and community-based services, as provided under Title XIX of the federal Social Security Act, as amended, under waivers, subject to the availability of funds specifically appropriated therefor by the Legislature. Payment for such services shall be limited to individuals who would be eligible for and would otherwise require the level of care provided in a nursing facility. The division shall certify case management agencies to provide case management services and provide for home- and community-based services for eligible individuals under this paragraph. The home- and community-based services under this paragraph and the activities performed by certified case management agencies under this paragraph shall be funded using state funds that are provided from the appropriation to the Division of Medicaid and used to match federal funds under a cooperative agreement between the division and the Department of Human Services.

(16) Mental health services. Approved therapeutic and case management services provided by (a) an approved regional mental health/retardation center established under Sections 41-19-31 through 41-19-39, or by another community mental health service provider meeting the requirements of the Department of Mental Health to be an approved mental health/retardation center if determined necessary by the Department of Mental Health, using state funds which are provided from the appropriation to the State Department of Mental Health and used to match federal funds under a cooperative agreement between the division and the department, or (b) a facility which is certified by the State Department of Mental Health to provide therapeutic and case management services, to be reimbursed on a fee for service basis. Any such services provided by a facility described in paragraph (b) must have the prior approval of the division to be reimbursable under this section. After June 30, 1997, mental health services provided by regional mental health/retardation centers established under Sections 41-19-31 through 41-19-39, or by hospitals as defined in Section 41-9-3(a) and/or their subsidiaries and divisions, or by psychiatric residential treatment facilities as defined in Section 43-11-1, or by another community mental health service provider meeting the requirements of the Department of Mental Health to be an approved mental health/retardation center if determined necessary by the Department of Mental Health, shall not be included in or provided under any capitated managed care pilot program provided for under paragraph (24) of this section.

(17) Durable medical equipment services and medical supplies restricted to patients receiving home health services unless waived on an individual basis by the division. The division shall not expend more than Three Hundred Thousand Dollars ($300,000.00) of state funds annually to pay for medical supplies authorized under this paragraph.

(18) Notwithstanding any other provision of this section to the contrary, the division shall make additional reimbursement to hospitals which serve a disproportionate share of low-income patients and which meet the federal requirements for such payments as provided in Section 1923 of the Federal Social Security Act and any applicable regulations.

(19) (a) Perinatal risk management services. The division shall promulgate regulations to be effective from and after October 1, 1988, to establish a comprehensive perinatal system for risk assessment of all pregnant and infant Medicaid recipients and for management, education and follow-up for those who are determined to be at risk. Services to be performed include case management, nutrition assessment/counseling, psychosocial assessment/counseling and health education. The division shall set reimbursement rates for providers in conjunction with the State Department of Health.

(b) Early intervention system services. The division shall cooperate with the State Department of Health, acting as lead agency, in the development and implementation of a statewide system of delivery of early intervention services, pursuant to Part H of the Individuals with Disabilities Education Act (IDEA). The State Department of Health shall certify annually in writing to the director of the division the dollar amount of state early intervention funds available which shall be utilized as a certified match for Medicaid matching funds. Those funds then shall be used to provide expanded targeted case management services for Medicaid eligible children with special needs who are eligible for the state's early intervention system. Qualifications for persons providing service coordination shall be determined by the State Department of Health and the Division of Medicaid.

(20) Home- and community-based services for physically disabled approved services as allowed by a waiver from the U.S. Department of Health and Human Services for home- and community-based services for physically disabled people using state funds which are provided from the appropriation to the State Department of Rehabilitation Services and used to match federal funds under a cooperative agreement between the division and the department, provided that funds for these services are specifically appropriated to the Department of Rehabilitation Services.

(21) Nurse practitioner services. Services furnished by a registered nurse who is licensed and certified by the Mississippi Board of Nursing as a nurse practitioner including, but not limited to, nurse anesthetists, nurse midwives, family nurse practitioners, family planning nurse practitioners, pediatric nurse practitioners, obstetrics-gynecology nurse practitioners and neonatal nurse practitioners, under regulations adopted by the division. Reimbursement for such services shall not exceed ninety percent (90%) of the reimbursement rate for comparable services rendered by a physician.

(22) Ambulatory services delivered in federally qualified health centers and in clinics of the local health departments of the State Department of Health for individuals eligible for medical assistance under this article based on reasonable costs as determined by the division.

(23) Inpatient psychiatric services. Inpatient psychiatric services to be determined by the division for recipients under age twenty-one (21) which are provided under the direction of a physician in an inpatient program in a licensed acute care psychiatric facility or in a licensed psychiatric residential treatment facility, before the recipient reaches age twenty-one (21) or, if the recipient was receiving the services immediately before he reached age twenty-one (21), before the earlier of the date he no longer requires the services or the date he reaches age twenty-two (22), as provided by federal regulations. Recipients shall be allowed forty-five (45) days per year of psychiatric services provided in acute care psychiatric facilities, and shall be allowed unlimited days of psychiatric services provided in licensed psychiatric residential treatment facilities.

(24) Managed care services in a program to be developed by the division by a public or private provider. Notwithstanding any other provision in this article to the contrary, the division shall establish rates of reimbursement to providers rendering care and services authorized under this section, and may revise such rates of reimbursement without amendment to this section by the Legislature for the purpose of achieving effective and accessible health services, and for responsible containment of costs. This shall include, but not be limited to, one (1) module of capitated managed care in a rural area, and one (1) module of capitated managed care in an urban area.

(25) Birthing center services.

(26) Hospice care. As used in this paragraph, the term "hospice care" means a coordinated program of active professional medical attention within the home and outpatient and inpatient care which treats the terminally ill patient and family as a unit, employing a medically directed interdisciplinary team. The program provides relief of severe pain or other physical symptoms and supportive care to meet the special needs arising out of physical, psychological, spiritual, social and economic stresses which are experienced during the final stages of illness and during dying and bereavement and meets the Medicare requirements for participation as a hospice as provided in 42 CFR Part 418.

(27) Group health plan premiums and cost sharing if it is cost effective as defined by the Secretary of Health and Human Services.

(28) Other health insurance premiums which are cost effective as defined by the Secretary of Health and Human Services. Medicare eligible must have Medicare Part B before other insurance premiums can be paid.

(29) The Division of Medicaid may apply for a waiver from the Department of Health and Human Services for home- and community-based services for developmentally disabled people using state funds which are provided from the appropriation to the State Department of Mental Health and used to match federal funds under a cooperative agreement between the division and the department, provided that funds for these services are specifically appropriated to the Department of Mental Health.

(30) Pediatric skilled nursing services for eligible persons under twenty-one (21) years of age.

(31) Targeted case management services for children with special needs, under waivers from the U.S. Department of Health and Human Services, using state funds that are provided from the appropriation to the Mississippi Department of Human Services and used to match federal funds under a cooperative agreement between the division and the department.

(32) Care and services provided in Christian Science Sanatoria operated by or listed and certified by The First Church of Christ Scientist, Boston, Massachusetts, rendered in connection with treatment by prayer or spiritual means to the extent that such services are subject to reimbursement under Section 1903 of the Social Security Act.

(33) Podiatrist services.

(34) Personal care services provided in a pilot program to not more than forty (40) residents at a location or locations to be determined by the division and delivered by individuals qualified to provide such services, as allowed by waivers under Title XIX of the Social Security Act, as amended. The division shall not expend more than Three Hundred Thousand Dollars ($300,000.00) annually to provide such personal care services. The division shall develop recommendations for the effective regulation of any facilities that would provide personal care services which may become eligible for Medicaid reimbursement under this section, and shall present such recommendations with any proposed legislation to the 1996 Regular Session of the Legislature on or before January 1, 1996.

(35) Services and activities authorized in Sections 43-27-101 and 43-27-103, using state funds that are provided from the appropriation to the State Department of Human Services and used to match federal funds under a cooperative agreement between the division and the department.

(36) Nonemergency transportation services for Medicaid-eligible persons, to be provided by the Department of Human Services. The division may contract with additional entities to administer non-emergency transportation services as it deems necessary. All providers shall have a valid driver's license, vehicle inspection sticker and a standard liability insurance policy covering the vehicle.

(37) Targeted case management services for individuals with chronic diseases, with expanded eligibility to cover services to uninsured recipients, on a pilot program basis. This paragraph (37) shall be contingent upon continued receipt of special funds from the Health Care Financing Authority and private foundations who have granted funds for planning these services. No funding for these services shall be provided from State General Funds.

(38) Chiropractic services: a chiropractor's manual manipulation of the spine to correct a subluxation, if x-ray demonstrates that a subluxation exists and if the subluxation has resulted in a neuromusculoskeletal condition for which manipulation is appropriate treatment. Reimbursement for chiropractic services shall not exceed Seven Hundred Dollars ($700.00) per year per recipient.

Notwithstanding any provision of this article, except as authorized in the following paragraph and in Section 43-13-139, neither (a) the limitations on quantity or frequency of use of or the fees or charges for any of the care or services available to recipients under this section, nor (b) the payments or rates of reimbursement to providers rendering care or services authorized under this section to recipients, may be increased, decreased or otherwise changed from the levels in effect on July 1, 1986, unless such is authorized by an amendment to this section by the Legislature. However, the restriction in this paragraph shall not prevent the division from changing the payments or rates of reimbursement to providers without an amendment to this section whenever such changes are required by federal law or regulation, or whenever such changes are necessary to correct administrative errors or omissions in calculating such payments or rates of reimbursement.

Notwithstanding any provision of this article, no new groups or categories of recipients and new types of care and services may be added without enabling legislation from the Mississippi Legislature, except that the division may authorize such changes without enabling legislation when such addition of recipients or services is ordered by a court of proper authority. The director shall keep the Governor advised on a timely basis of the funds available for expenditure and the projected expenditures. In the event current or projected expenditures can be reasonably anticipated to exceed the amounts appropriated for any fiscal year, the Governor, after consultation with the director, shall discontinue any or all of the payment of the types of care and services as provided herein which are deemed to be optional services under Title XIX of the federal Social Security Act, as amended, for any period necessary to not exceed appropriated funds, and when necessary shall institute any other cost containment measures on any program or programs authorized under the article to the extent allowed under the federal law governing such program or programs, it being the intent of the Legislature that expenditures during any fiscal year shall not exceed the amounts appropriated for such fiscal year.

SECTION 203. Section 43-13-121, Mississippi Code of 1972, is amended as follows:

43-13-121. (1) The division is authorized and empowered to

administer a program of medical assistance under the provisions of this article, and to do the following:

(a) Adopt and promulgate reasonable rules, regulations and standards in accordance with the Mississippi Administrative Procedure Law of 1999, with approval of the Governor:

(i) Establishing methods and procedures as may be necessary for the proper and efficient administration of this article;

(ii) Providing medical assistance to all qualified recipients under the provisions of this article as the division may determine and within the limits of appropriated funds;

(iii) Establishing reasonable fees, charges and rates for medical services and drugs; and in doing so shall fix all such fees, charges and rates at the minimum levels absolutely necessary to provide the medical assistance authorized by this article, and shall not change any such fees, charges or rates except as may be authorized in Section 43-13-117;

(iv) Providing for fair and impartial hearings; (v) Providing safeguards for preserving the confidentiality of records; and

(vi) For detecting and processing fraudulent practices and abuses of the program;

(b) Receive and expend state, federal and other funds in accordance with court judgments or settlements and agreements between the State of Mississippi and the federal government, the rules and regulations promulgated by the division, with the approval of the Governor, and within the limitations and restrictions of this article and within the limits of funds available for such purpose;

(c) Subject to the limits imposed by this article, to submit a plan for medical assistance to the federal Department of Health and Human Services for approval pursuant to the provisions of the Social Security Act, to act for the state in making negotiations relative to the submission and approval of such plan, to make such arrangements, not inconsistent with the law, as may be required by or pursuant to federal law to obtain and retain such approval and to secure for the state the benefits of the provisions of such law;

No agreements, specifically including the general plan for the operation of the Medicaid program in this state, shall be made by and between the division and the Department of Health and Human Services unless the Attorney General of the State of Mississippi has reviewed said agreements, specifically including said operational plan, and has certified in writing to the Governor and to the director of the division that said agreements, including said plan of operation, have been drawn strictly in accordance with the terms and requirements of this article;

(d) Pursuant to the purposes and intent of this article and in compliance with its provisions, provide for aged persons otherwise eligible the benefits provided under Title XVIII of the federal Social Security Act by expenditure of funds available for such purposes;

(e) To make reports to the federal Department of Health and Human Services as from time to time may be required by such federal department and to the Mississippi Legislature as hereinafter provided;

(f) Define and determine the scope, duration and amount of medical assistance which may be provided in accordance with this article and establish priorities therefor in conformity with this article;

(g) Cooperate and contract with other state agencies for the purpose of coordinating medical assistance rendered under this article and eliminating duplication and inefficiency in the program;

(h) Adopt and use an official seal of the division;

(i) Sue in its own name on behalf of the State of Mississippi and employ legal counsel on a contingency basis with the approval of the Attorney General;

(j) To recover any and all payments incorrectly made by the division or by the Medicaid Commission to a recipient or provider from the recipient or provider receiving said payments;

(k) To recover any and all payments by the division or by the Medicaid Commission fraudulently obtained by a recipient or provider. Additionally, if recovery of any payments fraudulently obtained by a recipient or provider is made in any court, then, upon motion of the Governor, the judge of said court may award twice the payments recovered as damages;

(l) To conduct adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999;

(m) Have full, complete and plenary power and authority to conduct such investigations as it may deem necessary and requisite of alleged or suspected violations or abuses of the provisions of this article or of the regulations adopted hereunder including, but not limited to, fraudulent or unlawful act or deed by applicants for medical assistance or other benefits, or payments made to any person, firm or corporation under the terms, conditions and authority of this article, to suspend or disqualify any provider of services, applicant or recipient for gross abuse, fraudulent or unlawful acts for such periods, including permanently, and under such conditions as the division may deem proper and just, including the imposition of a legal rate of interest on the amount improperly or incorrectly paid. Should an adjudicative proceeding or other administrative hearing become necessary, the division shall be authorized, should the provider not succeed in his defense, in taxing the costs of the administrative hearing, including the costs of the court reporter or stenographer and transcript, to the provider. The convictions of a recipient or a provider in a state or federal court for abuse, fraudulent or unlawful acts under this chapter shall constitute an automatic disqualification of the recipient or automatic disqualification of the provider from participation under the Medicaid program.

A conviction, for the purposes of this chapter, shall include a judgment entered on a plea of nolo contendere or a nonadjudicated guilty plea and shall have the same force as a judgment entered pursuant to a guilty plea or a conviction following trial. A certified copy of the judgment of

the court of competent jurisdiction of such conviction shall constitute prima facie evidence of such conviction for disqualification purposes;

(n) Establish and provide such methods of administration as may be necessary for the proper and efficient operation of the program, fully utilizing computer equipment as may be necessary to oversee and control all current expenditures for purposes of this article, and to closely monitor and supervise all recipient payments and vendors rendering such services hereunder; and

(o) To cooperate and contract with the federal government for the purpose of providing medical assistance to Vietnamese and Cambodian refugees, pursuant to the provisions of Public Law 94-23 and Public Law 94-24, including any amendments thereto, only to the extent that such assistance and the administrative cost related thereto are one hundred percent (100%) reimbursable by the federal government. For the purposes of Section 43-13-117, persons receiving medical assistance pursuant to Public Law 94-23 and Public Law 94-24, including any amendments thereto, shall not be considered a new group or category of recipient.

(2) The division also shall exercise such additional powers and perform such other duties as may be conferred upon the division by act of the Legislature hereafter.

(3) The division, and the State Department of Health as the agency for licensure of health care facilities and certification and inspection for the Medicaid and/or Medicare programs, shall contract for or otherwise provide for the consolidation of on-site inspections of health care facilities which are necessitated by the respective programs and functions of the division and the department.

(4) The division and its hearing officers shall have power to conduct adjudicative proceedings in accordance with the Mississippi Administrative Procedure Law of 1999; to preserve and enforce order during hearings; to issue subpoenas for, to administer oaths to and to compel the attendance and testimony of witnesses, or the production of books, papers, documents and other evidence, or the taking of depositions before any designated individual competent to administer oaths; to examine witnesses; and to do all things conformable to law which may be necessary to enable them effectively to discharge the duties of their office. In compelling the attendance and testimony of witnesses, or the production of books, papers, documents and other evidence, or the taking of depositions, as authorized by this section, the division or its hearing officers may designate an individual employed by the division or some other suitable person to execute and return such process, whose action in executing and returning such process shall be as lawful as if done by the sheriff or some other proper officer authorized to execute and return process in the county where the witness may reside. In carrying out the investigatory powers under the provisions of this article, the director or other designated person or persons shall be authorized to examine, obtain, copy or reproduce the books, papers, documents, medical charts, prescriptions and other records relating to medical care and services furnished by said provider to a recipient or designated recipients of Medicaid services under investigation. In the absence of the voluntary submission of said books, papers, documents, medical charts, prescriptions and other records, the Governor, the director, or other designated person shall be authorized to issue and serve subpoenas instantly upon such provider, his agent, servant or employee for the production of said books, papers, documents, medical charts, prescriptions or other records during an audit or investigation of said provider. If any provider or his agent, servant or employee should refuse to produce said records after being duly subpoenaed, the director shall be authorized to certify such facts and institute contempt proceedings in the manner, time, and place as authorized by law for administrative proceedings. As an additional remedy, the division shall be authorized to recover all amounts paid to said provider covering the period of the audit or investigation, inclusive of a legal rate of interest and a reasonable attorney's fee and costs of court if suit becomes necessary.

(5) If any person in proceedings before the division disobeys or resists any lawful order or process, or misbehaves during a hearing or so near the place thereof as to obstruct the same, or neglects to produce, after having been ordered to do so, any pertinent book, paper or document, or refuses to appear after having been subpoenaed, or upon appearing refuses to take the oath as a witness, or after having taken the oath refuses to be examined according to law, the director shall certify the facts to any court having jurisdiction in the place in which it is sitting, and the court shall thereupon, in a summary manner, hear the evidence as to the acts complained of, and if the evidence so warrants, punish such person in the same manner and to the same extent as for a contempt committed before the court, or commit such person upon the same condition as if the doing of the forbidden act had occurred with reference to the process of, or in the presence of, the court.

(6) In suspending or terminating any provider from participation in the Medicaid Program, the division shall preclude such provider from submitting claims for payment, either personally or through any clinic, group, corporation or other association to the division or its fiscal agents for any services or supplies provided under the Medicaid Program except for those services or supplies provided prior to the suspension or termination. No clinic, group, corporation or other association which is a provider of services shall submit claims for payment to the division or its fiscal agents for any services or supplies provided by a person within such organization who has been suspended or terminated from participation in the Medicaid Program except for those services or supplies provided prior to the suspension or termination. When said provision is violated by a provider of services which is a clinic, group, corporation or other association, the division may suspend or terminate such organization from participation. Suspension may be applied by the division to all known affiliates of a provider, provided that each decision to include an affiliate is made on a case by case basis after giving due regard to all relevant facts and circumstances. The violation, failure, or inadequacy of performance may be imputed to a person with whom the provider is affiliated where such conduct was accomplished with the course of his official duty or was effectuated by him with the knowledge or approval of such person.

SECTION 204. Section 43-17-5, Mississippi Code of 1972, is amended as follows:

43-17-5. (1) The amount of Temporary Assistance for Needy Families (TANF) benefits which may be granted for any dependent child and a needy caretaker relative shall be determined by the county department with due regard to the resources and necessary expenditures of the family and the conditions existing in each case, and in accordance with the rules and regulations made by the Department of Human Services which shall not be less than the Standard of Need in effect for 1988, and shall be sufficient when added to all other income (except that any income specified in the federal Social Security Act, as amended, may be disregarded) and support available to the child to provide such child with a reasonable subsistence compatible with decency and health. The first family member in the dependent child's budget may receive an amount not to exceed Sixty Dollars ($60.00) per month; the second family member in the dependent child's budget may receive an amount not to exceed Thirty-six Dollars ($36.00) per month; and each additional family member in the dependent child's budget an amount not to exceed Twenty-four Dollars ($24.00) per month. The maximum for any individual family member in the dependent child's budget may be exceeded for foster or medical care or in cases of mentally retarded or physically handicapped children. TANF benefits granted shall be specifically limited only (a) to children existing or conceived at the time the caretaker relative initially applies and qualifies for such assistance, unless this limitation is specifically waived by the department, or (b) to a child born following a twelve (12) consecutive month period of discontinued benefits by the caretaker relative.

(2) TANF cash benefits in Mississippi shall be provided by monthly checks mailed to the recipient family until such time as an on-line electronic benefits transfer system for TANF benefit payments is implemented pursuant to Section 43-1-28.

(3) The Department of Human Services shall deny TANF benefits to the following categories of individuals, except for individuals and families specifically exempt or excluded for good cause as allowed by federal statute or regulation:

(a) Families without a minor child residing with the custodial parent or other adult caretaker relative of the child;

(b) Families which include an adult who has received TANF assistance for sixty (60) months after the commencement of the Mississippi TANF program, whether or not such period of time is consecutive;

(c) Families not assigning to the state any rights a family member may have, on behalf of the family member or of any other person for whom the family member has applied for or is receiving such assistance, to support from any other person, as required by law;

(d) Families who fail to cooperate in establishing paternity or obtaining child support, as required by law;

(e) Any individual who has not attained eighteen (18) years of age, is not married to the head of household, has a minor child at least twelve (12) weeks of age in his or her care, and has not successfully completed a high school education or its equivalent, if such individual does not participate in educational activities directed toward the attainment of a high school diploma or its equivalent, or an alternative educational or training program approved by the department;

(f) Any individual who has not attained eighteen (18) years of age, is not married, has a minor child in his or her care, and does not reside in a place or residence maintained by a parent, legal guardian or other adult relative or the individual as such parent's, guardian's or adult relative's own home;

(g) Any minor child who has been, or is expected by a parent or other caretaker relative of the child to be, absent from the home for a period of more than thirty (30) days;

(h) Any individual who is a parent or other caretaker relative of a minor child who fails to notify the department of the absence of the minor child from the home for the thirty-day period specified in paragraph (g), by the end of the five-day period that begins with the date that it becomes clear to the individual that the minor child will be absent for the thirty-day period;

(i) Any individual who fails to comply with the provisions of the Employability Development Plan signed by the individual which prescribe those activities designed to help the individual become and remain employed, or to participate satisfactorily in the assigned work activity, as authorized under subsection (6)(c);

(j) A parent or caretaker relative who has not engaged in an allowable work activity once the department determines the parent or caretaker relative is ready to engage in work, or once the parent or caretaker relative has received TANF assistance under the program for twenty-four (24) months, whether or not consecutive, whichever is earlier;

(k) Any individual who is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the jurisdiction from which the individual flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or who is violating a condition of probation or parole imposed under federal or state law;

(l) Aliens who are not qualified under federal law;

(m) For a period of ten (10) years following conviction, individuals convicted in federal or state court of having made a fraudulent statement or representation with respect to the individual's place of residence in order to receive TANF, food stamps or Supplemental Security Income (SSI) assistance under Title XVI or Title XIX simultaneously from two (2) or more states; and

(n) Individuals who are recipients of federal Supplemental Security Income (SSI) assistance.

(4) (a) Any person who is otherwise eligible for TANF benefits, including custodial and noncustodial parents, shall be required to attend school and meet the monthly attendance requirement as provided in this subsection if all of the following apply:

(i) The person is under age twenty (20);

(ii) The person has not graduated from a public or private high school or obtained a GED equivalent;

(iii) The person is physically able to attend school and is not excused from attending school; and

(iv) If the person is a parent or caretaker relative with whom a dependent child is living, child care is available for the child.

The monthly attendance requirement under this subsection shall be attendance at the school in which the person is enrolled for each day during a month that the school conducts classes in which the person is enrolled, with not more than two (2) absences during the month for reasons other than the reasons listed in paragraph (e)(iv) of this subsection. Persons who fail to meet participation requirements in this subsection shall be subject to sanctions as provided in paragraph (f) of this subsection.

(b) As used in this subsection, "school" means any one (1) of the following:

(i) A school as defined in Section 37-13-91(2);

(ii) A vocational, technical and adult education program; or

(iii) A course of study meeting the standards established by the State Department of Education for the granting of a declaration of equivalency of high school graduation.

(c) If any compulsory-school-age child, as defined in Section 37-13-91(2), to which TANF eligibility requirements apply is not in compliance with the compulsory school attendance requirements of Section 37-13-91(6), the superintendent of schools of the school district in which the child is enrolled or eligible to attend shall notify the county department of human services of the child's noncompliance. The Department of Human Services shall review school attendance information as provided under this paragraph at all initial eligibility determinations and upon subsequent report of unsatisfactory attendance.

(d) The signature of a person on an application for TANF benefits constitutes permission for the release of school attendance records for that person or for any child residing with that person. The department shall request information from the child's school district about the child's attendance in the school district's most recently completed semester of attendance. If information about the child's previous school attendance is not available or cannot be verified, the department shall require the child to meet the monthly attendance requirement for one (1) semester or until the information is obtained. The department shall use the attendance information provided by a school district to verify attendance for a child. The department shall review with the parent or caretaker relative a child's claim that he or she has a good cause for not attending school.

A school district shall provide information to the department about the attendance of a child who is enrolled in a public school in the district within five (5) working days of the receipt of a written request for such information from the department. The school district shall define how many hours of attendance count as a full day and shall provide that information, upon request, to the department. In reporting attendance, the school district may add partial days' absence together to constitute a full day's absence.

(e) A child who is required to attend school to meet the requirements under this subsection shall comply except when there is good cause, which shall be demonstrated by any of the following circumstances:

(i) The minor parent is the caretaker of a child less than twelve (12) weeks old; or

(ii) The department determines that child care services are necessary for the minor parent to attend school and there is no child care available; or

(iii) The child is prohibited by the school district from attending school and an expulsion is pending. This exemption no longer applies once the teenager has been expelled; however, a teenager who has been expelled and is making satisfactory progress towards obtaining a GED equivalent shall be eligible for TANF benefits; or

(iv) The child failed to attend school for one or more of the following reasons:

1. Illness, injury or incapacity of the child or the minor parent's child;

2. Court-required appearances or temporary incarceration;

3. Medical or dental appointments for the child or minor parent's child;

4. Death of a close relative;

5. Observance of a religious holiday;

6. Family emergency;

7. Breakdown in transportation;

8. Suspension; or

9. Any other circumstance beyond the control of the child, as defined in regulations of the department.

(f) Upon determination that a child has failed without good cause to attend school as required, the department shall provide written notice to the parent or caretaker relative (whoever is the primary recipient of the TANF benefits) that specifies:

(i) That the family will be sanctioned in the next possible payment month because the child who is required to attend school has failed to meet the attendance requirement of this subsection;

(ii) The beginning date of the sanction, and the child to whom the sanction applies;

(iii) The right of the child's parents or caretaker relative (whoever is the primary recipient of the TANF benefits) to request under this subsection.

The child's parent or caretaker relative (whoever is the primary recipient of the TANF benefits) may request an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 on the department's determination that the child has not been attending school. If the child's parents or caretaker relative does not request an adjudicative proceeding under this subsection, or if, after an adjudicative proceeding has been conducted the hearing officer finds that the child without good cause has failed to meet the monthly attendance requirement, the department shall discontinue or deny TANF benefits to the child thirteen (13) years old, or older, in the next possible payment month. The department shall discontinue or deny twenty-five percent (25%) of the family grant when a child six (6) through twelve (12) years of age without good cause has failed to meet the monthly attendance requirement. Both the child and family sanction may apply when children in both age groups fail to meet the attendance requirement without good cause. A sanction applied under this subsection shall be effective for one (1) month for each month that the child failed to meet the monthly attendance requirement. In the case of a dropout, the sanction shall remain in force until the parent or caretaker relative provides written proof from the school district that the child has reenrolled and met the monthly attendance requirement for one (1) calendar month. Any month in which school is in session for at least ten (10) days during the month may be used to meet the attendance requirement under this subsection. This includes attendance at summer school. The sanction shall be removed the next possible payment month.

(5) All parents or caretaker relatives shall have their dependent children receive vaccinations and booster vaccinations against those diseases specified by the State Health Officer pursuant to Section 41-23-37 in accordance with the vaccination and booster vaccination schedule prescribed by the State Health Officer for children of that age, in order for the parents or caretaker relatives to be eligible or remain eligible to receive TANF benefits. Proof of having received such vaccinations and booster vaccinations shall be given by presenting the certificates of vaccination issued by any health care provider licensed to administer vaccinations, and submitted on forms specified by the State Board of Health. If the parents without good cause do not have their dependent children receive the vaccinations and booster vaccinations as required by this subsection and they fail to comply after thirty (30) days' notice, the department shall sanction the family's TANF benefits by twenty-five percent (25%) for the next payment month and each subsequent payment month until the requirements of this subsection are met.

(6) (a) If the parent or caretaker relative applying for TANF assistance is an employable person, as determined by the Department of Human Services, the person shall be required to engage in an allowable work activity once the department determines the parent or caretaker relative is ready to engage in work, or once the parent or caretaker relative has received TANF assistance under the program for twenty-four (24) months, whether or not consecutive, whichever is earlier. No TANF benefits shall be given to any person to whom this section applies who fails without good cause to comply with the Employability Development Plan prepared by the department for the person, or who has refused to accept a referral or offer of employment, training or education in which he or she is able to engage, subject to the penalties prescribed in subsection (6)(d). A person shall be deemed to have refused to accept a referral or offer of employment, training or education if he or she:

(i) Willfully fails to report for an interview with respect to employment when requested to do so by the department; or

(ii) Willfully fails to report to the department the result of a referral to employment; or

(iii) Willfully fails to report for allowable work activities as prescribed in subsection (6)(c).

(b) The Department of Human Services shall operate a statewide work program for TANF recipients to provide work activities and supportive services to enable families to become self-sufficient and improve their competitive position in the work force in accordance with the requirements of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), as amended, and the regulations promulgated thereunder. All adults who are not specifically exempt shall be referred by the department for allowable work activities. An adult may be exempt from the mandatory work activity requirement for the following reasons:

(i) Incapacity;

(ii) Temporary illness or injury, verified by physician's certificate;

(iii) Is in the third trimester of pregnancy, verified by physician's certificate;

(iv) Caretaker of a child under twelve (12) months, for not more than twelve (12) months of the sixty-month maximum benefit period;

(v) Caretaker of an ill or incapacitated person, as verified by physician's certificate;

(vi) Age, if over sixty (60) or under eighteen (18) years of age;

(vii) Receiving treatment for substance abuse, if the person is in compliance with the substance abuse treatment plan;

(viii) In a two-parent family, the caretaker of a severely disabled child, as verified by a physician's certificate; or

(ix) History of having been a victim of domestic violence, which has been reported as required by state law and is substantiated by police reports or court records, and being at risk of further domestic violence, shall be exempt for a period as deemed necessary by the department but not to exceed a total of twelve (12) months, which need not be consecutive, in the sixty-month maximum benefit period. For the purposes of this paragraph (ix), "domestic violence" means that an individual has been subjected to:

1. Physical acts that resulted in, or threatened to result in, physical injury to the individual;

2. Sexual abuse;

3. Sexual activity involving a dependent child;

4. Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;

5. Threats of, or attempts at, physical or sexual abuse;

6. Mental abuse; or

7. Neglect or deprivation of medical care.

(c) For all families, all adults who are not specifically exempt shall be required to participate in work activities for at least the minimum average number of hours per week specified by federal law or regulation, not fewer than twenty (20) hours per week (thirty-five (35) hours per week for two-parent families) of which are attributable to the following allowable work activities:

(i) Unsubsidized employment;

(ii) Subsidized private employment;

(iii) Subsidized public employment;

(iv) Work experience (including work associated with the refurbishing of publicly assisted housing), if sufficient private employment is not available;

(v) On-the-job training;

(vi) Job search and job readiness assistance consistent with federal TANF regulations;

(vii) Community service programs;

(viii) Vocational educational training (not to exceed twelve (12) months with respect to any individual);

(ix) The provision of child care services to an individual who is participating in a community service program;

(x) Satisfactory attendance at high school or in a course of study leading to a high school equivalency certificate, for heads of household under age twenty (20) who have not completed high school or received such certificate;

(xi) Education directly related to employment, for heads of household under age twenty (20) who have not completed high school or received such equivalency certificate.

The following are allowable work activities which may be attributable to hours in excess of the minimum specified above:

(i) Job skills training directly related to employment;

(ii) Education directly related to employment for individuals who have not completed high school or received a high school equivalency certificate;

(iii) Satisfactory attendance at high school or in a course of study leading to a high school equivalency, for individuals who have not completed high school or received such equivalency certificate;

(iv) Job search and job readiness assistance consistent with federal TANF regulations.

(d) If any adult or caretaker relative refuses to participate in allowable work activity as required under this subsection (6), the following full family TANF benefit penalty will apply, subject to due process to include notification, conciliation and a hearing if requested by the recipient:

(i) For the first violation, the department shall terminate the TANF assistance otherwise payable to the family for a two-month period or until the person has complied with the required work activity, whichever is longer;

(ii) For the second violation, the department shall terminate the TANF assistance otherwise payable to the family for a six-month period or until the person has complied with the required work activity, whichever is longer;

(iii) For the third violation, the department shall terminate the TANF assistance otherwise payable to the family for a twelve-month period or until the person has complied with the required work activity, whichever is longer;

(iv) For the fourth violation, the person shall be permanently disqualified.

For a two-parent family, unless prohibited by state or federal law, Medicaid assistance shall be terminated only for the person whose failure to participate in allowable work activity caused the family's TANF assistance to be sanctioned under this subsection (6)(d), unless an individual is pregnant, but shall not be terminated for any other person in the family who is meeting that person's applicable work requirement or who is not required to work. Minor children shall continue to be eligible for Medicaid benefits regardless of the disqualification of their parent or caretaker relative for TANF assistance under this subsection (6), unless prohibited by state or federal law.

(e) Any person enrolled in a two-year or four-year college program who meets the eligibility requirements to receive TANF benefits, and who is meeting the applicable work requirements and all other applicable requirements of the TANF program, shall continue to be eligible for TANF benefits while enrolled in the college program for as long as the person meets the requirements of the TANF program, unless prohibited by federal law.

(f) No adult in a work activity required under this subsection (6) shall be employed or assigned (i) when any other individual is on layoff from the same or any substantially equivalent job within six (6) months before the date of the TANF recipient's employment or assignment; or (ii) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its work force in order to fill the vacancy so created with an adult receiving TANF assistance. The Mississippi Employment Security Commission, established under Section 71-5-101, shall appoint one or more impartial hearing officers to hear and decide claims by employees of violations of this paragraph (f). The hearing officer shall hear all the evidence with respect to any claim made hereunder and such additional evidence as he may require and shall make a determination and the reason therefor. The claimant shall be promptly notified of the decision of the hearing officer and the reason therefor. Within ten (10) days after the decision of the hearing officer has become final, any party aggrieved thereby may secure judicial review thereof by commencing an action, in the circuit court of the county in which the claimant resides, against the commission for the review of such decision, in which action any other party to the proceeding before the hearing officer shall be made a defendant. Any such appeal shall be on the record which shall be certified to the court by the commission in the manner provided in Section 71-5-531, and the jurisdiction of the court shall be confined to questions of law which shall render its decision as provided in that section.

(7) The Department of Human Services may provide child care for eligible participants who require such care so that they may accept employment or remain employed. The department may also provide child care for those participating in the TANF program when it is determined that they are satisfactorily involved in education, training or other allowable work activities. The department may contract with Head Start agencies to provide child care services to TANF recipients. The department may also arrange for child care by use of contract or vouchers, provide vouchers in advance to a caretaker relative, reimburse a child care provider, or use any other arrangement deemed appropriate by the department, and may establish different reimbursement rates for child care services depending on the category of the facility or home. Any center-based or group home child care facility under this paragraph shall be licensed by the State Department of Health pursuant to law. When child care is being provided in the child's own home, in the home of a relative of the child, or in any other unlicensed setting, the provision of such child care may be monitored on a random basis by the Department of Human services or the State Department of Health. Transitional child care assistance may be continued if it is necessary for parents to maintain employment once support has ended, unless prohibited under state or federal law. Transitional child care assistance may be provided for up to twenty-four (24) months after the last month during which the family was eligible for TANF assistance, if federal funds are available for such child care assistance.

(8) The Department of Human Services may provide transportation or provide reasonable reimbursement for transportation expenses that are necessary for individuals to be able to participate in allowable work activity under the TANF program.

(9) Medicaid assistance shall be provided to a family of TANF program participants for up to twenty-four (24) consecutive calendar months following the month in which the participating family would be ineligible for TANF benefits because of increased income, expiration of earned income disregards, or increased hours of employment of the caretaker relative; however, Medicaid assistance for more than twelve (12) months may be provided only if a federal waiver is obtained to provide such assistance for more than twelve (12) months and federal and state funds are available to provide such assistance.

(10) The department shall require applicants for and recipients of public assistance from the department to sign a personal responsibility contract that will require the applicant or recipient to acknowledge his or her responsibilities to the state.

(11) The department shall enter into an agreement with the State Personnel Board and other state agencies that will allow those TANF participants who qualify for vacant jobs within state agencies to be placed in state jobs. State agencies participating in the TANF work program shall receive any and all benefits received by employers in the private sector for hiring TANF recipients. This subsection (11) shall be effective only if the state obtains any necessary federal waiver or approval and if federal funds are available therefor.

(12) No new TANF program requirement or restriction affecting a person's eligibility for TANF assistance, or allowable work activity, which is not mandated by federal law or regulation may be implemented by the Department of Human Services after the effective date of this act, unless such is specifically authorized by an amendment to this section by the Legislature.

SECTION 205. Section 43-19-57, Mississippi Code of 1972, is amended as follows:

43-19-57. (1) Any administrative subpoena issued by the Department of Human Services pursuant to the provisions of Laws, 1997, Chapter 588, shall be directed to the appropriate party or entity and signed by the Director of the Department of Human Services or his designee.

(2) A person may have judicial review of the issuance of an administrative subpoena in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 206. Section 43-19-58, Mississippi Code of 1972, is amended as follows:

43-19-58. (1) Persons wishing to contest the imposition of an administrative civil penalty under the provisions of Laws, 1997, Chapter 588, shall be entitled to an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 before the Director of the Department of Human Services or his designee by so requesting within twenty (20) days after receiving notice of the imposition of the administratively imposed civil penalty. The request shall identify the civil penalty contested and legibly state the contestant's name, mailing address and home and daytime phone numbers. The date, time and place for the hearing shall be made as convenient as possible for the contestant, who shall receive notice thereof not less than seven (7) days before the hearing. A hearing on whether to impose a civil penalty and to consider circumstances in mitigation shall be held on the time and the place specified in the notice. * * *

(2) After the adjudicative proceeding, the director or his designee shall issue his order, which shall be subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

(3) The director or his designee may enforce the order assessing the penalty in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 207. Section 43-20-14, Mississippi Code of 1972, is amended as follows:

43-20-14. (1) The licensing agency may deny a license or refuse to renew a license for any of the reasons set forth in subsection (3) of this section.

(2) Before the licensing agency may deny or refuse to renew, any applicant affected by such decision of the licensing agency shall be entitled to an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 in which the applicant may show cause why the license should not be denied or should be renewed.

(3) The licensing agency may suspend, revoke or restrict the license of any facility where the licensee or applicant for license has been guilty of conduct which has endangered or is likely to endanger the health or safety of the children entrusted to or cared for by such facility. Such conduct shall be defined as:

(a) Obtaining a license by means of fraud, misrepresentation or concealment of material facts;

(b) Being convicted of a crime in any court of the State of Mississippi or any federal court if the acts for which he is convicted are found by the licensing agency to have a direct and detrimental effect on the children entrusted to or cared for by such licensee;

(c) Violating any of the regulations governing the licensing and regulation of child care facilities promulgated by the licensing agency; and

(d) Any conduct, or failure to act, which threatens the health, safety or well-being of children at the facility.

(4) Before the licensing agency may suspend, revoke or restrict the license of any facility, any licensee affected by such decision of the licensing agency shall be entitled to an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 in which the licensee may show cause why the license should not be suspended, revoked or restricted.

(5) Any licensee who disagrees with or is aggrieved by a decision of the Mississippi State Department of Health in regard to the suspension, revocation or restriction of such license, may of right have judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 208. Section 45-1-21, Mississippi Code of 1972, is amended as follows:

45-1-21. The Mississippi Department of Public Safety being required by law to keep various records and perform various services and being authorized to furnish certain records and services, said department, by direction of the Commissioner of Public Safety, shall establish and collect for such services a proper fee, commensurate with the service rendered and the cost of such service for the furnishing of any record or abstract thereof in the Department of Public Safety now or which may hereafter be required by law to be kept by said department, any photograph or photo copy or any report of any kind authorized by law, including services for polygraph tests and reports thereof.

No records shall be furnished by the Mississippi Department of Public Safety which are classified as confidential by law. All fees collected under this section shall be paid into the General Fund of the State Treasury in accordance with the provisions of Section 45-1-23(2).

Provided, however, that any amount of said fee set in excess of those fees set in the schedule of fees on file with the Secretary of State under the Mississippi Administrative Procedure Law of 1999 as of November 1, 1990, shall be deposited by the State Treasurer to the credit of a special fund hereby created in the State Treasury and designated the Department of Public Safety Administrative Fund. Monies deposited in such fund shall be expended by the Department of Public Safety, as authorized and appropriated by the Legislature, to defray the expenses of the department. Any revenue in the fund which is not encumbered at the end of the fiscal year shall lapse to the State General Fund.

SECTION 209. Section 45-6-11, Mississippi Code of 1972, is amended as follows:

45-6-11. (1) Law enforcement officers already serving under permanent appointment on July 1, 1981 and personnel of the division of community services under Section 47-7-9, Mississippi Code of 1972, serving on July 1, 1994, shall not be required to meet any requirement of subsections (3) and (4) of this section as a condition of continued employment; nor shall failure of any such law enforcement officer to fulfill such requirements make that person ineligible for any promotional examination for which that person is otherwise eligible. Provided, however, if any law enforcement officer certified under the provisions of this chapter leaves his employment as such and does not become employed as a law enforcement officer within two (2) years from the date of termination of his prior employment, he shall be required to comply with board policy as to rehiring standards in order to be employed as a law enforcement officer; except, that, if any law enforcement officer certified under this chapter leaves his employment as such to serve as a sheriff, he may be employed as a law enforcement officer after he has completed his service as a sheriff without being required to comply with board policy as to rehiring standards. Part-time law enforcement officers serving on or before July 1, 1998, shall have until July 1, 2001, to obtain certification as a part-time officer.

(2) Any person who has twenty (20) years of law enforcement experience and who is eligible to be certified under this section shall be eligible for recertification after leaving law enforcement on the same basis as someone who has taken the basic training course. Application to the board to qualify under this subsection shall be made no later than June 30, 1993.

(3) (a) No person shall be appointed or employed as a law enforcement officer or a part-time law enforcement officer unless that person has been certified as being qualified under the provisions of subsection (4) of this section.

(b) No person shall be appointed or employed as a law enforcement trainee by any law enforcement unit for a period to exceed two (2) years. The prohibition against the appointment or employment of a law enforcement trainee for a period not to exceed two (2) years may not be nullified by terminating the appointment or employment of such a person before the expiration of the time period and then rehiring the person for another period. Any person, who, due to illness or other events beyond his control, could not attend the required school or training as scheduled, may serve with full pay and benefits in such a capacity until he can attend the required school or training.

(c) No person shall serve as a law enforcement officer in any full-time, part-time, reserve or auxiliary capacity during a period when that person's certification has been suspended, cancelled or recalled pursuant to the provisions of this chapter.

(4) In addition to the requirements of subsections (3), (7) and (8) of this section, the board, by rules and regulations consistent with other provisions of law, shall fix other qualifications for the employment of law enforcement officers, including minimum age, education, physical and mental standards, citizenship, good moral character, experience and such other matters as relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement officers, and the board shall prescribe the means for presenting evidence of fulfillment of these requirements. Additionally, the board shall fix qualifications for the appointment or employment of part-time law enforcement officers to essentially the same standards and requirements as law enforcement officers. The board shall develop and implement a part-time law enforcement officer training program that meets the same performance objectives and has essentially the same or similar content as the programs approved by the board for full-time law enforcement officers.

(5) Any elected sheriff, constable, deputy or chief of police may apply for certification. Such certification shall be granted at the request of the elected official after providing evidence of satisfaction of the requirements of subsections (3) and (4) of this section. Certification granted to such elected officials shall be granted under the same standards and conditions as established by law enforcement officers and shall be subject to recall as in subsection (7) of this section.

(6) The board shall issue a certificate evidencing satisfaction of the requirements of subsections (3) and (4) of this section to any applicant who presents such evidence as may be required by its rules and regulations of satisfactory completion of a program or course of instruction in another jurisdiction equivalent in content and quality to that required by the board for approved law enforcement officer education and training programs in this state, and has satisfactorily passed any and all diagnostic testing and evaluation as required by the board to ensure competency.

(7) Professional certificates remain the property of the board, and the board reserves the right to either reprimand the holder of a certificate, suspend a certificate upon conditions imposed by the board, or cancel and recall any certificate when:

(a) The certificate was issued by administrative error;

(b) The certificate was obtained through misrepresentation or fraud;

(c) The holder has been convicted of any crime involving moral turpitude;

(d) The holder has been convicted of a felony; or

(e) Other due cause as determined by the board.

(8) When the board believes there is a reasonable basis for either the reprimand, suspension, cancellation of, or recalling the certification of a law enforcement officer or a part-time law enforcement officer, notice and opportunity for an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 shall be provided * * * prior to such reprimand, suspension or revocation.

(9) Any full- or part-time law enforcement officer aggrieved by the findings and order of the board may seek judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

(10) Any full- or part-time law enforcement officer whose certification has been cancelled pursuant to this chapter may reapply for certification, but not sooner than two (2) years after the date on which the order of the board cancelling such certification becomes final.

SECTION 210. Section 45-9-101, Mississippi Code of 1972, is amended as follows:

45-9-101. (1) (a) The Department of Public Safety is authorized to issue licenses to carry concealed pistols or revolvers to persons qualified as provided in this section. Such licenses shall be valid throughout the state for a period of four (4) years from the date of issuance. Any person possessing a valid license issued pursuant to this section may carry a concealed pistol or concealed revolver.

(b) The licensee must carry the license, together with valid identification, at all times in which the licensee is carrying a concealed pistol or revolver and must display both the license and proper identification upon demand by a law enforcement officer. A violation of the provisions of this paragraph (b) shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by summons.

(2) The Department of Public Safety shall issue a license if the applicant:

(a) Is a resident of the state and has been a resident for twelve (12) months or longer immediately preceding the filing of the application;

(b) Is twenty-one (21) years of age or older;

(c) Does not suffer from a physical infirmity which prevents the safe handling of a pistol or revolver;

(d) Is not ineligible to possess a firearm by virtue of having been convicted of a felony in a court of this state, of any other state, or of the United States without having been pardoned for same;

(e) Does not chronically or habitually abuse controlled substances to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses controlled substances to the extent that his faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or been found guilty of a crime under the provisions of the Uniform Controlled Substances Law or similar laws of any other state or the United States relating to controlled substances within a three-year period immediately preceding the date on which the application is submitted;

(f) Does not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under the laws of this state or similar laws of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;

(g) Desires a legal means to carry a concealed pistol or revolver to defend himself;

(h) Has not been adjudicated mentally incompetent, or has waited five (5) years from the date of his restoration to capacity by court order;

(i) Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility unless he possesses a certificate from a psychiatrist licensed in this state that he has not suffered from disability for a period of five (5) years;

(j) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled; and

(k) Is not a fugitive from justice.

(3) The Department of Public Safety may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred prior to the date on which the application is submitted, or may revoke a license if the licensee has been found guilty of one or more crimes of violence within the preceding three (3) years. The department shall, upon notification by a law enforcement agency or a court and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime which would disqualify such person from having a license under this section, until final disposition of the case. The provisions of subsection (7) of this section shall apply to any suspension or revocation of a license pursuant to the provisions of this section.

(4) The application shall be completed, under oath, on a form promulgated by the Department of Public Safety and shall include only:

(a) The name, address, place and date of birth, race, sex and occupation of the applicant;

(b) The driver's license number or Social Security number of applicant;

(c) Any previous address of the applicant for the two (2) years preceding the date of the application;

(d) A statement that the applicant is in compliance with criteria contained within subsections (2) and (3) of this section;

(e) A statement that the applicant has been furnished a copy of this section and is knowledgeable of its provisions;

(f) A conspicuous warning that the application is executed under oath and that a knowingly false answer to any question, or the knowing submission of any false document by the applicant, subjects the applicant to criminal prosecution; and

(g) A statement that the applicant desires a legal means to carry a concealed pistol or revolver to defend himself.

(5) The applicant shall submit only the following to the Department of Public Safety:

(a) A completed application as described in subsection (4) of this section;

(b) A full-face photograph of the applicant;

(c) A nonrefundable license fee of One Hundred Dollars ($100.00). Costs for processing the set of fingerprints as required in paragraph (c) of this subsection shall be borne by the applicant. Honorably retired law enforcement officers shall be exempt from the payment of the license fee;

(d) A full set of fingerprints of the applicant administered by the Department of Public Safety; and

(e) A waiver authorizing the Department of Public Safety access to any records concerning commitments of the applicant to any of the treatment facilities or institutions referred to in subsection (2) and permitting access to all the applicant's criminal records.

(6) (a) The Department of Public Safety, upon receipt of the items listed in subsection (5) of this section, shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing.

(b) The Department of Public Safety shall forward a copy of the applicant's application to the sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence. The sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence may, at his discretion, participate in the process by submitting a voluntary report to the Department of Public Safety containing any readily discoverable prior information that he feels may be pertinent to the licensing of any applicant. The reporting shall be made within thirty (30) days after the date he receives the copy of the application. Upon receipt of a response from a sheriff or police chief, such sheriff or police chief shall be reimbursed at a rate set by the department.

(c) The Department of Public Safety shall, within one hundred twenty (120) days after the date of receipt of the items listed in subsection (5) of this section:

(i) Issue the license; or

(ii) Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in subsections (2) and (3) of this section. If the Department of Public Safety denies the application, it shall notify the applicant in writing, stating the ground for denial, and the denial shall be subject to the appeal process set forth in subsection (7).

(d) In the event a legible set of fingerprints, as determined by the Department of Public Safety and the Federal Bureau of Investigation, cannot be obtained after a minimum of three (3) attempts, the Department of Public Safety shall determine eligibility based upon a name check by the Mississippi Highway Safety Patrol and a Federal Bureau of Investigation name check conducted by the Mississippi Highway Safety Patrol at the request of the Department of Public Safety.

(7) (a) If the Department of Public Safety denies the issuance of a license, or suspends or revokes a license, the party aggrieved may appeal such denial, suspension or revocation to the Commissioner of Public Safety, or his authorized agent, within thirty (30) days after the aggrieved party receives written notice of such denial, suspension or revocation. * * * Such review shall be conducted pursuant to such reasonable rules and regulations as the Commissioner of Public Safety may adopt not inconsistent with the Mississippi Administrative Procedure Law of 1999.

(b) Judicial review of the revocation, suspension or denial of issuance is sustained by the Commissioner of Public Safety * * *. * * * No such party shall be allowed to carry a concealed pistol or revolver pursuant to the provisions of this section while any such proceeding for judicial review is pending.

(8) The Department of Public Safety shall maintain an automated listing of license holders and such information shall be available on-line, upon request, at all times, to all law enforcement agencies through the Mississippi Crime Information Center. However, the records of the department relating to applications for licenses to carry concealed pistols or revolvers and records relating to license holders shall be exempt from the provisions of the Mississippi Public Records Act of 1983 for a period of forty-five (45) days from the date of the issuance of the license or the final denial of an application.

(9) Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license lost or destroyed, the licensee shall notify the Department of Public Safety in writing of such change or loss. Failure to notify the Department of Public Safety pursuant to the provisions of this subsection shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by a summons.

(10) In the event that a concealed pistol or revolver license is lost or destroyed, the person to whom the license was issued shall comply with the provisions of subsection (9) of this section and may obtain a duplicate, or substitute thereof, upon payment of Fifteen Dollars ($15.00) to the Department of Public Safety, and furnishing a notarized statement to the department that such license has been lost or destroyed.

(11) A license issued under this section shall be revoked if the licensee becomes ineligible under the criteria set forth in subsection (2) of this section.

(12) No less than ninety (90) days prior to the expiration date of the license, the Department of Public Safety shall mail to each licensee a written notice of the expiration and a renewal form prescribed by the department. The licensee must renew his license on or before the expiration date by filing with the department the renewal form, a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified in subsections (2) and (3) of this section, and a renewal fee of Fifty Dollars ($50.00); provided, however, that honorably retired law enforcement officers shall be exempt from this renewal fee. The license shall be renewed upon receipt of the completed renewal application and appropriate payment of fees. Additionally, a licensee who fails to file a renewal application on or before its expiration date must renew his license by paying a late fee of Fifteen Dollars ($15.00). No license shall be renewed six (6) months or more after its expiration date, and such license shall be deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure; however, an application for licensure and fees pursuant to subsection (5) of this section must be submitted, and a background investigation shall be conducted pursuant to the provisions of this section.

(13) No license issued pursuant to this section shall authorize any person to carry a concealed pistol or revolver into any place of nuisance as defined in Section 95-3-1, Mississippi Code of 1972; any police, sheriff or highway patrol station; any detention facility, prison or jail; any courthouse; any courtroom, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his courtroom; any polling place; any meeting place of the governing body of any governmental entity; any meeting of the Legislature or a committee thereof; any public park unless for the purpose of participating in any authorized firearms-related activity; any school, college or professional athletic event not related to firearms; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose; any elementary or secondary school facility; any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity; inside the passenger terminal of any airport, except that no person shall be prohibited from carrying any legal firearm into the terminal if the firearm is encased for shipment, for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; any church or other place of worship; or any place where the carrying of firearms is prohibited by federal law. In addition to the places enumerated in this subsection, the carrying of a concealed pistol or revolver may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the "carrying of a pistol or revolver is prohibited." No license issued pursuant to this section shall authorize the participants in a parade or demonstration for which a permit is required to carry a concealed pistol or revolver.

(14) A law enforcement officer as defined in Section 45-6-3, chiefs of police, sheriffs and persons licensed as professional bondsmen pursuant to Chapter 39, Title 83, Mississippi Code of 1972, shall be exempt from the licensing requirements of this section.

(15) Any person who knowingly submits a false answer to any question on an application for a license issued pursuant to this section, or who knowingly submits a false document when applying for a license issued pursuant to this section, shall, upon conviction, be guilty of a misdemeanor and shall be punished as provided in Section 99-19-31, Mississippi Code of 1972.

(16) All fees collected by the Department of Public Safety pursuant to this section shall be deposited into a special fund hereby created in the State Treasury and shall be used for implementation and administration of this section. After the close of each fiscal year the balance in this fund shall be certified to the Legislature and then may be used by the Department of Public Safety as directed by the Legislature.

(17) All funds received by a sheriff or police chief pursuant to the provisions of this section shall be deposited into the general fund of the county or municipality, as appropriate, and shall be budgeted to the sheriff's office or police department as appropriate.

(18) Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of 1972.

(19) Any person holding a valid unrevoked and unexpired license to carry concealed pistols or revolvers issued in another state having requirements substantially similar to those of this state shall have such license recognized by this state to carry concealed pistols or revolvers, provided that the issuing state authorizes license holders from this state to carry concealed pistols or revolvers in such issuing state and the appropriate authority has communicated that fact to the Department of Public Safety.

SECTION 211. Section 45-11-2, Mississippi Code of 1972, is amended as follows:

45-11-2. (1) The State Fire Marshall shall establish a registry of fire damage in all instances of fires causing Ten Thousand Dollars ($10,000.00) or more in property damage or in which any person is injured or loses his life.

(2) The registry so established shall be compiled and maintained in a manner whereby data may be retrieved by subject categories, including, but not limited to, the following:

(a) Geographic location;

(b) Damages in monetary terms;

(c) Insurer;

(d) Insured; and

(e) Tenant or resident.

(3) All insurance companies doing business in this state and all public agencies shall supply such information as may be demanded by the State Fire Marshall with respect to this section.

(4) The State Fire Marshall shall promulgate all rules necessary for the implementation of this section in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 212. Section 45-14-21, Mississippi Code of 1972, is amended as follows:

45-14-21. (1) The agency may refuse to grant a license or registration as provided in Sections 45-14-11 and 45-14-13 to any applicant or registrant who does not possess the requirements or qualifications which the agency may prescribe in rules and regulations, or who has been refused issuance or renewal of a license, registration, permit or certificate by a licensing or registering authority of another state or the United States Nuclear Regulatory Commission, or whose license, registration, permit or certificate has been revoked, suspended or restricted by such licensing or registering authority. The agency may suspend, revoke or amend any license or registration in the event that the person to whom such license or registration was granted violates any of the rules and regulations of the agency, or ceases, or fails to have the reasonable facilities prescribed by the agency, or has a license, registration, permit or certificate revoked, suspended or restricted by a licensing or registering authority of another state, or the United States Nuclear Regulatory Commission. Provided, that before any order is entered denying an application for a license or registration or suspending, revoking, modifying or amending a license or registration previously granted, the applicant or person to whom such license or registration was granted shall be given notice and granted a hearing by the State Health Officer.

(2) Whenever the agency in its opinion finds that an emergency exists requiring immediate action to protect the public health and safety, the agency may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any provision of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, and on application to the agency shall be afforded an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

(3) Any applicant or person to whom a license or registration was granted who shall be aggrieved by any order of the agency or its duly authorized agent denying such application or suspending, revoking or amending such license or registration, may have judicial review there of in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 213. Section 45-23-9, Mississippi Code of 1972, is amended as follows:

45-23-9. (1) In accordance with the Mississippi Administrative Procedure Law of 1999, the advisory committee shall recommend the adoption of definitions, rules and regulations for the safe construction, installation, inspection, care and good practice in the operation, maintenance an repair of boilers and pressure vessels by the State Board of Health (hereinafter board).

(a) The definitions, rules and regulations so formulated for new construction shall be based upon and at all times follow the generally accepted nationwide engineering standards, formulae and practices established and pertaining to boiler and pressure vessel construction and safety, and the advisory committee shall at its first meeting recommend the adoption of an existing published codification thereof known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers (hereinafter ASME), with the amendments, code cases and interpretations thereto made and approved by ASME, and may likewise recommend the amendments and interpretations subsequently made and published by the same authority; and when so adopted, the same shall be deemed incorporated into and to constitute a part of the whole of the definitions, rules and regulations of the committee. Amendments, code cases and interpretations to the code so adopted shall be effective immediately upon being promulgated, to the end that the definitions, rules and regulations shall at all times follow the generally accepted nationwide engineering standards.

(b) The advisory committee shall recommend the adoption of rules and regulations for the inspection, care and good practice in operation, maintenance and repair of boilers and pressure vessels which were in use in this state prior to the date upon which the first rules and regulations under this chapter pertaining to existing installations become effective, or during the twelve (12) month period immediately thereafter. The rules and regulations so formulated and recommended shall be based upon and at all times follow the generally accepted nationwide engineering standards.

(2) The rules and regulations and any subsequent amendments thereto adopted by the board shall, immediately following a hearing upon not less than thirty (30) days notice as hereinafter provided, be approved and published and when so promulgated shall have the force and effect of law, except that the rules applying to the construction of new boilers and pressure vessels shall not become mandatory until twelve (12) months after their promulgation by the board. Subsequent amendments to the rules and regulations adopted by the board shall be permissive immediately and shall become mandatory twelve (12) months after their promulgation.

(3) Notice of the hearing shall give the time and place of the hearing and shall state the matters to be considered. Such notice shall be given to all persons directly affected by such hearing. In the event all persons directly affected are unknown, notice shall be perfected by publication in a newspaper of general circulation in the northern, central and southern supreme court districts of this state at least thirty (30) days prior to such hearing.

SECTION 214. Section 45-23-25, Mississippi Code of 1972, is amended as follows:

45-23-25. (1) An inspector's license may be suspended by the chief inspector, after due investigation and approval by the board, for the incompetence or untrustworthiness of the holder thereof or for willful falsification of any matter or statement contained in his application or in a report of any inspection made by him. Such license suspension shall be in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 215. Section 45-23-57, Mississippi Code of 1972, is amended as follows:

45-23-57. Any person aggrieved by an order or an act of the board or the chief inspector under this chapter may appeal said action in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 216. Section 45-23-59, Mississippi Code of 1972, is amended as follows:

45-23-59. Within thirty (30) days after any order or act of the board, any person aggrieved thereby is entitled to judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 217. Section 47-5-192, Mississippi Code of 1972, is amended as follows:

47-5-192. (1) The Commissioner of Corrections may prohibit the possession by employees or officers of the Department of Corrections or any person allowed upon the premises of a correctional facility under his jurisdiction of any item, the possession of which by offenders is prohibited or regulated.

(2) The commissioner may distinguish between classes of employees and visitors and may establish zones or designate areas or facilities where such regulations apply in his discretion and as necessary for security and orderly operation of prison facilities.

(3) The commissioner shall promulgate rules authorized by this section in accordance with the Mississippi Administrative Procedure Law of 1999.

(4) Any person who violates a duly enacted rule authorized by this section shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or both.

SECTION 218. Section 49-15-15, Mississippi Code of 1972, is amended as follows:

49-15-15. (1) In addition to any other powers and duties authorized by law, the commission shall have the following powers and duties regarding the regulation of seafood:

(a) To exercise full jurisdiction and authority over all marine aquatic life and to regulate any matters pertaining to seafood, including cultivated seafood;

(b) To adopt, promulgate, amend or repeal, after due notice and public hearing, in accordance with the Mississippi Administrative Procedure Law of 1999 and subject to the limitations in subsection (2) of this section, rules and regulations authorized under this chapter, including, but not limited to, rules and regulations necessary for the protection, conservation or propagation of all shrimp, oysters, commercial fish and crabs in the waters under the territorial jurisdiction of the State of Mississippi and for the regulation of gill net and purse seine fishermen. All public hearings under this chapter concerning the regulation of marine resources shall be held in Hancock, Harrison or Jackson counties. Each rule or regulation promulgated under this chapter shall immediately be advertised one (1) time in a newspaper or newspapers having general circulation in counties affected by that regulation. A regulation shall become effective at 6:00 a.m. on the day after its publication;

(c) To regulate all seafood sanitation and processing programs. In the three (3) coastal counties, the sanitation program regulating processing plants and seafood sold in retail stores operating in conjunction with a processing plant or seafood market that primarily deals with seafood is under the exclusive authority of the commission. The commission may also inspect and regulate those areas of any seafood processing plant which process freshwater species at any site where the department inspects seafood processing plants. To effectively and efficiently implement the state seafood sanitation program, the State Health Officer and the executive director of the department shall enter into a memorandum of understanding, which at a minimum, clearly specifies the responsibilities of each agency in implementing the seafood sanitation program, as well as the sharing of information and communication and coordination between the agencies;

(d) To set standards of measure;

(e) To set requirements for employment of nonenforcement commission employees whose compensation shall be governed by the rules and regulations of the State Personnel Board;

(f) To acquire and dispose of commission equipment and facilities;

(g) To keep proper records of the commission, including an official ordinance book which contains all rules and regulations promulgated by the commission under this chapter;

(h) To enter into advantageous interstate and intrastate agreements with proper officials, which directly or indirectly result in the protection, propagation and conservation of the seafood of the State of Mississippi, or continue any such agreements now in existence;

(i) To arrange, negotiate or contract for the use of available federal, state and local facilities which would aid in the propagation, protection and conservation of the seafood of the State of Mississippi;

(j) To authorize the operation of double rigs in the waters lying between the mainland coast and the island chain, and those rigs shall not exceed a length of twenty-five (25) feet at the cork line, and to prescribe the length at the lead line for each rig, net or try-trawl;

(k) To destroy or dispose of equipment or nets which have been lawfully seized by the commission and which are not sold under Section 49-15-65;

(l) To open, close and regulate fishing seasons for the taking of shrimp, oysters, fish taken for commercial purposes and crabs and set size, catching and taking regulations for all types of seafood and culling regulations for oysters, except as otherwise specifically provided by law;

(m) To utilize the resources of the Gulf Coast Research Laboratory to the fullest extent possible; and

(n) To develop a resource management plan to preserve our seafood resources and to ensure a safe supply of these resources.

(2) The commission shall not adopt rules, regulations or ordinances pertaining to marine resources which are more stringent than federal regulations. In any case where federal laws and regulations are silent on a matter pertaining to marine resources, the laws and regulations of the State of Mississippi shall control. The commission shall review all marine resource ordinances for compliance with the no more stringent standard and revise any ordinances more stringent than this standard no later than December 31, 1992. This subsection shall not apply to rules, regulations or ordinances pertaining to the wild stock of marine fin fish.

SECTION 219. Section 49-15-67, Mississippi Code of 1972, is amended as follows:

49-15-67. Any person aggrieved by an order of the commission may file a written petition with the commission, setting forth the grounds of complaint and the commission shall thereupon conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. The commission's order is subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 220. Section 49-17-25, Mississippi Code of 1972, is amended as follows:

49-17-25. (1) Prior to the adoption, amendment or repeal of rules and regulations necessary to implement this chapter, Sections 17-17-1 through 17-17-47, Sections 21-27-201 through 21-27-221, Sections 37-138-1 through 37-138-31, and all other laws administered by the department, the commission shall conduct a public hearing or hearings thereon after public notice. Such notice shall be given by publication once a week for three (3) successive weeks in a newspaper having a general circulation throughout the state. The notice shall contain a description of the proposed regulation and the time, date and place of the hearing.

(2) Additionally, the adoption, amendment or repeal of any rule or regulation under this chapter, Sections 17-17-1 through 17-17-47, Sections 21-27-201 through 21-27-221, Sections 37-138-1 through 37-138-31 and all other laws administered by the department shall be governed by the "Mississippi Administrative Procedure Law of 1999." Any rule or regulation heretofore or hereafter adopted, amended or repealed in substantial compliance with the procedural requirements under Section 25-43-7 shall be valid. A proceeding to contest any rule or regulation on the ground of noncompliance with the procedural requirements of this section must be commenced within one (1) year from the effective date of the rule or regulation.

(3) Notice of rules and regulations adopted by the commission shall be published once in a newspaper having general circulation throughout the state.

SECTION 221. Section 49-17-29, Mississippi Code of 1972, is amended as follows:

49-17-29. (1) (a) Except as in compliance with paragraph (b) of this subsection, it is unlawful for any person to cause pollution of the air in the state or to place or cause to be placed any wastes or other products or substances in a location where they are likely to cause pollution of the air. It is also unlawful to discharge any wastes, products or substances into the air of the state which exceed standards of performance, hazardous air pollutant standards, other emission standards set by the commission, or which reduce the quality of the air below the air quality standards or increments established by the commission or prevent attainment or maintenance of those air quality standards. Any such action is hereby declared to be a public nuisance.

(b) It is unlawful for any person to build, erect, alter, replace, use or operate any equipment which will cause the issuance of air contaminants unless that person holds a permit from the Permit Board (except repairs or maintenance of equipment for which a permit has been previously issued), or unless that person is exempted from holding a permit by a regulation promulgated by the commission. Concentrated animal feeding operations may be a source or a category of sources exempted under this paragraph. However, no new or existing applications relating to swine concentrated animal feeding operations within a county shall be exempted from regulations and ordinances which have been duly passed by the county's board of supervisors and which are in force on June 1, 1998.

(2) (a) Except as in compliance with paragraph (b) of this subsection, it is unlawful for any person to cause pollution of any waters of the state or to place or cause to be placed any wastes in a location where they are likely to cause pollution of any waters of the state. It is also unlawful to discharge any wastes into any waters of the state which reduce the quality of those waters below the water quality standards established by the commission; or to violate any applicable pretreatment standards or limitations, technology-based effluent limitations, toxic standards or any other limitations established by the commission. Any such action is declared to be a public nuisance.

(b) It is unlawful for any person to carry on any of the following activities, unless that person holds a current permit for that activity from the Permit Board as may be required for the disposal of all wastes which are or may be discharged into the waters of the state, or unless that person is exempted from holding a permit by a regulation promulgated by the commission: (i) the construction, installation, modification or operation of any disposal system or part thereof or any extension or addition thereto, including, but not limited to, systems serving agricultural operations; (ii) the increase in volume or strength of any wastes in excess of the permissive discharges specified under any existing permit; (iii) the construction, installation or operation of any industrial, commercial or other establishment, including irrigation projects or any extension or modification thereof or addition thereto, the operation of which would cause an increase in the discharge of wastes into the waters of the state or would otherwise alter the physical, chemical or biological properties of any waters of the state in any manner not already lawfully authorized; (iv) the construction or use of any new outlet for the discharge of any wastes into the waters of the state. However, no new or existing applications relating to swine concentrated animal feeding operations within a county shall be exempted from regulations and ordinances which have been duly passed by the county's board of supervisors and which are in force on June 1, 1998.

(3) (a) Except as otherwise provided in this section, the Permit Board created by Section 49-17-28 shall be the exclusive administrative body to make decisions on permit issuance, reissuance, denial, modification or revocation of air pollution control and water pollution control permits and permits required under the Solid Wastes Disposal Law of 1974 (Title 17, Chapter 17), and all other permits within the jurisdiction of the Permit Board. After consideration of alternative waste treatment technologies available to control air and water pollution and odor, including appropriate siting criteria, the commission may promulgate regulations establishing conditions, limitations and exemptions under which the Permit Board shall make these decisions. Regulations promulgated by the commission which establish exemptions as authorized under Senate Bill No. 2895, 1998 Regular Session [Laws, 1998, Ch. 537], shall apply to any applicable facility in operation on the effective date of that regulation and to any applicable facility constructed or operated after the effective date of that regulation. The Permit Board may issue multiple permits for the same facility or operation simultaneously or in the sequence that it deems appropriate consistent with the commission's regulations. Except as otherwise provided in this paragraph, the Permit Board, under any conditions that the board may prescribe, may authorize the Executive Director of the Department of Environmental Quality to make decisions on permit issuance, reissuance, denial, modification or revocation. The executive director shall not be authorized to make decisions on permit issuance, reissuance, denial, modification or revocation for a commercial hazardous waste management facility or a municipal solid waste landfill or incinerator. A decision by the executive director shall be a decision of the Permit Board and shall be subject to an adjudicative proceeding and judicial review as provided in the Mississippi Administrative Procedure Law of 1999. The executive director shall report all permit decisions to the Permit Board at its next regularly scheduled meeting and those decisions shall be recorded in the minutes of the Permit Board. The decisions of the Permit Board shall be recorded in minutes of the Permit Board and shall be kept separate and apart from the minutes of the commission. The decision of the Permit Board or the executive director to issue, reissue, deny, modify or revoke permits shall not be construed to be an order or other action of the commission.

(b) The Executive Director of the Department of Environmental Quality shall also be the Executive Director of the Permit Board and shall have available to him, as Executive Director of the Permit Board, all resources and personnel otherwise available to him as executive director of the department.

(c) All persons required to obtain an air pollution control or water pollution control permit, a permit under the Solid Wastes Disposal Law of 1974 (Title 17, Chapter 17) or any other permit within the jurisdiction of the Permit Board shall make application for that permit with the Permit Board. The Permit Board, under any regulations as the commission may prescribe, may require the submission of those plans, specifications and other information as it deems necessary to carry out Sections 49-17-1 through 49-17-43 and Title 17, Chapter 17, or to carry out the commission's regulations adopted under those sections. The Permit Board, based upon any information as it deems relevant, shall issue, reissue, deny, modify or revoke air pollution control or water pollution control permit or permits required under the Solid Wastes Disposal Law of 1974 (Title 17, Chapter 17) or any other permit within the jurisdiction of the Permit Board under any conditions as it deems necessary that are consistent with the commission's regulations. The Permit Board's action of issuance, reissuance, denial, modification or revocation of a permit as recorded in its minutes shall constitute a complete decision of the board. All permits issued by the Permit Board shall remain in full force and effect until the board makes a final determination regarding any reissuance, modification, or revocation thereof. The Permit Board shall take action upon an application within one hundred eighty (180) days following its receipt in the board's principal office. No action which affects revocation of an existing permit shall take effect until the thirty (30) days mentioned in paragraph (4)(b) of this section has expired or until an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 has been conducted.

(d) The Permit Board may adopt rules of practice and procedure governing its proceedings that are consistent with the commission's regulations and are not inconsistent with the Mississippi Administrative Procedure Law of 1999. All hearings in connection with permits issued, reissued, denied, modified or revoked and all appeals from decisions of the Permit Board shall be as provided in this section.

(e) Upon any conditions that are consistent with the commission's regulations and subject to those procedures for public notice and hearings as provided by law, not inconsistent with federal law and regulations, the Permit Board may issue general permits and, where appropriate, may consolidate multiple permits for the same facility or operation into a single permit.

(f) The Permit Board shall not issue any permit for a new swine concentrated animal feeding operation or the expansion of an existing swine concentrated animal feeding operation before January 1, 2000, unless the department received the application for that operation's new or modified permit before February 28, 1998, or except as provided in this paragraph (f). In issuing or modifying any permit for which the department received an application before February 28, 1998, the Permit Board shall apply those siting criteria adopted or used by the commission before February 28, 1998, unless federal law or regulations require more stringent criteria. The moratorium established in this paragraph shall not apply to the issuance of any permit for a new swine concentrated animal feeding operation or the expansion of an existing swine concentrated animal feeding operation that uses an animal waste management system which the applicant demonstrates to the Permit Board is innovative in significantly reducing the effects of the operation on the public health, welfare or the environment and which is approved by the Permit Board. The Permit Board shall not issue or modify more than five (5) permits under this innovative animal waste management system technology exemption to the moratorium.

(4) (a) Except as required by this section, before the issuance, reissuance, denial, modification or revocation of any air pollution control or water pollution control permit, permit required under the Solid Wastes Disposal Law of 1974 (Title 17, Chapter 17) or any other permit within its jurisdiction, the Permit Board, in its discretion, may hold a public hearing or meeting to obtain comments from the public on its proposed action. Before the issuance, reissuance, denial, modification pertaining to the expansion of a facility, transfer or revocation of a permit for a commercial hazardous waste management facility or a commercial municipal solid waste landfill or incinerator, the Permit Board shall conduct a public hearing or meeting to obtain comments from the public on the proposed action. That hearing or meeting shall be informal in nature and conducted under those procedures as the Permit Board may deem appropriate consistent with the commission's regulations.

(b) Within thirty (30) days after the date the Permit Board takes action upon permit issuance, reissuance, denial, modification or revocation, as recorded in the minutes of the Permit Board, any interested party aggrieved by that action may file a written request for a formal hearing before the Permit Board and is there upon entitled to an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

(c) Upon conclusion of the adjudicative proceeding, the Permit Board shall enter in its minutes the board's decision affirming, modifying or reversing its prior decision to issue, reissue, deny, modify or revoke a permit. The Permit Board shall prepare and record in its minutes findings of fact and conclusions of law supporting its decision. That decision, as recorded in its minutes with its findings of fact and conclusions of law, shall be subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

(d) Any person seeking judicial review * * * shall give a cost bond with sufficient sureties, payable to the state in the sum of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), to be fixed by the Permit Board and to be filed with and approved by the Executive Director of the Permit Board * * *. * * *

SECTION 222. Section 49-17-34, Mississippi Code of 1972, is amended as follows:

49-17-34. (1) Within fifteen (15) days after receipt by the Department of Environmental Quality an application for any initial or modified air or water permit required under the Mississippi Air and Water Pollution Control Law that is submitted after April 16, 1993 the Department of Environmental Quality shall acknowledge in writing receipt of such application. Except for good cause shown, within forty-five (45) days after receipt of a permit application, the Department of Environmental Quality shall notify the applicant that the application is complete or of the major components required to complete the application.

(2) All rules, regulations and standards relating to air quality, water quality or air emissions or water discharge standards promulgated by the commission after April 16, 1993 shall be consistent with and shall not exceed the requirements of federal statutes and federal regulations, standards, criteria and guidance relating to air quality, water quality or air emission or water discharge standards that have been duly promulgated pursuant to the federal Administrative Procedures Act, including but not limited to the identity and scope of air pollutants included as air toxics or air quality or emission standards, the identity and scope of water pollutants included as water quality or discharge standards and the numerical and narrative limitations of such standards.

(3) If there are no federal statutes or federal regulations, standards, criteria or guidance that have been duly promulgated pursuant to the federal Administrative Procedures Act addressing matters relating to air quality or water quality, or air emission or water discharge standards, the commission may promulgate regulations to address these matters in accordance with the Mississippi Administrative Procedure Law of 1999, when the commission determines that such regulations are necessary to protect human health, welfare or the environment.

(4) For any initial or modified air or water permit issued from and after January 1, 1994, except with the written consent of the permit applicant, no provision or condition imposing any duty, responsibility or liability on the permittee shall be included in such permit, the direct basis for which has not been first promulgated as a regulation by the commission in accordance with the requirements of the Mississippi Administrative Procedure Law of 1999. "Direct basis" shall mean that such permit provisions or conditions shall not exceed the scope, coverage and effect of the regulation upon which it is based including, but not limited to, frequency or time limit of action, technology, identity and scope of pollutants regulated, numerical or narrative standards or limitations.

SECTION 223. Section 49-17-35, Mississippi Code of 1972, is amended as follows:

49-17-35. Any interested person shall have the right to request the commission to conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 for the purpose of taking action in respect to any matter within the jurisdiction of the commission by making a request therefor in writing. Upon receipt of any such request, the commission shall conduct such an adjudicative proceeding * * *.

SECTION 224. Section 49-17-37, Mississippi Code of 1972, is amended as follows:

49-17-37. All proceedings before the commission shall be recorded and preserved in accordance with the Mississippi Administrative Procedure Law of 1999 and shall be subject to transcription upon order of the commission or any interested party, but in the event that the request for transcription originates with an interested party, such party shall pay the cost thereof.

SECTION 225. Section 49-17-41, Mississippi Code of 1972, is amended as follows:

49-17-41. In addition to any other remedies that might now be available, any person or interested party aggrieved by any order of the commission or the executive director shall have a right to an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

The final order of the commission shall be subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. Any person seeking judicial review shall give a cost bond with sufficient sureties, payable to the state in the sum of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), to be fixed in the order appealed from, to be filed with and approved by the executive director of the commission * * *. * * *

SECTION 226. Section 49-17-43, Mississippi Code of 1972, is amended as follows:

49-17-43. (a) Any person found by the commission violating any of the provisions of Sections 49-17-1 through 49-17-43, or any rule or regulation or written order of the commission in pursuance thereof or any condition or limitation of a permit, except a permit required under the Solid Wastes Disposal Law of 1974 (Sections 17-17-1 through 17-17-47), shall be subject to a civil penalty of not more than Twenty-five Thousand Dollars ($25,000.00), for each violation, such penalty to be assessed and levied by the commission after a hearing as provided hereinabove. Judicial review of the imposition of the civil penalty shall be in accordance with the Mississippi Administrative Procedure Law of 1999. If the appellant desires to stay the execution of a civil penalty assessed by the commission, he shall give bond with sufficient resident sureties of one or more guaranty or surety companies authorized to do business in this state, payable to the State of Mississippi, in an amount equal to double the amount of any civil penalty assessed by the commission, as to which the stay of execution is desired, conditioned, if the judgment shall be affirmed, to pay all costs of the assessment entered against the person seeking judicial review. Each day upon which a violation occurs shall be deemed a separate and additional violation.

Any person violating any provision of the Solid Wastes Disposal Law of 1974 (Sections 17-17-1 through 17-17-47), any rule or regulation made pursuant to that law, or any order issued by the commission under the authority of that law shall be subject to the penalties provided in Section 17-17-29.

(b) In lieu of, or in addition to, the penalty provided in subsection (a) of this section, the commission shall have power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of Sections 49-17-1 through 49-17-43, rules and regulations in force pursuant thereto, and orders and permits made and issued under those sections, in accordance with the Mississippi Administrative Procedure Law of 1999. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and in cases of imminent and substantial hazard or endangerment as set forth in Section 49-17-27, it shall not be necessary in such cases that the state plead or prove: (i) that irreparable damage would result if the injunction did not issue; (ii) that there is no adequate remedy at law; or (iii) that a written complaint or commission order has first been issued for the alleged violation.

(c) Any person who violates any of the provisions of, or fails to perform any duty imposed by, Sections 49-17-1 through 49-17-43 or any rule or regulation issued hereunder, or who violates any order or determination of the commission promulgated pursuant to such sections, and causes the death of fish or other wildlife shall be liable, in addition to the penalties provided in subsection (a) and/or (b) of this section, to pay to the state an additional amount equal to the sum of money reasonably necessary to restock such waters or replenish such wildlife as determined by the commission after consultation with the Mississippi Commission on Wildlife, Fisheries and Parks. Such amount may be recovered by the commission on behalf of the state in a civil action brought in the appropriate county or circuit court of the county in which venue may lie.

(d) Any person who owns or operates facilities which, through misadventure, happenstance or otherwise, cause pollution necessitating immediate remedial or clean-up action shall be liable for the cost of such remedial or clean-up action and the commission may recover the cost of same by a civil action brought in the circuit court of the county in which venue may lie. This penalty may be recovered in lieu of or in addition to the penalties provided in subsection (a), (b) and/or (c) of this section.

In the event of the necessity for immediate remedial or clean-up action, the commission may contract for same and advance funds from the Pollution Emergency Fund to pay the costs thereof, such advancements to be repaid to the Pollution Emergency Fund upon recovery by the commission as provided above.

(e) It is unlawful for any person to: (1) discharge pollutants in violation of Section 49-17-29 or in violation of any condition or limitation included in a permit issued under Section 49-17-29 or (2) introduce pollutants into publicly owned treatment works in violation of pretreatment standards or in violation of toxic effluent standards; and, upon conviction thereof, such person shall be punished by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Twenty-five Thousand Dollars ($25,000.00) per day of violation.

(f) All fines, penalties and other sums recovered or collected by the commission for and in behalf of the state under this section shall be deposited in the Pollution Emergency Fund established under this chapter, and the commission is authorized to receive and accept, from any funds and all available sources whatsoever, additional funds to be deposited in such fund and expended for the purpose of remedial, clean-up or abatement actions involving pollution of the land, air or waters of the state in violation of Sections 49-17-1 through 49-17-43, any rule or regulation or written order of the commission in pursuance thereof, or any condition or limitation of a permit.

(g) In determining the amount of any penalty under this chapter, the commission shall consider at a minimum:

(i) The willfulness of the violation;

(ii) Any damage to air, water, land or other natural resources of the state or their uses;

(iii) Costs of restoration and abatement;

(iv) Economic benefit as a result of noncompliance;

(v) The seriousness of the violation, including any harm to the environment and any hazard to the health, safety and welfare of the public;

(vi) Past performance history; and

(vii) Whether the noncompliance was discovered and reported as the result of a voluntary self-evaluation. If a person discovers as a result of a voluntary self-evaluation, information related to noncompliance with an environmental law and voluntarily discloses that information to the department, commission or any employee thereof, the commission shall, to the greatest extent possible, reduce a penalty, if any, determined by the commission, except for economic benefit as a result of noncompliance, to a de minimis amount if all of the following are true:

1. The disclosure is made promptly after knowledge of the information disclosed is obtained by the person;

2. The person making the disclosure initiates the appropriate corrective actions and pursues those corrective actions with due diligence;

3. The person making the disclosure cooperates with the commission and the department regarding investigation of the issues identified in the disclosure;

4. The person is not otherwise required by an environmental law to make the disclosure to the commission or the department;

5. The information was not obtained through any source independent of the voluntary self-evaluation or by the department through observation, sampling or monitoring; and

6. The noncompliance did not result in a substantial endangerment threatening the public health, safety or welfare or the environment.

(h) Any provisions of this section and chapter regarding liability for the costs of clean-up, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules adopted thereto.

SECTION 227. Section 49-27-39, Mississippi Code of 1972, is amended as follows:

49-27-39. * * * Judicial review may be sought by the applicant, or any person or corporation, municipal corporation, county or interested community group who has been aggrieved by such order, from the denial, suspension or revocation of a permit or the issuance of a permit or conditional permit and who has filed written protest or objection as specified in Sections 49-27-9 through 49-27-21 in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 228. Section 49-27-41, Mississippi Code of 1972, is amended as follows:

49-27-41. * * * A cost bond must be posted with sufficient sureties payable to the state in the sum of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), to be fixed in the order, judicial review of which is sought, and to be filed with and approved by the executive director of the commission * * *. * * *

SECTION 229. Section 51-3-49, Mississippi Code of 1972, is amended as follows:

51-3-49. In addition to any other remedies that might now be available, any person or interested party aggrieved by an order of the commission or of the permit board shall have the right to seek judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 230. Section 51-3-55, Mississippi Code of 1972, is amended as follows:

51-3-55. (1) It shall be the duty of the Commission on Natural Resources to serve as the enforcement agency for the Permit Board when the board determines that the sanctions available to it are not sufficient to achieve compliance with the provisions of this chapter. In such cases the board shall notify the commission of such noncompliance or violation and request that the commission take appropriate action. A member of the commission or an employee of the commission may also make such a request.

(2) Any person who knowingly submits false or inaccurate information in support of a permit application or a notice of claim or who wilfully fails to comply with the conditions of a permit issued by the board or who wilfully violates orders issued by the commission shall, upon conviction, be guilty of a misdemeanor and fined not less than One Hundred Dollars ($100.00) within the discretion of the court. Each day in which such violation exists or continues shall constitute a separate offense.

(3) In addition to or in lieu of filing a criminal complaint, the commission may impose a civil penalty not more than Twenty-five Thousand Dollars ($25,000.00) for each such offense, such penalty to be assessed and levied by the commission after conducting an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

(4) Judicial review of the imposition of the civil penalty may be in accordance with the Mississippi Administrative Procedure Law of 1999. If the appellant desires to stay the execution of a civil penalty assessed by the commission, he shall give bond with sufficient resident sureties of one or more guaranty or surety companies authorized to do business in this state, payable to the State of Mississippi, in an amount equal to double the amount of any civil penalty assessed by the commission, as to which the stay of execution is desired, conditioned, if the judgment shall be affirmed, to pay all costs of the assessment entered against the person seeking judicial review.

(5) In lieu of, or in addition to, the penalty provided in subsection (3) of this section, the commission shall have power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of Sections 51-3-1 through 51-3-55, rules and regulations in force pursuant thereto, and orders and permits issued under those sections, in accordance with the Mississippi Administrative Procedure Law of 1999. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and in cases of imminent and substantial hazard or endangerment to life or property, it shall not be necessary in such cases that the state plead or prove: (a) that irreparable damage would result if the injunction did not issue; (b) that there is no adequate remedy at law; or (c) that a written complaint or commission order has first been issued for the alleged violation.

(6) Commission hearings on the imposition of the above prescribed civil penalty or other sanctions shall be conducted as adjudicative proceedings in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 231. Section 51-5-9, Mississippi Code of 1972, is amended as follows:

51-5-9. (1) When the board determines that the holder of any license issued pursuant to this chapter has violated any provisions thereof or any rules and regulations pursuant thereto, the board shall authorize suspension or revocation of such license. Proceedings under the provisions of this section shall not be dependent upon having exhausted remedies through any other section of this chapter.

(2) The board shall notify the suspected violator at least fifteen (15) days before the board hearing therefor, shall specify to him the grounds for which such license revocation is proposed with such sufficiency as to protect his constitutional rights therein as in other civil hearings pertaining to license revocations and shall give him the opportunity, upon his request, for an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

(3) Any such order of revocation of license shall be subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 232. Section 53-1-19, Mississippi Code of 1972, is amended as follows:

53-1-19. The board shall prescribe its rules of order or procedure in hearings or other proceedings before it which shall not be inconsistent with the Mississippi Administrative Procedure Law of 1999. The board may provide for the recording and preservation of its proceedings by order entered on its minutes. * * *

SECTION 233. Section 53-1-39, Mississippi Code of 1972, is amended as follows:

53-1-39. (a) In addition to other remedies now available, the state, or any interested person aggrieved by any final rule, regulation or order of the board, shall have the right, regardless of the amount involved, of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

(b) * * * After perfection of judicial review, the party seeking judicial review shall file with the clerk of the court a bond in the sum of Five Hundred Dollars ($500.00) with two (2) sureties or with a surety company qualified to do business in Mississippi as the surety, conditioned to pay the cost of such appeal; said bond to be approved by any member of the board or by the supervisor, or by the clerk of the court in which judicial review is sought. * * *

SECTION 234. Section 53-1-47, Mississippi Code of 1972, is amended as follows:

53-1-47. (a) (i) Any person, who, for the purpose of evading the provisions of Sections 53-1-1 through 53-1-47, inclusive, or any rule, regulation or order made thereunder, shall make or cause to be made any false entry, statement of fact or omission in any report required by such sections or by any rule, regulation or order thereunder or in any account, record or memorandum kept in connection with the provisions thereof or who, for such purpose, shall mutilate, alter, conceal or falsify any such report, account, record or memorandum, shall be subject to a penalty of not more than Ten Thousand Dollars ($10,000.00) per day for each day of such violation to be assessed by the board. In determining the amount of the penalty, the board shall consider the factors specified in subsection (d) of this section. Such penalties shall be assessed according to the procedures set forth in subsection (b) of this section.

(ii) Any person, who, for the purpose of evading the provisions of Sections 53-1-1 through 53-1-47, inclusive, or any rule, regulation or order made thereunder, shall intentionally make or cause to be made any false entry, statement of fact or omission in any report required by said sections or by any rule, regulation or order thereunder or in any account, record or memorandum kept in connection with the provisions thereof or who, for such purpose, shall mutilate, alter, conceal or falsify any such report, account, record or memorandum shall be deemed guilty of a misdemeanor and shall be subject, upon conviction in any court of competent jurisdiction, to a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or imprisonment for a term of not less than ten (10) days nor more than six (6) months for each such violation, or both such fine and imprisonment.

(b) Any person who violates any provision of Sections 53-1-1 through 53-1-47, inclusive, or Sections 53-3-1 through 53-3-33, and 53-3-39 through 53-3-165, or any lawful rule, regulation or order of the board made hereunder, shall, in addition to any penalty for such violation that is otherwise provided for herein, be subject to a penalty of not to exceed Ten Thousand Dollars ($10,000.00) per day for each day of such violation to be assessed by the board. When any charge is filed with the board charging any person with any such violation, the board shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. Such proceedings shall be held by not less than three (3) members of the board and a unanimous verdict of all members hearing such charge shall be necessary for conviction and in the event of a conviction all members of the board hearing such cause must agree on the penalty assessed.

The Attorney General, by his designated assistant, shall represent the board in all such proceedings * * *. The Attorney General shall also designate a member of his staff to present evidence and proof of such violation in the event such charge is contested.

All penalties assessed by the board under the provisions of this section may be enforced in accordance with the Mississippi Administrative Procedure Law of 1999. All such penalties paid or collected shall be paid to the State Treasurer for credit to the Special Oil and Gas Board Fund.

Any person adjudged guilty of any such violation shall have the right of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

The payment of any penalty as provided herein shall not have the effect of changing illegal oil into legal oil, illegal gas into legal gas or illegal product into legal product, nor shall such payment have the effect of authorizing the sale or purchase or acquisition or the transportation, refining, processing or handling in any other way of such illegal oil, illegal gas or illegal product.

(c) Any person who aids or abets any other person in the violation of any provision of Sections 53-1-1 through 53-1-47, inclusive, or Sections 53-3-1 through 53-3-21, inclusive, or any rule, regulation or order made thereunder, shall be subject to the same penalties as are prescribed herein for the violation by such other person.

(d) In determining the amount of the penalty under subsection (a), (b) or (c) of this section, the board shall consider at a minimum the following factors:

(i) The willfulness of the violation;

(ii) Any damage to water, land or other natural resources of the state or their users;

(iii) Any cost of restoration and abatement;

(iv) Any economic benefit to the violator as a result of noncompliance;

(v) The seriousness of the violation, including any harm to the environment and any harm to the health and safety of the public; and

(vi) Any prior violation by such violator.

(e) The board is authorized to utilize the provisions of Section 85-7-132 to enforce penalties provided by this section.

SECTION 235. Section 53-3-7, Mississippi Code of 1972, is amended as follows:

53-3-7. (1) (a) When two (2) or more separately owned tracts of land are embraced within an established drilling unit or when there are separately owned interests in all or part of an established drilling unit the persons owning the drilling rights therein and the rights to share in the production therefrom may validly agree to integrate their interests and to develop their lands as a drilling unit. Where, however, such persons have not agreed to integrate their interests the board may, for the prevention of waste or to avoid the drilling of unnecessary wells, require such persons to integrate their interests and to develop their lands as a drilling unit. All orders requiring such pooling shall be made after notice and hearing, and shall be upon terms and conditions that are just and reasonable, and will afford to the owner of each tract the opportunity to recover or receive his just and equitable share of the oil and gas in the pool without unnecessary expense.

The portion of the production allocated to the owner of each tract included in a drilling unit formed by a pooling order shall, when produced, be considered as if it had been produced from such tract by a well drilled thereon.

(b) Except as otherwise provided for in this section, in the event such pooling is required, the cost of development and operation of the pooled unit chargeable by the operator to the other interested owner or owners shall be limited to the actual expenditures required for such purpose not in excess of what are reasonable including a reasonable charge for supervision. In the event that the operator elects to proceed under the provisions of this subsection (1)(b), and does not elect to seek alternate charges as provided for in this section, the notice procedure followed shall be in accordance with Section 53-1-21, Mississippi Code of 1972.

(c) For the purposes of this section, as to a drilling unit, the term "nonconsenting owner" shall mean an owner of drilling rights which the owner has not agreed, in writing, to integrate in the drilling unit. The owner may own other drilling rights in the unit which the owner has agreed, in writing, to integrate in the unit and thereby also be a "consenting owner" as to the interest which the owner has agreed to integrate in the unit.

(2) (a) In the event that one or more owners owning not less than thirty-three percent (33%) of the drilling rights in a drilling unit voluntarily consent to the drilling of a unit well thereon, and the operator has made a good faith effort to (i) negotiate with each nonconsenting owner to have said owner's interest voluntarily integrated into the unit, (ii) notify each nonconsenting owner of the names of all owners of drilling rights who have agreed to integrate any interests in the unit, (iii) ascertain the address of each nonconsenting owner, (iv) give each nonconsenting owner written notice of the proposed operation, specifying the work to be performed, the location, proposed depth, objective formation and the estimated cost of the proposed operation, and (v) offer each nonconsenting owner the opportunity to lease or farm out on reasonable terms or to participate in the cost and risk of developing and operating the unit well involved on reasonable terms, by agreeing in writing, then the operator may petition the board to allow it to charge alternate charges (alternate to and in lieu of the charges provided for in subsection (1)(b) of this section).

(b) Any such petition on which alternate charges may be ordered by the board shall include a statement which shall name all nonconsenting real parties in interest in said proposed drilling unit, as of a date not more than ninety (90) days prior to the filing of the petition, giving each such person's name, and address if known; and if any owner's address is not known, the operator shall state in its petition that such person's address is unknown after diligent search and inquiry. Only those parties served with actual or constructive notice as set forth hereinbelow will be subject to any alternate charges allowed by the board.

(c) Upon the filing of a petition on which alternate charges may be ordered, the petitioner shall have prepared, and furnish to the board with said petition, a notice to each and all nonconsenting real parties in interest whose address is unknown, whether such person be a resident of the State of Mississippi or not, which the board shall have published, noticing each such person to appear before a regular meeting of the board sufficiently distant in time to allow thirty (30) days to elapse between the date of the last publication of said notice as hereinafter provided, and the date of the regular meeting of the board to which each such person is noticed. Said notice shall also notice all unknown heirs or devisees of deceased owners, if any there be, and all unknown persons owning drilling rights in said proposed drilling unit. The notice shall be substantially in the following form, to wit:

NOTICE TO APPEAR BEFORE THE STATE OIL AND GAS BOARD

You are noticed to appear before the State Oil and Gas Board at its regular ____ term, being on the ____ day of __, 19__ to show cause if you can why the petition of _____________________________ __________________________________________________________________

(Operator)

being Petition No. _____________ in said board and seeking to force to integrate and pool all interests in (description of Unit by legal description) ____________________________________________ should not be granted.

To ____ (inserting the name of such person or persons, whose address is unknown), and all such unknown heirs or devisees and all such unknown owners, whose names and addresses remain unknown after diligent search and inquiry.

Said meeting of said board shall be held at _____ (the then hearing room of said Oil and Gas Board) on the above date at __________.

(the time)

This _____ day of ___________, A.D. ____.

________________

Supervisor

(d) The publication of notice to nonconsenting real parties in interest whose address is unknown after diligent search and inquiry shall be made once in each week during three (3) successive weeks in a public newspaper of the county or counties in which the proposed drilling unit is located, if there be such a newspaper. If there is not such a county newspaper, then the said publication of notice shall be published in a newspaper having general circulation in the State of Mississippi. The period of publication shall be deemed to be completed at the end of twenty-one (21) days from the date of the first publication, provided there have been three (3) publications made as hereinabove required.

(e) Upon the filing of a petition on which alternate charges may be ordered, the petitioner shall also have prepared, and shall furnish to the board, a notice which shall be substantially in the form set out above, to each nonconsenting real party in interest whose address is known, together with addressed and stamped envelopes, and the board shall mail each notice by certified mail, return receipt requested, sufficiently distant in time to allow thirty (30) days to elapse between the date of the mailing of said notice and the date of the regular meeting of the board at which said petition will be first scheduled to be heard.

(f) Petitioner shall also advance to the board at the time of the filing of said petition the cost of publication and mailing of notices as set out above which shall be established by the board. Said costs of publication and mailing of notices shall be considered as part of the costs of operation which are chargeable to the nonconsenting owner's nonconsenting share of production as set forth in paragraph (g) of this subsection (2).

(g) In the event a pooling order is issued by the board, and any nonconsenting owner does not subsequently agree in writing as provided for herein, and if the operations on the existing or proposed well which are described in the pooling order are actually commenced within one hundred eighty (180) days after the pooling order is issued by the board, and thereafter with due diligence and without undue delay, the existing or proposed well is actually completed as a well capable of producing oil, gas and/or other minerals in quantities sufficient to yield a return in excess of monthly operating costs, then, subject to the limitations set out in this section, the operator and/or the appropriate consenting owners shall be entitled to receive as alternate charges (alternate to and in lieu of the charges provided for in subsection (1)(b) of this section; provided, however, that in no event shall the operator and/or the appropriate consenting owners be entitled to recover less than such charges provided in subsection (1)(b) of this section) the share of production from the well attributable to the nonconsenting owner's nonconsenting interests in the unit established or subsequently reformed for production therefrom, until the point in time when the proceeds from the sale of such share, calculated at the well, or the market value thereof if such share is not sold, after deducting production and excise taxes, which operator will pay or cause to be paid, and the payment required by this paragraph (g) shall equal the sum of:

(i) One hundred percent (100%) of the nonconsenting owner's nonconsenting share of the cost of any newly acquired surface equipment beyond the wellhead connections including, but not limited to, stock tanks, separators, treaters, pumping equipment and piping; and

(ii) Two hundred fifty percent (250%) of that portion of the costs and expenses of the operations provided for in the pooling order, and two hundred fifty percent (250%) of that portion of the cost of newly acquired equipment in the well, including wellhead connections, which would have been chargeable to the nonconsenting owner's nonconsenting share thereof; provided, however, when a mineral interest that is severed from the surface estate is owned by a nonconsenting owner or when a mineral interest is subject to an oil and gas lease that is owned by a nonconsenting owner, the payment under this subparagraph (ii) shall be three hundred percent (300%); and

(iii) One hundred percent (100%) of the nonconsenting owner's nonconsenting share of the cost of operation of the well commencing with first production and continuing to such point in time.

Whenever a drilling unit established by a pooling order issued by the board under subsection (2) of this section is to be reformed or altered by the board for good cause, after notice and hearing, then the interest of any nonconsenting owner listed in the pooling order who received notice of the application to reform or alter the unit and had not agreed in writing as provided for herein shall remain subject to the charges set forth in this subsection (2)(g) with respect to its interest in the reformed or altered unit. If there is any nonconsenting owner within a proposed reformed or altered unit who has not been previously provided the information and offers set forth in subparagraphs (ii) through (v) of subsection (2)(a)of this section which was sent to the owners, and if the applicant for an order of reformation or alteration of such unit provides to the nonconsenting owner the information and offers set forth in subparagraphs (ii) through (v) of subsection (2)(a) of this section at the same time and in the same manner as such nonconsenting owners receive notice of the application to reform or alter the drilling unit, then the interest of any nonconsenting owner listed in the pooling order for the reformed or altered unit who does not agree in writing as provided for herein shall be subject to the charges set forth in this subsection (2)(g) with respect to its interest in the reformed or altered unit.

Whenever any one (1) operator has filed for alternate charges on two (2) drilling units, which units are direct, partially direct or diagonal offsets one to the other, such operator may not file a petition for alternate charges, as distinguished from the charges provided by subsection (1)(b), as to any additional units which are direct, partially direct or diagonal offsets to the said first two (2) units of that operator until said operator has drilled, tested and completed the first two (2) such wells, as wells capable of production or completed as dry holes or either, and has filed completion reports on said first two (2) wells with the board, or the permits for such well or wells have expired if one or both of them be not drilled.

The pooling order if issued shall provide that each nonconsenting owner shall be afforded the opportunity to participate in the development and operation of the well in the pooled unit as to all or any part of said owner's interest on the same costs basis as the consenting owners by agreeing in writing to pay that part of the costs of such development and operation chargeable to said nonconsenting owner's interest, or to enter into such other written agreement with the operator as the parties may contract, provided such acceptance in writing is filed with the board within twenty (20) days after the pooling order is filed for record with the board.

The pooling order shall provide that the well be drilled on a competitive contract, arms length, basis; provided, however, that the operator may employ its own tools or those of affiliates, but charges therefor shall not exceed the prevailing rates in the area.

(h) Within sixty (60) days after the completion of any operation on which alternate charges have been ordered, the operator shall furnish any nonconsenting owner who may request same an inventory of the equipment in and connected to the well, and an itemized statement of the cost of drilling, deepening, plugging back, testing, completing and equipping the well for production; or, at its option, the operator, in lieu of an itemized statement of such costs of operation, may submit detailed monthly statements of said costs. Each month thereafter, during the time the operator and/or consenting parties are being reimbursed, the operator shall furnish any nonconsenting owner who may request same with an itemized statement of all costs and liabilities incurred in the operation of the well, together with a statement of the quantity of oil and gas produced from it and the amount of proceeds realized from the sale of the well's production during the preceding month. Any amount realized from the sale or other disposition of equipment acquired in connection with any such operation which would have been owned by a nonconsenting owner had it participated therein as to its nonconsenting interest shall be credited against the total unreturned costs of the work done and of the equipment purchased in determining when the interest of such nonconsenting owner shall be owned by said nonconsenting owner as above provided; and if there is a credit balance, it shall be paid to such nonconsenting owner. From the point in time provided for in paragraph (g) of this subsection (2), each nonconsenting owner shall own the same interest in such well, the material and equipment in or pertaining thereto, and the production therefrom as such nonconsenting owner would have been entitled to had it participated in the drilling, reworking, deepening and/or plugging back of said well. Thereafter, except as otherwise provided in this section, the operator shall be entitled to charge each nonconsenting owner such nonconsenting owner's proportionate part of all reasonable costs incurred by the operator in operating the unit well and the unit, including a reasonable charge for supervision, and in the event such nonconsenting owner fails to pay such proportionate share of such costs within thirty (30) days after receipt by the nonconsenting owner of a valid invoice, the operator shall be entitled to receive such nonconsenting owner's share of production until such time as such unpaid share of costs shall have been recovered by the operator.

(i) In the event that a leased interest is subject to an order of pooling and integration, and the operator and/or the appropriate consenting owners are entitled to alternate charges as provided by paragraph (g) of this subsection (2), and if there be no reasonable question as to good and merchantable title to the royalty interest, the lessor of said lease shall be paid, by the operator or purchaser of production, the proceeds attributable to said lessor's contracted royalty, not to exceed an amount of three-sixteenths (3/16) of the proceeds attributable to the nonconsenting owner's proportionate share of production. Nothing herein contained shall affect or diminish in any way the responsibility of the nonconsenting owner to account for the payment of any royalty or other payment, not paid as herein provided, which may burden or be attributable to the interest owned by such nonconsenting owner.

(3) When production of oil or gas is not secured in paying quantities as a result of such integration or pooling of interests, there shall be no charge payable by the nonconsenting owner or owners as to such owner's nonconsenting interest.

(4) In the event of any dispute relative to costs, the board shall determine the proper costs, after due notice to all interested parties and a hearing thereon. Appeals may be taken from such determination as from any other order of the board.

(5) The State Oil and Gas Board shall in all instances where a unit has been formed out of lands or areas of more than one (1) ownership, require the operator when so requested by an owner, to deliver to such owner or his assigns his proportionate share of the production from the well common to such drilling unit; but where necessary, such owner receiving same shall provide at his own expense proper receptacles for the receipt or storage of such oil, gas or distillate.

(6) Should the persons owning the drilling or other rights in separate tracts embraced within a drilling unit fail to agree upon the integration of the tracts and the drilling of a well on the unit, and should it be established that the board is without authority to require integration as provided in this section, then, subject to all other applicable provisions of this chapter, and of Chapter 1 of this title, the owner of each tract embraced within the drilling unit may drill on his tract; but the allowable production from such tract shall be such proportion of the allowable production for the full drilling unit as the area of such separately owned tract bears to the full drilling unit.

(7) The State Oil and Gas Board in order to prevent waste and avoid the drilling of unnecessary wells may permit (i) the cycling of gas in any pool or portion thereof or (ii) the introduction of gas or other substance into an oil or gas reservoir for the purpose of repressuring such reservoir, maintaining pressure or carrying on secondary recovery operations. The board shall permit the pooling or integration of separate tracts or separately owned interests when reasonably necessary in connection with such operations.

(8) Agreements made in the interests of conservation of oil or gas, or both, or for the prevention of waste, between and among owners or operators, or both, owning separate holdings in the same field or pool or in any area that appears from geologic or other data to be underlaid by a common accumulation of oil or gas, or both, and agreements between and among such owners or operators, or both, and royalty owners therein, for the purpose of bringing about the development and operation of the field, pool or area, or any part thereof, as a unit, and for establishing and carrying out a plan for the cooperative development and operation thereof, when such agreements are approved by the board, are hereby authorized and shall not be held or construed to violate any of the statutes of this state relating to trusts, monopolies or contracts and combinations in restraint of trade.

SECTION 236. Section 53-3-119, Mississippi Code of 1972, is amended as follows:

53-3-119. Any interested person adversely affected by any provision of Sections 53-3-101 through 53-3-119 or by any rule, regulation or order made by the state oil and gas board thereunder, or by any act done or threatened thereunder, may secure judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 237. Section 53-7-45, Mississippi Code of 1972, is amended as follows:

53-7-45. (1) All applicants for a Class I permit and operators of a Class I operation requesting an amendment shall publish notice that the application or request for amendment has been filed, describing by name the specific type of application or request and setting forth the ownership, location and boundaries of the permit area sufficient so that the proposed or existing area of operation may be easily located by local residents, and the location where the application is available for public inspection. Such notice shall be placed in a newspaper of general circulation in the county of the proposed or existing operation one (1) time within ten (10) days after filing the application or request for amendment.

(2) Public hearings may be held at the office of the commission in Hinds County, Mississippi, or in the county in which the greater portion of the affected area is located, in the discretion of the commission. The commission shall give thirty (30) days' notice of the date, time and place of any such hearing to (a) the operator involved, (b) the local soil and water conservation districts, local governing bodies, the state soil and water conservation commission, the Mississippi Air and Water Pollution Control Commission, the Mississippi Park Commission, Mississippi Forestry Commission, board of trustees of the Mississippi Department of Archives and History, Mississippi Highway Commission, Mississippi Commission on Wildlife Conservation, Mississippi Agricultural and Forestry Experiment Station and to any other state agency whose jurisdiction the commission feels the mining operation may affect, (c) the owners of record of all surface areas in the permit area and within five hundred (500) feet thereof, notifying them of the subject matter of such hearing, and (d) other interested parties by publication once weekly for three (3) consecutive weeks in the newspaper of general circulation in the county where such operation may be conducted or is being conducted. The last publication of such notice shall be not less than ten (10) days prior to the date of the hearing.

(3) The commission shall issue and furnish all of the parties to the administrative proceedings with its written findings based on the record, granting or denying the application in whole or in part and stating the reasons therefor, not later than thirty (30) days of said hearings.

(4) * * * Any party to the administrative proceedings whose interest is or may be adversely affected by any ruling, order, decision or other act of the commission may secure judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 238. Section 53-7-65, Mississippi Code of 1972, is amended as follows:

53-7-65. (1) Upon the filing of a complaint by any person with the commission alleging that any person or operator is in violation of this chapter or regulations of the commission, the commission shall conduct an investigation of the complaint and upon finding a basis for such complaint shall cause written notice of such complaint, specifying the charges made, to be served upon such operator and requiring him to correct the alleged violation not less than ten (10) days after the service of notice. If the alleged violations are not corrected within the ten (10) days, the commission shall require the operator to appear * * * before the commission * * * thereafter. The commission shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. * * * The commission shall enter such order as it deems appropriate on the evidence presented, which order may include a civil penalty in an amount not to exceed One Thousand Dollars ($1,000.00) for each violation. If such order is not complied with, the commission may commence proceedings under Sections 53-7-59 through 53-7-63.

(2) Any party may secure judicial review of any order of the commission in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

(3) The provisions of this section shall in no way be construed to limit any action at law to which any party might be otherwise legally entitled.

SECTION 239. Section 53-9-7, Mississippi Code of 1972, is amended as follows:

53-9-7. For the purposes of this chapter, the following terms shall have the meaning ascribed in this section unless the context requires otherwise:

(a) "Appeal" means an appeal to an appropriate court of the state taken from a final decision of the permit board or commission made after a formal hearing before that body.

(b) "Approximate original contour" means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land before mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated. Water impoundments may be allowed if the permit board determines that the impoundments are in compliance with Section 53-9-45(2)(g).

(c) "As recorded in the minutes of the permit board" means the date of the permit board meeting at which the action concerned is taken by the permit board.

(d) "Coal" means combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous, or lignite by the American Society of Testing and Materials.

(e) "Commission" means the Mississippi Commission on Environmental Quality.

(f) "Department" means the Mississippi Department of Environmental Quality.

(g) "Executive Director" means the executive director of the department.

(h) "Exploration operations" means the disturbance of the surface or subsurface before surface coal mining and reclamation operations begin for the purpose of determining the location, quantity or quality of a coal deposit, and the gathering of environmental data to establish the conditions of the area before the beginning of surface coal mining and reclamation operations.

(i) "Federal act" means the Surface Mining Control and Reclamation Act of 1977, as amended, which is codified as Section 1201 et seq. of Title 30 of the United States Code.

(j) "Formal hearing" means an adjudicative proceeding conducted in accordance with the Mississippi Administrative Procedure Law of 1999 and any other hearing on the record, as recorded and transcribed by a court reporter, before the commission or permit board where all parties to the hearing are allowed to present witnesses, cross-examine witnesses and present evidence for inclusion into the record, as appropriate under rules promulgated by the commission or permit board.

(k) "Imminent danger to health and safety of the public" means the existence of any condition or practice, or any violation of a permit or other requirement of this chapter, in a surface coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before that condition, practice or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person subjected to the same conditions or practices giving rise to the peril would not expose himself or herself to the danger during the time necessary for abatement.

(l) "Interested party" means any person claiming an interest relating to the surface coal mining operation and who is so situated that the person may be affected by that operation, or in the matter of regulations promulgated by the commission, any person who is so situated that the person may be affected by the action.

(m) "Lignite" means consolidated lignite coal having less than eight thousand three hundred (8,300) British thermal units per pound, moist and mineral matter free.

(n) "Operator" means any person engaged in coal mining who removes or intends to remove more than two hundred fifty (250) tons of coal from the earth by coal mining within twelve (12) consecutive calendar months in any one (1) location.

(o) "Permit" means a permit to conduct surface coal mining and reclamation operations issued under this chapter.

(p) "Permit area" means the area of land indicated on the approved map submitted by the operator with the permit application which area of land shall be covered by the operator's performance bond.

(q) "Permit board" means the permit board created under Section 49-17-28.

(r) "Person" means an individual, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative or other business organization and any agency, unit or instrumentality of federal, state or local government, including any publicly owned utility or publicly owned corporation.

(s) "Prime farmland" means that farmland as defined by the United States Secretary of Agriculture on the basis of factors such as moisture availability, temperature regime, chemical balance, permeability, surface layer composition, susceptibility to flooding and erosion characteristics, and which historically have been used for intensive agricultural purposes, and as published in the federal register.

(t) "Public hearing," "informal hearing" or "public meeting" means a public forum organized by the commission, department or permit board for the purpose of providing information to the public regarding a surface coal mining and reclamation operation or regulations proposed by the commission and at which members of the public are allowed to make comments or ask questions or both of the commission, department or the permit board.

(u) "Reclamation plan" means a plan submitted by an applicant for a permit which sets forth a plan for reclamation of the proposed surface coal mining operations under this chapter.

(v) "Revision" means any change to the permit or reclamation plan that does not significantly change the effect of the mining operation on either those persons impacted by the permitted operations or on the environment, including, but not limited to, incidental boundary changes to the permit area or a departure from or change within the permit area, incidental changes in the mining method or incidental changes in the reclamation plan.

(w) "State" means the State of Mississippi.

(x) "State geologist" means the head of the office of geology and energy resources of the department or a successor office.

(y) "Surface coal mining and reclamation operations" means surface coal mining operations and all activities necessary and incident to the reclamation of those operations.

(z) "Surface coal mining operations" means:

(i) Activities conducted on the surface and immediate subsurface of lands in connection with a surface coal mine, surface operations and surface impacts incident to an underground coal mine, the products of which enter commerce or the operations of which directly or indirectly affect commerce. These activities include, but are not limited to:

(A) Excavation for the purpose of obtaining coal including common methods such as contour, strip, auger, mountaintop removal, boxcut, open pit and area mining;

(B) The use of explosives and blasting, in situ distillation or retorting, leaching or other chemical or physical processing; and

(C) The cleaning, concentrating or other processing or preparation, and the loading of coal for commerce at or near the mine site.

These activities do not include exploration operations subject to Section 53-9-41.

(ii) Areas upon which the activities occur or where the activities disturb the natural land surface. These areas shall also include, but are not limited to:

(A) Any adjacent land the use of which is incidental to any activities;

(B) All lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of any activities and for haulage;

(C) All lands affected by excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities or other property or materials on the surface resulting from or incident to the activities.

(aa) "Unwarranted failure to comply" means the failure of a permittee to prevent or abate the occurrence of any violation of a permit, this chapter or any regulation promulgated under this chapter due to indifference, lack of diligence or lack of reasonable care.

SECTION 240. Section 53-9-69, Mississippi Code of 1972, is amended as follows:

53-9-69. (1) (a) When, on the basis of any information available, including receipt of information from any person, the executive director or state geologist as the executive director's designee has reason to believe that any person is in violation of this chapter, any regulation or written order of the commission issued or promulgated under this chapter or any condition of a permit, the executive director or state geologist as the executive director's designee shall immediately order inspection of the surface coal mining operation at which the alleged violation is occurring unless the information available is a result of a previous inspection of the surface coal mining operation. When the inspection results from information provided to the executive director or state geologist by any person who is not an employee of the department, the executive director or state geologist as the executive director's designee shall notify the person when the inspection is proposed to be carried out and the person shall be allowed to accompany the inspector during the inspection.

(b) When, on the basis of any inspection, the executive director or the executive director's authorized representative determines that any condition or practices exist or that any permittee is in violation of this chapter or any regulation or written order of the commission promulgated or issued under this chapter or any condition of a permit and the condition, practice or violation also creates an imminent danger to the health and safety of the public, or is causing or can reasonably be expected to cause significant imminent environmental harm to land, air or water resources, the executive director or the executive director's authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or the portion of those operations relevant to the condition, practice or violation. The cessation order shall remain in effect until the executive director or the executive director's authorized representative determines that the condition, practice or violation has been abated or until the order is modified, vacated or terminated by the executive director or the executive director's authorized representative. If the commission, executive director or the executive director's authorized representative finds that the ordered cessation of surface coal mining and reclamation operations, or any portion of those operations shall not completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air or water resources, the commission, executive director or the executive director's authorized representative shall, in addition to the cessation order, impose obligations on the operator requiring the operator to take whatever steps the commission, executive director or the executive director's authorized representative deems necessary to abate the imminent danger or the significant environmental harm.

(c) (i) When, on the basis of an inspection, the executive director or the executive director's authorized representative determines that any permittee is in violation of this chapter, any regulation or written order of the commission promulgated or issued under this chapter or any condition of a permit but that violation does not create an imminent danger to the health and safety of the public or cannot be reasonably expected to cause significant imminent environmental harm to land, air or water resources, the commission, executive director or the executive director's authorized representative shall issue an order to the permittee or agent of the permittee setting a reasonable time of not more than ninety (90) days for the abatement of the violation and if deemed necessary by the commission, executive director or the executive director's authorized representative ordering an immediate cessation of activities violating or resulting in the violation of this chapter, the regulations promulgated under this chapter or any condition or limitation of a permit.

(ii) If, upon expiration of the period of time as originally fixed or subsequently extended, for good cause shown and upon the written finding of the commission, the executive director or the executive director's authorized representative finds that the violation has not been abated, the commission, the executive director or the executive director's authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or the portion of those operations relevant to the violation. The cessation order shall remain in effect until the commission, the executive director or the executive director's authorized representative determines that the violation has been abated or until that order is modified, vacated or terminated by the commission, the executive director or the executive director's authorized representative. In the cessation order issued by the commission, the executive director or the executive director's authorized representative, the commission, the executive director or the executive director's authorized representative shall determine the steps necessary to abate the violation in the most expeditious manner possible, and shall include measures in the order necessary to achieve that abatement.

(d) When, on the basis of an inspection, the executive director has reason to believe that a pattern of violations of this chapter, any regulation promulgated under this chapter or any condition of a permit exists or has existed, and if the executive director also finds that the violations are caused by the unwarranted failure of the permittee to comply with this chapter, any regulation promulgated under this chapter or any condition of a permit, or that the violations are willfully caused by the permittee, the executive director shall issue an order to the permittee to show cause as to why the permit should not be suspended or revoked by the permit board. Upon the permittee's failure to show cause to the satisfaction of the executive director or the executive director's authorized representative as to why the permit should not be suspended or revoked, the executive director or the executive director's authorized representative shall present this information to the permit board and request that the permit board suspend or revoke the permit. The permit board shall conduct an adjudicative proceeding under the Mississippi Administrative Procedure Law of 1999 in order to decide the executive director's request * * *. Any request by an interested party for a formal hearing regarding the permit board's initial decision on suspension or revocation of the permit or any appeal of the final decision following the formal hearing by any person who participated as a party in the formal hearing may be taken as provided in the Mississippi Administrative Procedure Law of 1999.

(e) The permittee or other interested party may, of right, request an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 concerning an order of the commission issued under paragraph (b) or (c) of this subsection as provided under Section 49-17-41.

(2) (a) The commission may institute a civil action for relief, including a permanent or temporary injunction or any other appropriate order, in the chancery court of the county or judicial district in which the surface coal mining and reclamation operation is located, in which the permittee has its principal office, or in the First Judicial District of Hinds County when the permittee or its agent:

(i) Violates or fails or refuses to comply with any permit, order or decision issued by the permit board or commission under this chapter;

(ii) Interferes with, hinders or delays the commission, permit board, department, executive director or any authorized representative of the executive director in carrying out this chapter;

(iii) Refuses to admit any authorized representative of the executive director, commission, permit board or department to the mine;

(iv) Refuses to permit inspection of the mine by that authorized representative;

(v) Refuses to furnish any information or report requested by the commission, permit board or department in furtherance of this chapter; or

(vi) Refuses to permit access to and copying of any records as the commission, permit board or department determines necessary in carrying out this chapter.

(b) The court shall have jurisdiction to provide any relief as may be appropriate. Preliminary injunctions shall be issued in accordance with state law. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and in cases of imminent and substantial hazard or endangerment to the environment or public health, it is not necessary that the commission plead or prove: (i) that irreparable damage would result if the injunction did not issue; (ii) that there is no adequate remedy at law; or (iii) that a written complaint or commission order has first been issued for the alleged violation. Any relief granted by the court to enforce an order under subsection 2(a)(i) of this section shall continue in effect until the completion or final termination of all proceedings for review of that order under this chapter unless, before that time, the court granting the relief sets it aside or modifies it.

(3) Nothing in this section shall be construed to eliminate any additional enforcement rights or procedures which are available under state law to a state agency but which are not specifically stated in this section.

(4) When an order is issued under this section, or as a result of any administrative proceeding under this chapter, at the request of any person, a sum equal to the aggregate amount of all costs and expenses, including attorney's fees, as determined by the commission to have been reasonably incurred by that person for or in conjunction with that person's participation in the proceedings, including any judicial review of agency actions, may be assessed against either party as the court, resulting from judicial review, or the commission, resulting from administrative proceedings deems proper.

SECTION 241. Section 53-9-77, Mississippi Code of 1972, is amended as follows:

53-9-77. (1) Unless otherwise expressly provided in this chapter, any interested party aggrieved by any action of the permit board taken under this chapter may, of right, request an adjudicative proceeding before the permit board as provided in the Mississippi Administrative Procedure Law of 1999. Any interested party aggrieved by any action of the commission, executive director or the executive director's authorized representative taken under this chapter may, of right, request an adjudicative proceeding before the commission as provided in the Mississippi Administrative Procedure Law of 1999. Any person who participated as a party * * * before the permit board may secure judicial review of a final decision of the permit board made under this chapter as provided in the Mississippi Administrative Procedure Law of 1999. Any person who participated as a party * * * before the commission may secure judicial review of a final decision of the commission made under this chapter as provided in the Mississippi Administrative Procedure Law of 1999.

(2) (a) Any public hearing of the permit board provided for under this chapter shall be deemed to be the same hearing as otherwise afforded to any interested party by the permit board under Section 49-17-29(4)(a). Any formal hearing of the permit board provided for under this chapter shall be deemed to be the same hearing as otherwise afforded to any interested party by the permit board under Section 49-17-29(4)(b).

(b) Any public hearing of the commission provided for under this chapter shall be deemed to be the same hearing as afforded under Section 49-17-35. Any formal hearing of the commission provided for under this chapter shall be deemed to be the same hearing as afforded under Section 49-17-41.

(3) (a) The commission may appoint a hearing officer to conduct any formal hearing under this chapter. The hearing officer shall have the same authority to conduct the hearing as provided the commission under Section 49-17-41.

(b) Upon written request by an alleged violator under Section 53-9-69, the commission or the hearing officer shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 and may, upon the basis of * * * the proceeding, stay any action taken by the executive director or the executive director's authorized representative under Section 53-9-69. The hearing officer may require a bond, if the hearing officer stays the action.

(4) Except as provided in Section 53-9-67, the availability of judicial review under this section shall not limit any rights established under Section 53-9-67.

SECTION 242. Section 61-1-45, Mississippi Code of 1972, is amended as follows:

61-1-45. Every order of the commission requiring performance of certain acts or compliance with certain requirements, and every denial or revocation of an approval, certificate or license, shall set forth the reasons and shall state the acts to be done or requirements to be met before approval by the commission will be given or the approval, license or certificate granted or restored or the order modified or changed. Orders issued by the commission pursuant to the provisions of this chapter shall be served upon the persons affected either by registered mail or in person. In every case where notice and opportunity for hearing are required under the provisions of this chapter the order of the commission shall provide for an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. Such order shall become effective upon the expiration of the time for exercising such opportunity for an adjudicative proceeding, unless an adjudicative proceeding is commenced within the time provided, in which case the order shall be suspended until the commission shall affirm, disaffirm or modify such order after hearing held or default by the person affected. To the extent practicable, hearings on such orders shall be held in the county where the affected person resides or does business. Judicial review of orders of the commission shall be had in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 243. Section 63-1-31, Mississippi Code of 1972, is amended as follows:

63-1-31. When a person is denied a license or any temporary driving permit after filing the proper application, he shall have the right to an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 244. Section 63-15-7, Mississippi Code of 1972, is amended as follows:

63-15-7. (1) The department shall administer and enforce the provisions of this chapter and may make rules and regulations necessary for its administration, and shall provide for hearings upon request of persons aggrieved by orders or acts of the department under the provisions of this chapter consistent with the Mississippi Administrative Procedure Law of 1999.

(2) Any order or act of the department, under the provisions of this chapter, may be subject to judicial review n accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 245. Section 63-17-95, Mississippi Code of 1972, is amended as follows:

63-17-95. (1) The commission shall conduct adjudicative proceedings in accordance with the Mississippi Administrative Procedure Law of 1999 respecting matters within the jurisdiction of the commission.

(2) The commission shall prescribe its rules of order or procedure in hearings or other proceedings before it. However, such rules of order or procedure shall not be in conflict or contrary to the provisions of the Mississippi Administrative Procedure Law of 1999.

(3) All decisions of the commission with respect to the hearings shall be incorporated into orders of the commission and spread upon its minutes.

(4) The commission may apply for civil enforcement of its order in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 246. Section 63-17-99, Mississippi Code of 1972, is amended as follows:

63-17-99.

(1) Judicial review of any decision of the commission shall be in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

(2) An action for judicial review shall be perfected as provided in the Mississippi Administrative Procedure Law of 1999. After perfection of the action for judicial review, the party having perfected the action shall file a bond in the penal sum of Five Hundred Dollars ($500.00) with two sureties or with a surety company qualified to do business in Mississippi as surety, conditioned to pay the costs of such appeal, said bond to be approved by any member of the commission or by its executive secretary or by the clerk of the * * * court in which judicial review is sought.

(3) No decision of the commission made as a result of a hearing shall become final with respect to any party affected and aggrieved by such decision until such party shall have exhausted or shall have had an opportunity to exhaust all of his remedies. However, any such decision may be made final if the commission finds that failure to do so would be detrimental to the public interest or public welfare; however, the finality of any such decision shall not prevent any party or parties affected and aggrieved thereby to appeal the same in accordance with the appellate procedure set forth in this section.

SECTION 247. Section 63-19-52, Mississippi Code of 1972, is amended as follows:

63-19-52. The commissioner shall have the power and authority to adopt, promulgate and issue such rules and regulations, not inconsistent with this article, or any other statute of the State of Mississippi, as he shall deem necessary for the purpose of the administration of this chapter. A copy of every rule and regulation promulgated by the commissioner shall be filed in accordance with the Mississippi Administrative Procedure Law of 1999, Section 25-43-1.02 et seq.

SECTION 248. Section 65-1-2, Mississippi Code of 1972, is amended as follows:

65-1-2. (1) There is hereby created the Mississippi Department of Transportation, which shall include the following offices:

(a) Office of Administrative Services.

(b) Office of Highways.

(c) Office of State Aid Road Construction.

(d) Office of Intermodal Planning.

(e) Office of Enforcement.

(2) Each office shall be composed of such bureaus as deemed necessary by the executive director of the department.

(3) The department is designated as the single state agency to receive and expend any funds made available by the United States Department of Transportation or any agency of the federal government for transportation purposes and to cooperate with federal, state, interstate and local agencies, organizations and persons performing activities relating to transportation. This subsection shall not apply to motor carrier safety assistance program funds made available by the federal government to the Public Service Commission.

(4) The powers, duties and responsibilities of the State Highway Department with respect to the construction and maintenance of the state highway system are transferred to the Mississippi Department of Transportation.

(5) The powers, duties and responsibilities of the Department of Economic and Community Development with respect to aeronautics are transferred to the Mississippi Department of Transportation.

(6) The powers, duties and responsibilities of the State Tax Commission with respect to the weighing of motor vehicles along the highways of this state at inspection stations and by means of portable scales are transferred to the Mississippi Department of Transportation.

(7) The powers, duties and responsibilities of the Department of Economic and Community Development with respect to transportation matters, except with respect to ports, are transferred to the Mississippi Department of Transportation.

(8) The powers, duties and responsibilities of the State Aid Engineer and the Office of State Aid Road Construction are transferred to the Mississippi Department of Transportation.

(9) All powers, duties and responsibilities of the Public Service Commission with regard to railroads, except rate-making authority, are transferred to the Mississippi Department of Transportation. The Mississippi Transportation Commission may perform any act and issue any rule, regulation or order which the commission is permitted to do by the Federal Railroad Safety Act of 1970 (45 USCS et seq.). A copy of any new rule, regulation or order passed by the Mississippi Transportation Commission shall be furnished to members of the Transportation Committees of the Mississippi House of Representatives and the Mississippi Senate. Individuals, corporations or companies affected by the order, rule or regulation shall be notified in accordance with the Mississippi Administrative Procedure Law of 1999.

(10) All records, personnel, property and unexpended balances of appropriations, allocation or other funds of all those agencies, boards, commissions, departments, offices, bureaus and divisions that are transferred by Laws, 1992, Chapter 496 shall be transferred to the Mississippi Department of Transportation. The transfer of segregated or special funds shall be made in such a manner that the relation between program and revenue source as provided by law shall be retained.

(11) From and after January 1, 1993, and until January 1, 1994, the Mississippi Department of Transportation and the Mississippi Transportation Commission shall be exempt from State Personnel Board procedures for the purpose of the employment, promotion, realignment, demotion, reprimand, suspension, termination, reallocation, reassignment, transfer, moving or relocation of personnel of all those agencies, boards, commissions, departments, offices, bureaus and divisions whose duties and responsibilities are transferred by Laws, 1992, Chapter 496 to the Mississippi Department of Transportation.

SECTION 249. Section 65-1-46, Mississippi Code of 1972, is amended as follows:

65-1-46. (1) There is created an Appeals Board of the Mississippi Transportation Commission. If any person feels aggrieved by a penalty for excess weight assessed against him by an agent or employee of the Mississippi Department of Transportation pursuant to Section 27-19-89, he may apply to the appeals board.

(2) The members serving on the appeals board on April 7, 1995, shall continue to serve until July 1, 1995. On July 1, 1995, the appeals board shall be reconstituted to be composed of five (5) qualified people. The initial appointments to the reconstituted board shall be made no later than June 30, 1995, for terms to begin July 1, 1995, as follows: One (1) member shall be appointed by the Governor for a term ending on June 30, 1996, one (1) member shall be appointed by the Lieutenant Governor for a term ending on June 30, 1997, one (1) member shall be appointed by the Attorney General for a term ending on June 30, 1998, one (1) member shall be appointed by the Chairman of the State Tax Commission for a term ending on June 30, 1999, and one (1) member shall be appointed by the Executive Director of the Mississippi Department of Transportation for a term ending on June 30, 2000. After the expiration of the initial terms of the members of the reconstituted board, all subsequent appointments shall be made for terms of four (4) years from the expiration date of the previous term. Any member serving on the appeals board before July 1, 1995, may be reappointed to the reconstituted appeals board. Appointments to the board shall be with the advice and consent of the Senate; however, the advice and consent of the Senate shall not be required for the appointment of a person to the reconstituted appeals board for a term beginning on July 1, 1995, if such person was serving as a member of the appeals board on June 30, 1995, and such person received the advice and consent of the Senate for that appointment.

(3) There shall be a chairman and vice-chairman of the board who shall be elected by and from the membership of the board. Any member who fails to attend three (3) consecutive regular meetings of the board shall be subject to removal by a majority vote of the board. A majority of the members of the board shall constitute a quorum. The chairman, or a majority of the members of the board, may call meetings as may be required for the proper discharge of the board's duties. Members of the board, except a member who is an officer or employee of the Mississippi Department of Transportation, shall receive per diem in the amount authorized by Section 25-3-69, for each day spent in the actual discharge of their duties and shall be reimbursed for mileage and actual expenses incurred in the performance of their duties in accordance with the provisions of Section 25-3-41.

Application shall be made by petition in writing, within thirty (30) days after assessment of the penalty, for a hearing and a review of the amount of the assessment. * * * The appeals board shall thereupon conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 and the rules of the commission not inconsistent therewith. Upon due consideration of all the facts relating to the assessment of the penalty, the appeals board, except as otherwise provided under this section or under Section 27-19-89, may require payment of the full amount of the assessment, may reduce the amount of the assessment or may dismiss imposition of the penalty entirely. The appeals board shall dismiss in its entirety the imposition of any penalty imposed against the holder of a harvest permit if the permittee proves to the appeals board, by clear and convincing evidence, that the average load transported by the permittee during the permittee's last five (5) haul days immediately preceding the day upon which the penalty appealed from was assessed did not exceed eighty thousand (80,000) pounds. The appeals board shall reduce the penalty assessed against the holder of a harvest permit to a maximum of Two Cents (2 per pound of overweight if the permittee proves to the appeals board, by clear and convincing evidence, that the average load transported by the permittee during the permittee's last five (5) haul days immediately preceding the day upon which the penalty appealed from was assessed exceeded seventy-nine thousand nine hundred ninety-nine (79,999) pounds but did not exceed eighty-four thousand (84,000) pounds. The board shall make such orders in the matter as appear to it just and lawful and shall furnish copies thereof to the petitioner. If the appeals board orders the payment of the penalty, the petitioner shall pay the penalty, damages and interest, if any, within ten (10) days after the order is issued unless there is an application for appeal from the decision of the board as provided in the succeeding paragraph. Interest shall accrue on the penalty at the rate of one percent (1%) per month, or part of a month, beginning immediately after the expiration of the ten-day period.

If any person feels aggrieved by the decision of the appeals board, he may secure judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 250. Section 65-2-15, Mississippi Code of 1972, is amended as follows:

65-2-15. * * * Either party to the dispute may seek judicial review of such order in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 251. Section 65-9-1, Mississippi Code of 1972, is amended as follows:

65-9-1. The board of supervisors of each county, now having full jurisdiction over all roads, ferries, and bridges in its respective county not maintained as state highways, is hereby fully authorized and empowered to construct and maintain the same (including designated state highways not yet taken over by the highway department); and all such roads under the jurisdiction of the several boards of supervisors are hereby designated, defined, and declared to be either (a) "feeder" or "local farm roads" or (b) "state aid roads."

State aid roads are hereby defined as that group or class of roads composing the main collector and distributor routes feeding into local trade areas or into the state highway network, which are not designated as state highways by the Legislature, and particularly those essential to the conservation and development of natural resources, of economic and social value, and encouraging desirable land utilization, having in addition the following characteristics, to wit: roads (including bridges and ferries) which

(a) Connect communities within the individual counties and with those of adjoining counties and/or which also connect with the state highway system to form a complete network of secondary or collector routes.

(b) Carry heavy volumes of traffic serving most of the following interests of the counties, to wit:

(1) Agricultural

(2) Business

(3) Educational

(4) Industrial

The State Aid Engineer shall see that the criteria imposed herein are explicitly followed in the designation and in the construction of the state aid roads in each county. The State Aid Engineer shall promulgate regulations pursuant to the Mississippi Administrative Procedure Law of 1999 to require the development of a network of intercounty roads and to provide for a review process within the state aid division for the designation of said state aid roads. Such regulations shall also establish standards for state aid route designation. The State Aid Engineer is hereby authorized and directed to withhold funds from such counties until the state aid roads therein are designated and constructed according to the characteristics set forth herein.

All other roads under the jurisdiction of the several boards of supervisors are hereby declared to be "local farm roads" and not affected in anywise by this chapter.

State aid roads in the several counties shall be eligible for state aid in the manner and under the terms and conditions hereinafter set out. State aid, by way of funds to be expended on state aid roads, shall consist of any sum or sums provided by the Legislature to supplement funds furnished by the several counties for the purpose of constructing, improving, widening, straightening, surfacing, or reconstructing roads on the state aid system, and shall be available to the several counties in such proportion as may be fixed and determined by law.

SECTION 252. Section 67-1-39, Mississippi Code of 1972, is amended as follows:

67-1-39. Judicial review of an order of the commission shall be in accordance with the Mississippi Administrative Procedure Law of 1999. * * * Actions taken by the commission in suspending a permit when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a permit suspension that is required by Section 93-11-157 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

SECTION 253. Section 69-1-18, Mississippi Code of 1972, is amended as follows:

69-1-18. (1) The commissioner may conduct sanitation inspections in retail food stores. "Retail food store" means any establishment where food and food products are offered for sale to the ultimate consumer and intended for off-premise consumption. Such food or food products may be exposed to varying degrees of preparation and may often need further preparation or processing after it has been purchased. "Retail food store" shall not mean a food service establishment as defined by the Mississippi State Department of Health.

(2) The commissioner is authorized to promulgate rules and regulations to establish inspection parameters and other matters as may be necessary to accomplish the purposes of this section in accordance with the Mississippi Administrative Procedure Law of 1999.

(3) Each retail food store, before engaging in business, shall obtain a license from the commissioner for each place of business or facility where such business is conducted. Application for license shall be made on forms prescribed and furnished by the commissioner. Licenses issued under this subsection by the commissioner shall expire on June 30 each year and application for renewals thereof shall be made annually before the expiration date. Such licenses shall not be transferrable and application must be made for a new license if there is any change in the location or ownership of the business.

(4) The commissioner may publish the names and addresses of violators and such information pertaining to violation(s) of this section as he deems appropriate.

(5) Any person found by the commissioner to be in violation of this section may be assessed a penalty in an amount of not more than Five Hundred Dollars ($500.00) and subsequent violations within a six-month period at a penalty of not more than One Thousand Dollars ($1,000.00). In addition to, or in lieu of, such penalties the commissioner may suspend or revoke the permit issued to such person under terms of this section. The commissioner shall notify such person of such action in writing delivered by United States mail. Such person shall have fifteen (15) days after the notice is mailed within which to request in writing an adjudicative proceeding. Upon request of such person, the commissioner shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

The commission's decision after an adjudicative proceeding shall be subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. * * * If any penalty imposed by the commissioner is not paid within thirty (30) days of becoming final, the commissioner may take appropriate * * * action in the chancery court to enforce the order and collect such penalty and the court shall award the commissioner reasonable attorney's fees and court costs to collect the penalty.

The commissioner may invoke the remedy of injunction to enforce any of the provisions of this section.

SECTION 254. Section 69-1-25, Mississippi Code of 1972, is amended as follows:

69-1-25. (1) The State Commissioner of Agriculture and Commerce, the Governor and the Attorney General of the State of Mississippi, are hereby authorized and empowered, in their discretion, to protect the welfare of the people of the State of Mississippi by guaranteeing that seeds, feeds, fertilizers, bulbs, vegetables, or any and all other product of farm, grove, forest, garden and minerals, including, but not limited to, coal and lime, coming into the State of Mississippi meet the proper standards, in accordance with the laws of the State of Mississippi and rules and regulations drawn by the State Commissioner of Agriculture and Commerce, with the approval of the Attorney General, in accordance with the Mississippi Administrative Procedure Law of 1999, governing the labeling as to net weight, source of origin, purity, and grade thereof. In the case of coal or lime, the State Commissioner of Agriculture and Commerce, with the approval of the Attorney General, may promulgate rules and regulations setting up a form or forms to be used in guaranteeing the net weight at the point of delivery, to be weighed on approved scales in the presence of the purchaser.

(2) Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not exceeding Five Hundred Dollars ($500.00) or imprisonment in the county jail not exceeding six months, or both, and each sale of any such goods or products without meeting the requirements of this section shall constitute a separate offense.

SECTION 255. Section 69-3-115, Mississippi Code of 1972, is amended as follows:

69-3-115. Any person desiring a change in the rules and regulations or to appeal from the action of the state seed certifying agency shall have the right to an adjudicative proceeding before a board of appeals. The board of appeals composed of the State Commissioner of Agriculture and Commerce, the Director of the Agricultural and Forestry Experiment Station of Mississippi State University of Agriculture and Applied Science, and the President of Mississippi State University of Agriculture and Applied Science, at such time and place as the board chairman shall designate. The Director of the Agricultural and Forestry Experiment Station of Mississippi State University of Agriculture and Applied Science shall serve as chairman of the board. The adjudicative proceeding shall be in accordance with the Mississippi Administrative Procedure Law of 1999. Any party shall have a right to judicial review of the order of the board in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 256. Section 69-7-267, Mississippi Code of 1972, is amended as follows:

69-7-267. Every person owning over three thousand (3,000) hens, or who is engaged or who engages in the business of selling eggs to a retailer who retails eggs in the State of Mississippi shall prior to offering for sale or selling eggs to a retailer, secure a license for such business from the Commissioner of Agriculture and Commerce, which license shall first be approved by the board. Applications for licenses shall be on forms furnished by the Department of Agriculture and Commerce, and shall show the name and address of the applicant and such other information as to identity, kind and type of business engaged in as the commissioner shall deem pertinent. Each license application shall be accompanied by a fee of Fifty Dollars ($50.00). All licenses issued shall expire on June 30 each year. The license may be revoked or suspended by the board for violation of any provision of this article or rules and regulations duly promulgated by the board for the enforcement of this article in accordance with the Mississippi Administrative Procedure Law of 1999, or for the violation of any laws of the State of Mississippi pertaining to producing, grading, classifying or marketing eggs in Mississippi or regulations of the State Department of Agriculture and Commerce duly promulgated for such purposes. For the first offense, the license may be suspended for a period of not more than thirty (30) days; for the second offense, the license may be suspended for not more than sixty (60) days; for the third offense, the license may be suspended for not more than one (1) year. For any subsequent offense, the license may be suspended for any period, or may be revoked. Such disciplinary action shall be the result of not less than board action. Any person against whom such disciplinary action has been taken may apply to the board for an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 in order to show cause why the disciplinary action shall not be taken. Such petition for an adjudicative proceeding shall act as supersedeas of the disciplinary action until such time as the board shall conduct an adjudicative proceeding * * *, however, * * * if such adjudicative proceeding is granted and any continuation or delay is the result of the action of the applicant, the supersedeas shall not continue past the date set by the board for such adjudicative proceeding.

Application for reinstatement of a revoked license may be made upon expiration of the period of revocation or if permanently revoked, then after twelve (12) months from date of said revocation. Each reinstatement application shall be accompanied by a reinstatement fee of Fifty Dollars ($50.00). All licenses shall be valid until suspended or revoked as herein provided or until cancelled by the licensee. Licenses shall not be transferable. Proceeds from the license fees collected under this article shall be transmitted to the State Treasurer for credit to the special fund as provided for elsewhere in this article.

SECTION 257. Section 69-7-613, Mississippi Code of 1972, is amended as follows:

69-7-613. (1) Any person who violates any provision of this article for which no other civil penalty is provided by this article shall upon conviction be subject to a fine of not more than Five Hundred Dollars ($500.00); provided, no person shall be subject to penalties under this section for receiving for transportation any article in violation of this article if such receipt was made in good faith, unless such person refuses to furnish, on request of a representative of the commissioner, the name and address of the person from whom he received such article, and copies of all documents, if any there be, pertaining to the delivery of the article to him.

(2) Nothing in this article shall be construed as requiring the commissioner to report for prosecution or for the institution of libel or injunction proceedings minor violations of this article whenever he believes that the public interest will be adequately served by a suitable written notice of warning.

(3) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the commissioner reports a violation for such prosecution, an opportunity shall be given the distributor or other affected person to present his view to the commissioner.

(4) The commissioner is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under this article, notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.

(5) Any person adversely affected by an act, order or ruling made by the commissioner pursuant to the provisions of this article shall have a right of judicial review of such actions in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 258. Section 69-7-667, Mississippi Code of 1972, is amended as follows:

69-7-667. (1) The commissioner is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under this article, notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.

(2) Any person adversely affected by an act, order or ruling made by the commissioner pursuant to the provisions of this article shall have a right of judicial review of such action in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 259. Section 69-15-51, Mississippi Code of 1972, is amended as follows:

69-15-51. It is the purpose of Sections 69-15-51 through 69-15-69 to establish an adjudicative procedure in accordance with the Mississippi Administrative Procedure Law of 1999 under the Board of Animal Health to enforce the rules and regulations of the Board of Animal Health and the statutes and laws of the State of Mississippi pertaining to the control and eradication of tuberculosis, anthrax, hog cholera, Texas and splenic fever and the fever-carrying tick (Margaropus annulatus), cattle brucellosis, anaplasmosis, infectious bovine rhinotracheitis, muscosal disease, cattle viral diarrhea, cattle scabies, sheep scabies, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, equine infectious anemia and any suspected new and/or foreign diseases of livestock and poultry, and all other diseases of animals in this state, currently in effect or hereafter made and promulgated.

SECTION 260. Section 69-15-53, Mississippi Code of 1972, is amended as follows:

69-15-53. (1) When any allegation or charge has been made against a person for violating the rules and regulations of the Board of Animal Health or the law relating to the prevention and eradication of diseases in animals and livestock, the Board of Animal Health shall direct the State Veterinarian to act as the reviewing officer. The reviewing officer shall (a) cause the complaint to be in writing and signed by the person making the charge; (b) insure that the complaint is filed in the office of the Board of Animal Health; and (c) send a copy of the complaint and any supporting documents to the person accused along with a request for the accused to respond to the allegations within thirty (30) days. Such notification shall be accomplished by any of the methods provided for in Rule 4 of the Mississippi Rules of Civil Procedure. Upon receipt of the response and any supporting documents from the accused, the reviewing officer shall screen all information on file to determine the merit of the complaint or lack thereof.

(2) If the reviewing officer determines that the complaint lacks merit, he may dismiss the complaint.

(3) If the reviewing officer determines that there are reasonable grounds to indicate that a violation has occurred or the accused admits to the truth of the allegations upon which the complaint is based, the reviewing officer may levy a fine not to exceed One Thousand Dollars ($1,000.00) for each violation.

(4) If the accused requests an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999, in writing, within thirty (30) days, the reviewing officer shall notify the Board of Animal Health and an adjudicative proceeding shall be conducted. The actions of the State Veterinarian with respect to subsections (2) and (3) above shall be reviewable at such proceeding, if so requested. The party requesting a proceeding shall file a fee of One Hundred Dollars ($100.00) along with the request for a proceeding to cover the cost of recording the proceeding.

SECTION 261. Section 69-15-55, Mississippi Code of 1972, is amended as follows:

69-15-55. (1) The Board of Animal Health, upon notice from the reviewing officer that a hearing is requested, shall appoint a three-member hearing committee which shall consist of one (1) attorney from the Attorney General's office, and two (2) representatives from the Department of Agriculture or from the membership of the Board of Animal Health. The hearing committee shall, within thirty (30) days of notification from the reviewing officer commence an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

(2) * * * The hearing shall be closed unless the accused shall request a public hearing. The hearing committee shall have the right and duty to impose reasonable restrictions as it may deem necessary or appropriate to insure an orderly, expeditious and impartial proceeding * * *.

(3) At the conclusion of the hearing, the hearing committee, upon the majority vote of the members of such committee, shall transmit to the Board of Animal Health a written opinion incorporating findings of fact and recommendations for penalties which shall not exceed One Thousand Dollars ($1,000.00) for each violation.

SECTION 262. Section 69-15-57, Mississippi Code of 1972, is amended as follows:

69-15-57. The reviewing officer and/or the hearing committee shall certify findings and recommendations to the Board of Animal Health within five (5) days of the conclusion of the proceedings. The Board of Animal Health shall, at its next regular meeting, review such findings and recommendations and approve, modify or reverse the recommendations made as a result of the review and proceeding. The Board of Animal Health shall then notify the accused violator of its decision by certified mail at a mailing address provided during the proceedings, or at the accused violator's last-known address.

SECTION 263. Section 69-15-59, Mississippi Code of 1972, is amended as follows:

69-15-59. Failure of the accused to request an adjudicative proceeding or respond to the complaint within thirty (30) days shall constitute a waiver of the right to an adjudicative proceeding and any penalties assessed by the board shall be due and payable as provided in Section 69-15-67.

SECTION 264. Section 69-15-63, Mississippi Code of 1972, is amended as follows:

69-15-63. (1) Any individual aggrieved by a final decision of the Board of Animal Health after its review of the hearing officer's recommendation shall be entitled to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

(2) * * * The person seeking judicial review shall prepay all costs, including the cost of preparation of the record of the proceedings by the Board of Animal Health, and file a bond in the sum of Five Hundred Dollars ($500.00) conditioned that if the action of the board be affirmed * * *, the aggrieved party shall pay the costs of the judicial review * * *.

SECTION 265. Section 69-15-117, Mississippi Code of 1972, is amended as follows:

69-15-117. (1) The owner or possessor of an equine, as defined in Section 95-11-3, shall not take the equine into any state or local government facility or multipurpose building where animals are housed or held for exhibits, shows or sales unless the owner or possessor displays to the operator of the facility a certificate issued by a licensed veterinarian showing that the equine is free of equine infectious anemia. A Coggins test must have been performed within the twelve (12) months immediately preceding the exhibit, show or sale. Shows on privately owned property are exempt from this act.

(2) The Board of Animal Health shall promulgate rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999 to enforce this section.

(3) Any person violating this section or the rules and regulations promulgated under this section by the Board of Animal Health is subject to the penalties provided in Section 69-15-65.

SECTION 266. Section 69-19-1, Mississippi Code of 1972, is amended as follows:

69-19-1. The Commissioner of Agriculture and Commerce shall have the power to make rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999 to govern the qualifications and the practicing of persons engaged in the professional services herein defined and to prevent fraudulent practices in the said professional services. No such rule or regulation shall be effective unless and until the same shall have been approved by the advisory board created under the provisions of Section 69-25-3, Mississippi Code of 1972.

SECTION 267. Section 69-21-7, Mississippi Code of 1972, is amended as follows:

69-21-7. (1) No person, firm or corporation shall engage in the application of hormone-type herbicides by aircraft within this state at any time without a license issued by the commissioner through his agent, the State Entomologist. Application for a license shall be made to the commissioner through his agent, the State Entomologist at Mississippi State University of Agriculture and Applied Science, State College, Mississippi. Each application for a license shall contain information regarding the applicant's qualifications and proposed operations and other relevant matters as required pursuant to regulations promulgated by the commissioner.

(2) The commissioner may require the applicant to show, upon examination, that he possesses adequate knowledge concerning the proper use and application of herbicides and the dangers involved and precautions to be taken in connection with their application. If the applicant is other than an individual, the applicant shall designate an officer, member or technician of the organization to take the examination, such designee to be subject to the approval of the commissioner. If the extent of the applicant's operations warrant it, the commissioner may require more than one officer, member or technician to take the examination.

(3) If the commissioner finds the applicant qualified, he shall issue a license, for such period as the commissioner may by regulation prescribe, to perform application of herbicides within this state. The license may restrict the applicant to the use of a certain type or types of equipment or materials if the commissioner finds that the applicant is qualified to use only such type or types. If a license is not issued as applied for, the commissioner shall inform the applicant in writing of the reasons therefor. If the applicant is dissatisfied with the decision of the applicant, upon his request, the commissioner shall conduct an adjudicative proceeding in regard thereto in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 268. Section 69-21-109, Mississippi Code of 1972, is amended as follows:

69-21-109. The board, after public hearing duly held, is hereby vested with the authority to adopt such rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999 as may be necessary to regulate the application of chemicals and pesticides according to the time of year, manner, form and area of application, wind velocity, and may restrict the use of certain chemicals and pesticides which create an unusual hazard to the health, safety and welfare of the public. The board shall set professional standards for applicators and pilots in the interest of the safety, welfare and general well-being of the public of Mississippi.

The board shall have authority to procure samples of spray and dust materials before and after they are mixed in order to determine the concentration of the mixtures.

The Agricultural Aviation Board shall have authority to maintain an office and employ necessary personnel within the framework of fees collected to carry out the purposes of this article.

It shall be the duty of the board to enforce this article and all rules and regulations made and adopted in compliance with this article.

The board or its representatives shall have access to any premises where there is reason to believe that a chemical or pesticide is being or has been applied by an applicator, or where any applicator is based, or preparing to apply any of the materials herein stated, for the purpose of enforcement of this article. The board shall have authority to inspect equipment used for application of chemicals and pesticides as stated in this article.

The Board of Agricultural Aviation shall maintain a close liaison and spirit of cooperation with the Mississippi Department of Agriculture and Commerce, in the supervision of aerially applied chemicals which are under their jurisdiction as provided by Sections 69-21-7 through 69-21-15. The board, further, shall closely assist the Mississippi Department of Transportation in carrying out its statutory functions to the end that aviation can continue its rapid advance.

SECTION 269. Section 69-21-121, Mississippi Code of 1972, is amended as follows:

69-21-121. (1) The Agricultural Aviation Board, in exercising its authority to enforce this article and its rules and regulations made and adopted in compliance with this article, shall have the power to discipline the holder of a license after a hearing and opportunity to be heard in an adjudicative proceeding conducted in accordance with the Mississippi Administrative Procedure Law of 1999 has been given to the holder of the license. Notice of the time and place of such hearing and the grounds therefor shall be given to the holder of the license by registered or certified mail at least ten (10) days prior to the date of the hearing, and said licensee shall be disciplined as follows, to wit:

(a) By placing him upon probation, the terms of which may be set by the board;

(b) By suspending his right to do business as an applicator or pilot for a time deemed proper by the board;

(c) By revoking, cancelling or suspending his license; or

(d) By taking any other action in relation to his license as the board may deem proper under the circumstances.

(2) Such disciplinary action may be made by the board if it finds that such licensee:

(a) Is guilty of misrepresentation for the purpose of defrauding;

(b) Has made any false statements or representations in his application for issuance or renewal of a license;

(c) Has violated any of the provisions of this article or the rules and regulations promulgated thereunder by the board; or

(d) Has made any application in a faulty, careless or negligent manner.

(3) Any person aggrieved by action of the Agricultural Aviation Board shall have a right to secure judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 270. Section 69-21-125, Mississippi Code of 1972, is amended as follows:

69-21-125. (1) Violation of this article or the rules and regulations promulgated thereunder shall be a misdemeanor punishable by a fine of not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. Each day's violation shall constitute a separate offense. All sums of money collected as a result of fines levied under this section shall be forwarded to the State Treasurer and disbursed upon requisitions signed by the Chairman of the Board of Agricultural Aviation to defray operating expenses of the board and for no other purpose; provided, however, all such funds shall be subject to audit by the State Auditor.

(2) In addition to the penalties herein provided, the board is hereby granted the authority to file in the chancery court * * * injunctive proceedings against any person violating the provisions of this article or the rules and regulations promulgated hereunder.

(3) The Attorney General, district attorneys, and county attorneys of the state shall assist the Board of Agricultural Aviation upon their request to carry out the penalty section of this article.

SECTION 271. Section 69-21-151, Mississippi Code of 1972, is amended as follows:

69-21-151. It is the purpose of this article to establish an administrative hearing procedure in accordance with the Mississippi Administrative Procedure Law of 1999 for the Board of Agricultural Aviation to enforce the rules and regulations of the Board of Agricultural Aviation and Sections 69-21-101 through 69-21-127, Mississippi Code of 1972.

SECTION 272. Section 69-21-153, Mississippi Code of 1972, is amended as follows:

69-21-153. (1) When any allegation or charge has been made against a person for violating the rules and regulations of the Board of Agricultural Aviation or Sections 69-21-101 through 69-21-127, the Board of Agricultural Aviation shall in accordance with the Mississippi Administrative Procedure Law of 1999:

(a) Cause the complaint to be in writing and signed by the person making the charge;

(b) Insure that the complaint is filed in the office of the Board of Agricultural Aviation;

(c) Cause the complaint to be investigated by an inspector of the Agricultural Aviation Board or the Bureau of Plant Industry; and

(d) Send a copy of the complaint and any supporting documents to the person accused along with a request for the accused to respond to the allegations within thirty (30) days. Such notification shall be accomplished by any of the methods provided for in Rule 4 of the Mississippi Rules of Civil Procedure. Upon receipt of the response and any supporting documents from the accused, the Board of Agricultural Aviation shall screen all information on file to determine the merit of the complaint or lack thereof.

(2) If the Board of Agricultural Aviation determines that the complaint lacks merit, it may recommend that the complaint be dismissed.

(3) If the Board of Agricultural Aviation determines that there are reasonable grounds to indicate that a violation has occurred or if the accused admits to the truth of the allegations upon which the complaint is based, the Board of Agricultural Aviation may recommend a fine not to exceed Twenty-five Thousand Dollars ($25,000.00) for each violation.

(4) (a) In determining the amount of the penalty, the Board of Agricultural Aviation may consider the appropriateness of such penalty to the size of the business of the person charged, the effect on the person's ability to continue in business and the gravity of the violation. Whenever the Board of Agricultural Aviation finds that the violation occurred, despite the exercise of due care, if the violation did not cause significant harm to the public health or the environment, the Board of Agricultural Aviation may issue a warning in lieu of proposing a penalty.

(b) The accused shall have thirty (30) days from receipt of the recommendation of the Board of Agricultural Aviation within which to file with the Board of Agricultural Aviation a written request for an informal settlement conference. If the accused requests a conference as provided herein, the Board of Agricultural Aviation shall meet with the accused to discuss the proposed penalty and the possibility of an agreed settlement. If, in the judgment of the Board of Agricultural Aviation, a reasonable settlement is reached, the Board of Agricultural Aviation may revise its penalty recommendation accordingly.

(c) The accused may, within thirty (30) days from the receipt of the decision of the Board of Agricultural Aviation, * * * request an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 273. Section 69-21-155, Mississippi Code of 1972, is amended as follows:

69-21-155. (1) The Board of Agricultural Aviation shall, within thirty (30) days of notification from the accused, commence an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

(2) * * * The hearing shall be closed unless the accused shall request a public hearing. The Board of Agricultural Aviation shall have the right and duty to impose reasonable restrictions as it may deem necessary or appropriate to insure an orderly, expeditious and impartial proceeding * * *.

(3) At the conclusion of the hearing, the Board of Agricultural Aviation upon the majority vote of the members shall issue a written opinion incorporating its findings of facts and conclusions of law and any penalty that it may assess not to exceed Twenty-five Thousand Dollars ($25,000.00) per violation. The executive officer shall notify the accused violator of the Board of Agricultural Aviation's decision.

SECTION 274. Section 69-21-157, Mississippi Code of 1972, is amended as follows:

69-21-157. Failure of the accused to request an informal settlement conference or an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 or to respond to the complaint within thirty (30) days shall constitute a waiver of the right to an adjudicative proceeding, and any penalties assessed by the Board of Agricultural Aviation shall be due and payable as provided in Section 69-21-165.

SECTION 275. Section 69-21-159, Mississippi Code of 1972, is amended as follows:

69-21-159. The Board of Agricultural Aviation shall have jurisdiction over all persons and property necessary to administer and enforce the provisions of this article, the rules and regulations of the board. The board may adopt rules and regulations to implement the provisions of this article in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 276. Section 69-21-161, Mississippi Code of 1972, is amended as follows:

69-21-161. (1) Any individual aggrieved by a final decision of the Board of Agricultural Aviation shall be entitled to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

(2) * * * The person seeking judicial review shall prepay all costs, including the cost of preparation of the record of the proceedings before the board, and file a bond in the sum of Five Hundred Dollars ($500.00) conditioned that if the action of the board be affirmed by the circuit court, the aggrieved party shall pay the costs of the appeal to the circuit court.

SECTION 277. Section 69-23-9, Mississippi Code of 1972, is amended as follows:

69-23-9. (1) The commissioner is authorized, after opportunity for a hearing:

(a) To declare as a pest any form of plant or animal life or virus which is injurious to plants, man, domestic animals, articles or substances;

(b) To determine whether pesticides registered under authority of Section 24 (c) of FIFRA are highly toxic to man in conformity with federal regulations;

(c) To determine standards of coloring or discoloring for pesticides and to subject pesticides to the requirements of Section 69-23-5 (1).

(2) The commissioner is authorized, after due public hearing in accordance with the Mississippi Administrative Procedure Law of 1999, to make appropriate rules and regulations for carrying out the provisions of this chapter, including but not limited to rules and regulations providing for the collection and examination of samples; the safe handling, transportation, storage, display, distribution and disposal of pesticides and their containers; protecting the environment; labeling and adopting state restricted pesticide uses.

(3) In order to avoid confusion endangering the public health resulting from diverse requirements, particularly as to the labeling and coloring of pesticides, and to avoid increased costs to the people of this state due to the necessity of complying with such diverse requirements in the manufacture and sale of such pesticides, it is desirable that there should be uniformity between the requirements of the several states and the federal government relating to such pesticides. To this end the commissioner is authorized, after due public hearing in accordance with the Mississippi Administrative Procedure Law of 1999, to adopt by regulation such regulations, applicable to and in conformity with the primary standards established by this chapter, as have been or may be prescribed by the United States Government with respect to pesticides.

(4) No action taken by the commissioner under the provisions of this section shall be effective unless and until such action is approved by the advisory board created under the provisions of Section 69-25-3, Mississippi Code of 1972.

SECTION 278. Section 69-23-11, Mississippi Code of 1972, is amended as follows:

69-23-11. (1) The commissioner or his employees, with proper identification and during normal working hours, shall have free access to all places of business, factories, buildings, carriages, cars, stores, warehouses and other places where pesticides are offered for sale or kept for sale or distribution or use and application, and shall have authority to inspect or open any container of pesticide and to take therefrom a sample for the purpose of examination and analysis. It shall be the duty of the commissioner to take such samples and deliver them to the State Chemist for examination and analysis.

(2) It shall be the duty of the State Chemist to cause as many analyses to be made of samples delivered to him by the commissioner as may be necessary to properly carry into effect the intent of this chapter. He shall make reports of such analysis to the commissioner and to the manufacturer, firm or person responsible for placing on the market the pesticide represented by the samples.

(3) If it shall appear that any pesticide fails to comply with the provisions of this chapter, or if provisions of this chapter have been violated, the commissioner may proceed with appropriate action as provided in this chapter or under the administrative hearing procedures provided in Section 69-25-51 et seq. If, in the opinion of the commissioner, it shall appear that the provisions of the chapter have been violated, the commissioner may refer the facts to the county attorney, district attorney or Attorney General. However, nothing in this chapter shall be construed as requiring the commissioner to report for prosecution or for the institution of libel proceedings minor violations of this chapter whenever he believes that the public interest will be best served by a suitable notice of warning in writing.

(4) It shall be the duty of each county attorney, district attorney or Attorney General to whom any such violation is reported to cause appropriate proceedings to be instituted and prosecuted in the appropriate court without delay.

(5) The commissioner shall, by publication in accordance with the Mississippi Administrative Procedure Law of 1999, give notice of all judgments entered in actions instituted under the authority of this chapter.

SECTION 279. Section 69-25-7, Mississippi Code of 1972, is amended as follows:

69-25-7. (1) The Commissioner of Agriculture and Commerce is empowered to conduct such inspections and promulgate and enforce such quarantine regulations as may be necessary in carrying out the provisions of this article.

(2) The Commissioner of Agriculture and Commerce shall from time to time make rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999 for carrying out the provisions and requirements of this article, including rules and regulations under which his inspectors and other employees shall (a) inspect places, plants and plant products, and things, and substances used or connected therewith, (b) investigate, control, eradicate and prevent the dissemination of insect pests and diseases, and (c) supervise or cause the treatment, cutting and destruction of plants and plant products and other things infested or infected therewith, but no such rule or regulation shall be effective unless first submitted to and approved by the advisory board established under the provisions of Section 69-25-3. The inspectors and employees employed by the commissioner shall have authority to carry out and execute the regulations and orders of the said commissioner and shall have authority under direction of the commissioner to carry out the provisions of this article.

SECTION 280. Section 69-25-51, Mississippi Code of 1972, is amended as follows:

69-25-51. (1) When any allegation or charge has been made against a person for violating the rules and regulations of the Bureau of Plant Industry within the regulatory office of the Mississippi Department of Agriculture and Commerce or the laws set forth in Sections 69-19-1 through 69-19-11 and Sections 69-21-1 through 69-21-27 and Sections 69-23-1 through 69-23-133, Mississippi Code of 1972, the State Entomologist or his designated employee shall act as a reviewing officer. The designated reviewing officer shall (a) cause the complaint to be in writing and signed by the person making the charge; (b) insure that the complaint is filed in the office of the Bureau of Plant Industry; and (c) send a copy of the complaint and any supporting documents to the person accused along with a request for the accused to respond to the allegations within thirty (30) days. Such notification shall be accomplished by any of the methods provided for in Rule 4 of the Mississippi Rules of Civil Procedure. Upon receipt of the response and any supporting documents from the accused, the reviewing officer shall screen all information on file to determine the merit of the complaint or lack thereof. The reviewing officer may meet with and discuss the alleged violation with the accused.

(2) If the reviewing officer determines that the complaint lacks merit, he may recommend to the Commissioner of Agriculture and Commerce that the complaint be dismissed.

(3) If the reviewing officer determines that there are reasonable grounds to indicate that a violation has occurred or if the accused admits to the truth of the allegations upon which the complaint is based, the reviewing officer may recommend to the Commissioner of Agriculture and Commerce an appropriate penalty which may be a written notice of warning, assessment of civil penalties or suspension or cancellation of license or permit as provided by the Rules and Regulations of the Bureau of Plant Industry and/or a fine not to exceed Five Thousand Dollars ($5,000.00) for each violation.

(4) If the accused requests a hearing, in writing, within thirty (30) days from receipt of the decision of the Commissioner of Agriculture and Commerce, the commissioner shall appoint three (3) members of the advisory board to the Bureau of Plant Industry to act as a hearing committee which shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

In determining the amount of the penalty, the reviewing officer shall consider the appropriateness of such penalty for the particular violation, the effect of the penalty on the person's ability to continue in business and the gravity of the violation.

SECTION 281. Section 69-25-53, Mississippi Code of 1972, is amended as follows:

69-25-53. (1) The hearing procedure shall be that provided for an adjudicative proceeding before the Mississippi Administrative Procedure Law of 1999.

(2) * * * The hearing shall be closed unless the accused shall request a public hearing. The hearing committee shall have the right and duty to impose reasonable restrictions as it may deem necessary or appropriate to insure an orderly, expeditious and impartial proceeding * * *.

(3) At the conclusion of the hearing, the hearing committee upon the majority vote of the members of such committee shall transmit to the Commissioner of Agriculture and Commerce a written opinion incorporating its findings of facts and conclusions of law and recommended penalty. The commissioner shall enter an order accepting or rejecting the committee's written opinion. Should the commissioner reject the committee's opinion, he shall set forth in the order his reasons for doing so. The State Entomologist shall notify the accused violator of the commissioner's final decision.

SECTION 282. Section 69-25-55, Mississippi Code of 1972, is amended as follows:

69-25-55. Failure of the accused to request an adjudicative proceeding or respond to the complaint within thirty (30) days shall constitute a waiver of the right to a hearing and any penalties assessed by the commissioner shall be due and payable as provided in Section 69-25-63.

SECTION 283. Section 69-25-57, Mississippi Code of 1972, is amended as follows:

69-25-57. The Commissioner of Agriculture and Commerce shall have jurisdiction over all persons and property necessary to administer and enforce the provisions of Sections 69-25-51 through 69-25-65. The commissioner may adopt rules and regulations to implement the provisions of Sections 69-25-51 through 69-25-65 in accordance with the Mississippi Administrative Procedure Law of 1999. These rules shall include penalty assessment guidelines based on a schedule which takes into consideration the severity or gravity of the violation and the type of violation.

SECTION 284. Section 69-25-59, Mississippi Code of 1972, is amended as follows:

69-25-59. (1) Any individual aggrieved by a final decision of the Commissioner of Agriculture and Commerce shall be entitled to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

(2) An appeal from judicial review of the commissioner's decision shall be in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 285. Section 69-35-21, Mississippi Code of 1972, is amended as follows:

69-35-21. The hours, voting places, rules and regulations of the milk and dairy products, said referendum date, hours, voting places, rules and regulations with respect to the holding of such referendum shall be published by the state ADA and extension service, in accordance with the Mississippi Administrative Procedure Law of 1999, through the medium of the public press in the state at least thirty (30) days before the holding of such referendum, and direct written notice thereof shall likewise be given to all dairy-related organizations within the state and to each county extension agent and shall likewise state the method by which such assessment shall be collected and how the proceeds thereof shall be administered and the purposes to which the same shall be applied, which purposes shall be in keeping with the provisions of this act.

SECTION 286. Section 69-36-7, Mississippi Code of 1972, is amended as follows:

69-36-7. The Commissioner of Agriculture and Commerce may adopt such rules and regulations, in accordance with the Mississippi Administrative Procedure Law of 1999, * * * as are necessary to carry out the purposes of this chapter and the Southern Dairy Compact.

SECTION 287. Section 69-37-25, Mississippi Code of 1972, is amended as follows:

69-37-25. The Bureau of Plant Industry is authorized to promulgate regulations quarantining this state, or any portion thereof, and governing the storage, treatment, or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from such areas. The bureau shall determine when such action is necessary, or appears reasonably necessary, to prevent or retard the spread of the boll weevil. The bureau is also authorized to promulgate regulations governing the movement of regulated articles from other states or portions thereof into this state when such state is known to be infested with the boll weevil. The promulgation of these regulations shall conform in all aspects to the Mississippi Administrative Procedure Law of 1999, * * * and sound principles of quarantines.

SECTION 288. Section 69-37-31, Mississippi Code of 1972, is amended as follows:

69-37-31. (1) The bureau is authorized to promulgate reasonable regulations restricting the pasturage of livestock, entry by persons, location of honeybee colonies or other activities affecting the boll weevil eradication program in affected areas, for limited periods of time, which have been or will be treated with pesticides or otherwise treated to cause the eradication of the boll weevil, or in any other areas that may be affected by such treatments.

(2) The bureau shall also have authority to adopt such other rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999 as it deems necessary to further effectuate the purposes of this chapter, provided that such other rules and regulations are approved by the Board of Directors of the Certified Cotton Growers Organization. In no event, however, shall the rules and regulations promulgated by the bureau and the board of the Certified Cotton Growers Organization apply to any region which, through referenda provided for herein, has not approved participation in any eradication, pre-eradication, suppression, or information-gathering program.

SECTION 289. Section 69-37-35, Mississippi Code of 1972, is amended as follows:

69-37-35. The commissioner, with the consent of the Certified Cotton Growers Organization, is authorized to exempt from the assessment penalty requirements set forth in this article those cotton growers for whom paying the assessment penalties would impose an undue financial hardship, and the commissioner is authorized to establish, upon the recommendation of the Certified Cotton Growers Organization, a payment plan in such hardship cases. This exemption shall be implemented as follows:

(a) The commissioner, with the consent of the Certified Cotton Growers Organization and in accordance with the Mississippi Administrative Procedure Law of 1999, shall adopt rules and regulations defining the criteria to be used in determining financial hardship. However, no exemption shall be granted to any cotton grower who, after the amount of assessments and penalties otherwise due has been subtracted from his taxable net income, has a net income exceeding Fifteen Thousand Dollars ($15,000.00) for the year in which he seeks an exemption;

(b) Any cotton grower who claims an exemption shall apply on a form prescribed by the commissioner. A separate application shall be filed for each calendar year in which a cotton grower claims an exemption. Each application shall contain an explanation of the conditions to be met for approval. An oath shall be included on the form which upon completion shall be returned to the commissioner;

(c) The commissioner shall forward all completed exemption application forms to the Certified Cotton Growers Organization. The growers organization shall determine from the information contained in the application forms whether or not the applicants qualify for a hardship exemption (exemption from penalty) and may recommend a payment plan to the commissioner; and

(d) The Certified Cotton Growers Organization shall notify the commissioner of its determination, which shall be binding upon the applicants. Upon receipt of the determination of the Certified Cotton Growers Organization, the commissioner shall promptly notify each affected cotton grower of that determination. If an exemption has been denied, assessments and penalties for the year in which the application was made shall become due at the time they would otherwise have become due had no application for exemption been filed or within thirty (30) days after the date of the commissioner's notice of an adverse determination, whichever is later.

SECTION 290. Section 69-39-19, Mississippi Code of 1972, is amended as follows:

69-39-19. The commissioner is authorized and empowered, with the approval of the Attorney General as provided in Section 69-1-25, to promulgate such rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999 as may be necessary for the effective enforcement of this chapter. Regulations adopted as provided herein shall have the full force and effect of law.

SECTION 291. Section 69-43-3, Mississippi Code of 1972, is amended as follows:

69-43-3. (1) The Mississippi Ratite Council and Promotion Board is created to be composed of five (5) members as follows: Two (2) members elected by the Mississippi State Emu Association; two (2) members elected by the Mississippi Ostrich Association; and one (1) member appointed by the Commissioner of Agriculture and Commerce. Each member shall serve a term of one (1) year to coincide with the calendar year. Vacancies which occur shall be filled in the same manner as the original elections or appointments were made.

(2) The members of the board shall meet and organize immediately after their election or appointment and shall elect a chairman, vice-chairman and secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by such officers or specifically designated by the board. The chairman, vice-chairman and secretary-treasurer shall be bonded in an amount not less than Twenty Thousand Dollars ($20,000.00). The cost of the bonds shall be paid from the funds received under the provisions of Section 69-43-5. Such bond shall be a security for any illegal act of any member of the board and recovery thereon may be had by the state for any injury by such illegal act of such member. The board may establish rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999 for its own government and the administration of the affairs of the board.

SECTION 292. Section 71-3-51, Mississippi Code of 1972, is amended as follows:

71-3-51. The final award of the commission shall be subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. The final award of the commission shall be conclusive and binding unless either party to the controversy shall, within thirty (30) days from the date of its filing in the office of the commission and notification to the parties, apply for judicial review thereof appeal therefrom to the circuit court of the county in which the injury occurred.

 * * * In the event of the timely filing of a notice of judicial review, judicial review shall be in accordance with the Mississippi Administrative Procedure Law of 1999. Judicial review shall not act as a supersedeas unless the court to which such appeal is directed shall so direct, and then upon such terms as such court shall direct.

No controversy shall be heard by the commission or an award of compensation made therein while the same matter is pending either before a federal court or in any court in this state.

Any award of compensation made on judicial review shall bear the same interest and penalties as do other judgments awarded on appellate review.

SECTION 293. Section 71-3-55, Mississippi Code of 1972, is amended as follows:

71-3-55. (1) When necessary, the commission shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. Declarations of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury.

(2) Hearings before the commission shall be open to the public and shall be * * * recorded and preserved. The commission shall by regulations provide for the preparation of a record of the hearings and other proceedings in accordance with the Mississippi Administrative Procedure Law of 1999.

(3) Unless otherwise ordered by the commission, hearings shall be conducted in the county where the injury occurred.

SECTION 294. Section 71-3-66, Mississippi Code of 1972, is amended as follows:

71-3-66. The noncontroverted case medical reports, rehabilitation counselor reports and psychological reports of the commission, insofar as they refer to accidents, injuries and settlements, shall not be open to the public under the Mississippi Public Records Act of 1983, but only to the parties satisfying the commission of their interest in such records and the right to inspect them. Under such reasonable rules and regulations as the commission may adopt in accordance with the Mississippi Administrative Procedure Law of 1999, the records of the commission as to any employee in any previous case in which such employee was a claimant shall be open to and made available to such claim to an employer or its insurance carrier which is called upon to pay compensation, medical expenses and/or funeral expenses, or to any party at interest, except that the commission may make such reasonable charge as it deems proper for furnishing information by mail and for copies of records.

SECTION 295. Section 71-3-85, Mississippi Code of 1972, is amended as follows:

71-3-85. (1) There is hereby created a commission to be known as the Workers' Compensation Commission, consisting of three (3) members, who shall devote their entire time to the duties of the office. The Governor shall appoint the members of the commission, by and with the consent of the Mississippi State Senate, one (1) for a term of two (2) years, one (1) for a term of four (4) years, and one (1) for a term of six (6) years. Upon the expiration of each term as above set forth, the Governor shall appoint a successor for a term of six (6) years, and thereafter the term of office of each commissioner shall be for six (6) years. One (1) member shall be a person who by reason of his previous vocation or affiliation can be classed as a representative of employers, and one (1) member shall be a person who by reason of his previous vocation or affiliation can be classed as a representative of employees. One (1) member shall be an attorney at law of recognized ability with at least five (5) years' active practice in Mississippi prior to his appointment. The Governor shall designate the chairman of the commission, whose term of chairman shall run concurrently with his appointment as a commissioner.

The chairman shall be the administrative head of the commission and shall have the final authority in all matters relating to assignment of cases for hearing and trial and the administrative work of the commission and its employees, except in the promulgation of rules and regulations wherein the commission shall act as a body, and in the trial and determination of cases as otherwise provided in accordance with the Mississippi Administrative Procedure Law of 1999.

Upon the expiration of the term of a commissioner, he shall continue to serve until his successor has been appointed. Because cumulative experience is conspicuously essential to the proper administration of a workers' compensation law, it is declared to be in the public interest to continue workers' compensation commissioners in office as long as efficiency is demonstrated. A commissioner may be removed for cause prior to the expiration of his term, but shall be furnished a written copy of the charges against him and shall be accorded a public hearing in accordance with the Mississippi Administrative Procedure Law of 1999.

Each member of the commission and each administrative law judge shall receive an annual salary fixed by the Legislature.

(2) A vacancy in the commission, if there remain two (2) members of it, shall not impair the authority of such two (2) members to act. In case of illness or continued absence for other reasons, the same authority of such two (2) members shall apply.

(3) The commission shall have the powers and duties necessary for effecting the purposes of this chapter in accordance with the Mississippi Administrative Procedure Law of 1999, including the powers of a court of record for compelling the attendance of witnesses, examining them under oath, and compelling the production of books, papers, documents and objects relevant to the determination of a claim for compensation, and the power to adopt rules and regulations and make or approve the forms relating to notices of injuries, payment of claims and other purposes. The authority of the commission and its duly authorized representatives to investigate and determine claims for compensation shall include the right to enter the premises where an injury occurred, to ascertain its causes and circumstances.

(4) The office of the commission shall be situated in the City of Jackson, but hearings may be held at such places as it may deem most convenient for the proper and speedy performance of its duties. The commission is authorized, if it deems it necessary for the convenient and efficient dispatch of business, to lease office space and facilities in other than publicly owned buildings.

(5) The commission shall adopt detailed rules and regulations for implementing the purposes of this chapter at hearings attended by the main parties interested in accordance with the Mississippi Administrative Procedure Law of 1999. Such rules, upon adoption, shall be published in accordance with the Mississippi Administrative Procedure Law of 1999 and be at all reasonable times made available to the public and, if not inconsistent with law, shall be binding upon those participating in the responsibilities and benefits of the workers' compensation law.

(6) The commission shall adopt or approve the forms required for administering the chapter, such notices of injury, application for benefits, receipts for compensation and all other forms needed to assure the orderly and prompt operation of the law, and may require the exclusive use of any or all such approved forms.

SECTION 296. Section 71-5-115, Mississippi Code of 1972, is amended as follows:

71-5-115. It shall be the duty of the commission to administer this chapter; and it shall have the power and authority to adopt, amend, or rescind such rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999, to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as it deems necessary or suitable to that end. Such rules and regulations shall be effective upon publication in accordance with the Mississippi Administrative Procedure Law of 1999 in the manner, not inconsistent with the provisions of this chapter, which the commission shall prescribe. The commission shall determine its own organization and methods of procedure in accordance with the provisions of this chapter, and shall have an official seal which shall be judicially noticed. Not later than the first day of February in each year, the commission shall submit to the Governor a report covering the administration and operation of this chapter during the preceding fiscal year and shall make such recommendations for amendments to this chapter as the commission deems proper. Whenever the commission believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, it shall promptly so inform the Governor and the Legislature, and make recommendations with respect thereto.

SECTION 297. Section 71-5-117, Mississippi Code of 1972, is amended as follows:

71-5-117. General rules may be adopted, amended, or rescinded by the commission only after public hearing or opportunity to be heard thereon, of which proper notice has been given and in accordance with the Mississippi Administrative Procedure Law of 1999. * * * Regulations may be adopted, amended, or rescinded by the commission and shall become effective in the manner and at the time prescribed by the commission not inconsistent with the Mississippi Administrative Procedure Law of 1999.

SECTION 298. Section 71-5-119, Mississippi Code of 1972, is amended as follows:

71-5-119. The commission shall cause to be printed for distribution to the public the text of this chapter, its regulations and general rules, its reports to the Governor, and any other material it deems relevant and suitable, and shall furnish the same to any person upon application therefor in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 299. Section 71-5-519, Mississippi Code of 1972, is amended as follows:

71-5-519. Unless such appeal is withdrawn, a judicial review in accordance with the Mississippi Administrative Procedure Law of 1999, after affording the parties reasonable opportunity for fair hearing, shall affirm, modify or reverse the findings of fact and initial determination or amended initial determination. The parties shall be duly notified of such tribunal's decision, together with its reasons therefor, which shall be deemed to be the final decision of the board of review unless, within fourteen (14) days after the date of notification or mailing of such decision, further appeal is initiated pursuant to Section 71-5-523.

SECTION 300. Section 71-5-523, Mississippi Code of 1972, is amended as follows:

71-5-523. The board of review, in accordance with the Mississippi Administrative Procedure Law of 1999, may on its own motion affirm, modify, or set aside any decision of an appeal tribunal on the basis of the evidence previously submitted in such case, or direct the taking of additional evidence, or may permit any of the parties to such decision to initiate further appeals before it. The board of review shall permit such further appeal by any of the parties to a decision of an appeal tribunal which is not unanimous, and by the examiner whose decision has been overruled or modified by an appeal tribunal. The board of review may remove to itself or transfer to another appeal tribunal the proceedings on any claim pending before an appeal tribunal. Any proceedings so removed to the board of review shall be heard by a quorum thereof in accordance with the requirements of Section 71-5-519 and within fifteen (15) days after notice of appeal has been received by the chairman of the board of review. No notice of appeal shall be deemed to be received by the said chairman, within the meaning of this section, until all prior appeals pending before the board of review have been heard. The board of review shall, within four (4) days after its decision, so notify the parties to any proceeding of its findings and decision. In the event of unavoidable absence of the chairman, then the other two (2) members may agree between themselves as to which of them shall act as temporary chairman and may thereupon proceed with the disposition of the case, or cases, before them.

SECTION 301. Section 71-5-525, Mississippi Code of 1972, is amended as follows:

71-5-525. The manner in which appealed claims shall be presented and the conduct of hearings and appeals shall be in accordance with regulations prescribed by the board of review for determining the rights of the parties in accordance with the Mississippi Administrative Procedure Law of 1999, whether or not such regulations conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record shall be kept of all proceedings in connection with an appealed claim. The commission's entire file relative to the appealed claim shall be a part of such record and shall be considered as evidence. All testimony at any hearing upon an appealed claim shall be recorded, but need not be transcribed unless the claim is further appealed.

SECTION 302. Section 73-1-13, Mississippi Code of 1972, is amended as follows:

73-1-13. (1) The board shall adopt rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999 for the eligibility, examination and registration of applicants desiring to practice architecture in accordance with this chapter and may amend, modify or repeal such rules and regulations.

The board shall receive applications for registration as an architect only on forms prescribed and furnished by the board and upon receipt of such application may approve such applicant, providing such applicant meets the following requirements:

(a) The applicant must have a professional degree in architecture from a school or college of architecture on the list of accredited schools of architecture issued by the National Architectural Accrediting Board;

(b) The applicant must have been enrolled for a minimum of one (1) year in, and have completed all requirements of, a practical work internship program patterned after the National Council of Architectural Registration Boards intern-architect development program that will be prepared, adopted and approved by the board and must have received from the board a certification by the board that the applicant has met or exceeded the work requirements of the board. The internship work program shall include but not be limited to the following subjects:

(i) Design and construction documents;

(ii) Construction administration;

(iii) Office management; and

(iv) Related special activities.

(c) The applicant must have passed the applicable National Council of Architectural Registration Board's examination;

(d) The applicant must have satisfied the board as to the applicant's good standing in the profession and his moral character. Any of the following acts shall preclude an applicant's eligibility as a candidate for registration:

(i) Conviction by any court for commission of any felony or any crime involving moral turpitude;

(ii) Conviction by any court of a misdemeanor involving fraud, deceit or misrepresentation;

(iii) Misstatement or misrepresentation of fact by the applicant in connection with the applicant's application for registration in this state or another jurisdiction;

(iv) Violation of any of the rules of conduct required of applicants or architects as adopted by board;

(v) Practicing architecture, or holding himself out as capable of practicing architecture, in this state in violation of the chapter.

The board may admit an applicant otherwise precluded from consideration because of the prohibitions imposed in this paragraph (d) if the board determines that the applicant has shown clear and convincing evidence of rehabilitation and reform. Such decision is in the sole discretion of the board and upon such terms, conditions and evidence as the board may require.

Additionally, notwithstanding the provisions of paragraph (b) of this subsection, if the applicant can provide sufficient and satisfactory evidence that he is unable to obtain the intern-architect development program certification, the board may accept in lieu thereof certification by the applicant that he has completed not less than three (3) continuous years of actual engagement in architectural work in the office or offices of a licensed architect or architects. Such certification shall be on such terms, conditions and requirements as the board may establish.

(2) The board may require that the applicant appear before the board for a personal interview.

SECTION 303. Section 73-1-29, Mississippi Code of 1972, is amended as follows:

73-1-29. (1) The board, upon satisfactory proof and in accordance with this chapter and the regulations of the board, is authorized to take the disciplinary actions provided for hereinafter against any person for any of the following reasons:

(a) Violating any of the provisions of Sections 73-1-1 through 73-1-43 or the bylaws, rules, regulations or standards of ethics or conduct duly adopted by the board pertaining to the practice of architecture;

(b) Obtaining a certificate of registration by fraud, deceit or misrepresentation;

(c) Gross negligence, malpractice, incompetency or misconduct in the practice of architecture;

(d) Any professional misconduct, as defined by the board through bylaws, rules and regulations, and standards of conduct and ethics; (professional misconduct may not be defined to include bidding by architects for contracts based on price);

(e) Practicing or offering to practice architecture on an expired certificate or while under suspension or revocation of certificate unless such suspension or revocation is abated through probation, as provided for hereinafter;

(f) Practicing architecture under an assumed or fictitious name;

(g) Being convicted by any court of a felony, except conviction of culpable negligent manslaughter, in which case the record of conviction shall be conclusive evidence;

(h) Willfully misleading or defrauding any person employing him as an architect by any artifice or false statement; or

(i) Having undisclosed financial or personal interests which compromise his obligation to his client.

(2) Any person may prefer charges against any other person for committing any of the acts set forth in subsection (1). Such charges need not be sworn to, may be made upon actual knowledge or upon information and belief, and must be filed with the board. If any person licensed under Sections 73-1-1 through 73-1-43 is expelled from membership in any Mississippi or national professional architectural society or association, the board shall thereafter cite such person to appear at an adjudicative proceeding before the board to show cause why disciplinary action should not be taken against that person.

The board shall investigate all charges filed with it and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, may commence an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

No disciplinary action may be taken until the accused has been furnished both a statement of the charges against him and notice of his opportunity for an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

If a majority of the board finds the accused guilty of the charges filed, the board may:

(a) Issue a public or private reprimand;

(b) Suspend or revoke the certificate of the accused, if the accused is a registrant; or

(c) In lieu of or in addition to such reprimand, suspension or revocation, assess and levy upon the guilty party a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for each violation.

(3) A monetary penalty assessed and levied under this section shall be paid to the board upon the expiration of the period allowed for appeal of such penalties under this section, or may be paid sooner if the guilty party elects. Money collected by the board under this section shall be deposited to the credit of the special fund created in Section 73-1-43, Mississippi Code of 1972.

When payment of such monetary penalty assessed and levied by the board is delinquent, the board shall have the power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county of residence of the guilty party. If the guilty party is a nonresident of the State of Mississippi, such proceedings shall be in the Chancery Court of the First Judicial District of Hinds County, Mississippi.

(4) When the board has taken a disciplinary action under this section, the board may stay such action and place the guilty party on probation for a period not to exceed one (1) year upon condition that the guilty party shall not further violate either the laws of the State of Mississippi pertaining to the practice of architecture or the bylaws, rules and regulations, or standards of conduct and ethics promulgated by the board.

(5) The board may assess and tax any part or all of the costs of any disciplinary proceedings conducted under this section against the accused if the accused is found guilty of the charges.

(6) The power and authority of the board to assess and levy the monetary penalties provided for in this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in this section.

(7) The board, for sufficient cause, may reissue a revoked certificate of registration by a majority vote of the board members; but in no event shall a revoked certificate be issued within two (2) years of the revocation. A new certificate of registration required to replace a revoked, lost, mutilated or destroyed certificate may be issued, subject to the rules of the board, for a charge not to exceed Ten Dollars ($10.00).

(8) Any person aggrieved by an action of the board shall have a right of judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

(9) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the certificate of registration of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a certificate for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a certificate suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a certificate suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 304. Section 73-2-16, Mississippi Code of 1972, is amended as follows:

73-2-16. (1) The board shall also have the power to revoke, suspend or annul the certificate or registration of a landscape architect or reprimand, censure or otherwise discipline a landscape architect.

(2) The board, upon satisfactory proof and in accordance with the provisions of this chapter, may take the disciplinary actions against any registered landscape architect for any of the following reasons:

(a) Violating any of the provisions of Sections 73-2-1 through 73-2-21 or the implementing bylaws, rules, regulations or standards of ethics or conduct duly adopted and promulgated by the board pertaining to the practice of landscape architecture;

(b) Fraud, deceit or misrepresentation in obtaining a certificate of registration;

(c) Gross negligence, malpractice, incompetency or misconduct in the practice of landscape architecture;

(d) Any professional misconduct, as defined by the board through bylaws, rules and regulations and standards of conduct and ethics (professional misconduct shall not be defined to include bidding on contracts for a price);

(e) Practicing or offering to practice landscape architecture on an expired license or while under suspension or revocation of a license unless said suspension or revocation be abated through probation;

(f) Practicing landscape architecture under an assumed or fictitious name;

(g) Being convicted by any court of a felony, except conviction of culpable negligent manslaughter, in which case the record of conviction shall be conclusive evidence;

(h) Willfully misleading or defrauding any person employing him as a landscape architect by any artifice or false statement;

(i) Having undisclosed financial or personal interest which compromises his obligation to his client;

(j) Obtaining a certificate by fraud or deceit; or

(k) Violating any of the provisions of this chapter.

(3) Any person may prefer charges against any other person for committing any of the acts set forth in subsection (2). Such charges need not be sworn to, may be made upon actual knowledge, or upon information and belief, and shall be filed with the board. In the event any person licensed under Sections 73-2-1 through 73-2-21 is expelled from membership in any Mississippi or national professional landscape architectural society or association, the board shall thereafter cite said person to appear at an adjudicative proceeding before the board and to show cause why disciplinary action should not be taken against that person.

The board shall investigate all charges filed with it and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, may, in its discretion, commence an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

No disciplinary action taken hereunder may be taken until the accused has been furnished both a statement of the charges against him and notice of his opportunity for an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

If a majority of the board finds the accused guilty of the charges filed, the board may: (a) issue a public or private reprimand; (b) suspend or revoke the license of the accused, if the accused is a registrant; or (c) in lieu of or in addition to such reprimand, suspension or revocation, assess and levy upon the guilty party a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for each violation.

(4) A monetary penalty assessed and levied under this section shall be paid to the board upon the expiration of the period allowed for appeal of such penalties under this section, or may be paid sooner if the guilty party elects. Money collected by the board under this section shall be deposited to the credit of the board's general operating fund.

When payment of a monetary penalty assessed and levied by the board in accordance with this section is not paid when due, the board shall have the power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county and judicial district of the residence of the guilty party and if the guilty party be a nonresident of the State of Mississippi, such proceedings shall be in the Chancery Court of the First Judicial District of Hinds County, Mississippi.

(5) When the board has taken a disciplinary action under this section, the board may, in its discretion, stay such action and place the guilty party on probation for a period not to exceed one (1) year upon the condition that the guilty party shall not further violate either the law of the State of Mississippi pertaining to the practice of landscape architecture or the bylaws, rules and regulations, or standards of conduct and ethics promulgated by the board.

(6) The board, in its discretion, may assess and tax any part or all of the costs of any disciplinary proceedings conducted under this section against the accused, if the accused is found guilty of the charges.

(7) The power and authority of the board to assess and levy the monetary penalties provided for in this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in this section.

(8) The board, for sufficient cause, may reissue a revoked license of registration whenever a majority of the board members vote to do so but in no event shall a revoked license be issued within two (2) years of the revocation. A new license of registration required to replace a revoked, lost, mutilated or destroyed license may be issued, subject to the rules of the board, for a charge not to exceed Twenty-five Dollars ($25.00).

(9) The board may direct the advisory committee to review and investigate any charges brought against any landscape architect under this chapter and to hold the hearings provided for in this section and to make findings of fact and recommendations to the board concerning the disposition of such charges.

(10) Nothing herein contained shall preclude the board or advisory committee from initiating proceedings in any case. The advisory committee shall furnish legal advice and assistance to the board whenever such service is requested.

(11) Any person aggrieved by an action of the board shall have a right of judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

(12) In addition to the reasons specified in subsection (2) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153 of this act. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163 of this act, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 of this act and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163 of this act, as the case may be, shall control.

SECTION 305. Section 73-5-27, Mississippi Code of 1972, is amended as follows:

73-5-27. The Board of Barber Examiners may neither refuse to suspend or revoke, nor revoke or suspend any certificate of registration as a registered barber or barber instructor, for any of the causes enumerated in this chapter, unless the holder of such certificate has been given the opportunity for an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 306. Section 73-13-15, Mississippi Code of 1972, is amended as follows:

73-13-15. The board shall have the power to adopt and amend all regulations and rules of procedure, not inconsistent with the Constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties and the regulations of the proceedings before it. The board shall adopt and have an official seal. It shall not be required to post bond on appeals. The board shall have the further power and authority to:

(a) Establish standards of conduct and ethics;

(b) Institute proceedings in its own name;

(c) Promulgate rules restricting competitive bidding;

(d) Promulgate rules limiting or restricting advertising;

(e) Authorize the preparation or a demonstration of continuing education programs with voluntary participation;

(f) Adopt and promulgate reasonable bylaws and rules and regulations necessary or appropriate for the proper fulfillment of its duties under state laws pertaining thereto;

(g) Provide for the enforcement of and to enforce the laws of the State of Mississippi and, in particular, the provisions of this chapter, and the bylaws, rules and regulations of the board;

(h) Provide by appropriate rules and regulations, within the provisions of this chapter, a system for taking the disciplinary actions provided for in Section 73-13-37, including the imposition of fines as provided therein; and

(i) Investigate, prosecute or initiate prosecution for violation of the laws of this state pertaining to the practices of engineering and land surveying, or matters affecting the rights and duties or otherwise related thereto.

In carrying into effect the provisions of Sections 73-13-1 through 73-13-97, the board * * * may subpoena witnesses and compel their attendance, and also may require the production of books, papers, documents, etc., as provided in the Mississippi Administrative Procedure Law of 1999, in any case involving the disciplinary actions provided for in Section 73-13-37 or 73-13-89 or practicing or offering to practice without registration. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. If any person shall refuse to obey any subpoena so issued, or shall refuse to testify or produce any books, papers, or documents, the board may present its complaint for civil enforcement in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 307. Section 73-13-37, Mississippi Code of 1972, is amended as follows:

73-13-37. (1) The board, upon satisfactory proof and in accordance with the provisions of this chapter and the implementing regulations of the board pertaining thereto, is authorized to take the disciplinary actions provided for hereinafter against any person for any of the following reasons:

(a) Violating any of the provisions of Sections 73-13-1 through 73-13-45 or the implementing bylaws, rules, regulations, or standards of ethics or conduct duly adopted and promulgated by the board pertaining to the practice of engineering;

(b) Fraud, deceit or misrepresentation in obtaining a certificate of registration;

(c) Gross negligence, malpractice or incompetency;

(d) Any professional misconduct, as defined by the board through bylaws, rules and regulations, and standards of conduct and ethics;

(e) Practicing or offering to practice engineering on an expired certificate or while under suspension or revocation of certificate unless said suspension or revocation be abated through probation, as provided for hereinafter.

(2) Any person may prefer charges against any other person for committing any of the acts set forth in subsection (1). Such charges shall be sworn to, either upon actual knowledge or upon information and belief, and shall be filed with the board. In the event any person certified under Sections 73-13-1 through 73-13-45 is expelled from membership in any Mississippi professional engineering society or association, the board shall thereafter cite said person to appear at an adjudicative proceeding before the board and to show cause why disciplinary action should not be taken against him.

The board shall investigate all charges filed with it and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, may, in its discretion, commence an adjudicative proceeding thereon in accordance with the Mississippi Administrative Procedure Law of 1999 regarding the charges and may compel the accused by subpoena to appear before the board to respond to said charges.

No disciplinary action taken hereunder may be taken until the accused has been furnished both a statement of the charges against him and notice of his opportunity for an adjudicative proceeding thereon in accordance with the Mississippi Administrative Procedure Law of 1999.

(3) If a majority of the board finds the accused guilty of the charges filed, the board may: (a) issue a public or private reprimand; (b) require the guilty party to complete a course, approved by the board, in ethics; (c) suspend or revoke the certificate of the accused, if the accused is a registrant; or (d) in lieu of or in addition to such reprimand, course completion, suspension or revocation, assess and levy upon the guilty party a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for each violation.

(4) A monetary penalty assessed and levied under this section shall be paid to the board upon the expiration of the period allowed for appeal of such penalties under this section, or may be paid sooner if the guilty party elects. Money collected by the board under this section shall be deposited to the credit of the board's special fund in the State Treasury.

When payment of a monetary penalty assessed and levied by the board in accordance with this section is not paid when due, the board shall have the power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county and judicial district of residence of the guilty party and if the guilty party be a nonresident of the State of Mississippi, such proceedings shall be in the Chancery Court of the First Judicial District of Hinds County, Mississippi.

(5) When the board has taken a disciplinary action under this section, the board may, in its discretion, stay such action and place the guilty party on probation for a period not to exceed one (1) year upon the condition that the guilty party shall not further violate either the laws of the State of Mississippi pertaining to the practice of engineering or the bylaws, rules and regulations, or standards of conduct and ethics promulgated by the board.

(6) The board, in its discretion, may assess and tax any part or all of the costs of any disciplinary proceedings conducted under this section against either the accused, the charging party, or both, as it may elect.

(7) The power and authority of the board to assess and levy the monetary penalties provided for in this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in this section.

(8) The board, for sufficient cause, may reissue a revoked certificate of registration whenever a majority of the board members vote to do so.

(9) Any person aggrieved by an action of the board denying or revoking his certificate of registration or re-registration as a professional engineer or his certificate of enrollment as an engineer intern, or who is aggrieved by the action of the board as a result of disciplinary proceedings conducted under this section may seek judicial review as provided in the Mississippi Administrative Procedure Law of 1999. * * *

All proceedings for judicial review perfected hereunder shall act as a supersedeas * * *.

(10) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the certificate of registration of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a certificate for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a certificate suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a certificate suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a certificate when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a suspension of a certificate that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 308. Section 73-13-89, Mississippi Code of 1972, is amended as follows:

73-13-89. The powers and duties of the board regarding disciplinary actions against any person accused of violating any of the laws of the State of Mississippi regarding the practice of land surveying or the rules, regulations, bylaws, or standards of conduct and ethics pertaining thereto as duly promulgated by the board, * * * shall be the same as those set forth in Section 73-13-37 regarding actions against persons charged with similar violations related to the practice of engineering. Disciplinary actions shall be adjudicative proceedings in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 309. Section 73-13-93, Mississippi Code of 1972, is amended as follows:

73-13-93. Any person who may feel aggrieved by an action of the board denying or revoking his certificate of registration or re-registration as a professional land surveyor or enrollment as land surveyor intern shall have a right to judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

Actions taken by the board in suspending a certificate of registration when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a suspension of a certificate that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

SECTION 310. Section 73-14-37, Mississippi Code of 1972, is amended as follows:

73-14-37. (1) Any person, whose license is sought to be revoked under the provisions of this chapter, shall be given thirty (30) days' notice, in writing, enumerating the charges and specifying a date for public hearing thereon. The hearing shall be held in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 311. Section 73-14-39, Mississippi Code of 1972, is amended as follows:

73-14-39. * * * From any revocation following an adjudicative proceeding, the person whose license has been ordered revoked shall have a right of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 312. Section 73-19-41, Mississippi Code of 1972, is amended as follows:

73-19-41. * * * The board shall * * * cause a written notice specifying the offense or offenses for which the licensee is charged and shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 313. Section 73-24-13, Mississippi Code of 1972, is amended as follows:

73-24-13. (1) The board shall administer, coordinate and enforce the provisions of this chapter, evaluate the qualifications, and approve the examinations for licensure under this chapter, and may issue subpoenas, examine witnesses and administer oaths, and may investigate allegations of practices violating the provisions of this chapter.

(2) The board shall adopt such rules and regulations, not inconsistent with the laws of this state, as may be necessary to effectuate the provisions of this chapter, the practice of occupational therapy in this state, and may amend or repeal the same as may be necessary for such purposes, with the advice of the council. Such rules and regulations shall be adopted in accordance with the provisions of the Mississippi Administrative Procedure Law of 1999.

(3) The board shall conduct hearings and keep such records and minutes as are necessary to carry out its functions including adjudicative proceedings in accordance with the Mississippi Administrative Procedure Law of 1999. It shall provide reasonable public notice to the appropriate persons as to the time and place of all hearings authorized under this chapter in such a manner and at such times as it may determine by the board's rules and regulations.

(4) The conferral or enumeration of specific powers elsewhere in this chapter shall be construed as a limitation of the general functions by this section.

SECTION 314. Section 73-25-27, Mississippi Code of 1972, is amended as follows:

73-25-27. The Mississippi State Board of Medical Licensure after notice and opportunity * * * to the licentiate for an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999, is authorized to suspend or revoke for any cause named herein any license it has issued, or the renewal thereof, that authorizes any person to practice medicine, osteopathy, or any other method of preventing, diagnosing, relieving, caring for, or treating, or curing disease, injury or other bodily condition. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

Such notice shall be effected by registered mail or personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days or more than sixty (60) days from the date of such mailing or such service, at which time the licentiate shall be given an opportunity for a prompt and fair hearing. For the purpose of such hearing the board, acting by and through its executive office, may subpoena persons and papers on its own behalf and on behalf of licentiate, including records obtained pursuant to Section 73-25-28, may administer oaths and such testimony when properly transcribed, together with such papers and exhibits, shall be admissible in evidence for or against the licentiate. At such hearing licentiate may appear by counsel and personally in his own behalf. Any person sworn and examined as a witness in such hearing shall not be held to answer criminally, nor shall any papers or documents produced by such witness be competent evidence in any criminal proceedings against such witness other than for perjury in delivering his evidence. On the basis of any such hearing, or upon default of the licentiate, the Board of Medical Licensure shall make a determination specifying its findings of fact and conclusions of law.

A copy of such determination shall be sent by registered mail or served personally upon the licentiate. The decision of the Board of Medical Licensure revoking or suspending the license shall become final thirty (30) days after so mailed or served unless within said period the licentiate appeals the decision to the chancery court, pursuant to the provisions hereof, and the proceedings in chancery shall be conducted as other matters coming before the court. All proceedings and evidence, together with exhibits, presented at such hearing before the Board of Medical Licensure in the event of appeal shall be admissible in evidence in said court.

The Board of Medical Licensure may subpoena persons and papers on its own behalf and on behalf of the respondent, including records obtained pursuant to Section 73-25-28, may administer oaths, and may compel the testimony of witnesses. It may issue commissions to take testimony, and testimony so taken and sworn to shall be admissible in evidence for and against the respondent. The Board of Medical Licensure shall be entitled to the assistance of the chancery court or the chancellor in vacation, which, on petition by the board, shall issue ancillary subpoenas and petitions and may punish as for contempt of court in the event of noncompliance therewith.

Unless the court otherwise decrees, a license that has been suspended by the Board of Medical Licensure for a stated period of time shall automatically become valid on the expiration of that period and a license that has been suspended for an indefinite period shall become again valid if and when the Board of Medical Licensure so orders, which it may do on its own motion or on the petition of the respondent. A license that has been revoked shall not be restored to validity except: (1) after a rehearing by the Board of Medical Licensure, on petition of the respondent, for good cause shown, filed within ten (10) days, immediately following the service on him of the order or judgment of the Board of Medical Licensure revoking his license or (2) by order of the court, on petition as aforesaid. Any licentiate whose license becomes again valid after a period of suspension or after it has been restored to validity after a rehearing or by an order of the court, shall record it again in the office of the clerk of the circuit court of the county in which he resides in conformity with the requirements of Section 73-25-13. Nothing in this chapter shall be construed as limiting or revoking the authority of any court or of any licensing or registering officer or board, other than the State Board of Medical Licensure, to suspend, revoke and reinstate licenses and to cancel registrations under the provisions of Section 41-29-311.

SECTION 315. Section 73-25-63, Mississippi Code of 1972, is amended as follows:

73-25-63. (1) The board may proceed against a physician under Sections 73-25-51 through 73-25-67 by serving upon such physician at least fifteen (15) days' notice of a time and place fixed for a hearing, together with copies of the examining committee's report and diagnosis. Such notice and reports shall be served upon the physician either personally or by registered or certified mail with return receipt requested. The hearing shall be an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

(2) At the conclusion of the hearing, the board shall make a determination of the merits and may issue an order imposing one or more of the following:

(a) Make a recommendation that the physician submit to the care, counseling or treatment by physicians acceptable to the board.

(b) Suspend or restrict the license of the physician to practice medicine for the duration of his impairment.

(c) Revoke the license of the physician to practice medicine.

(3) The board may temporarily suspend the license of any physician without a hearing, simultaneously with the institution of proceedings for a hearing under this section, if it finds that the evidence in support of the examining committee's determination is clear, competent and unequivocal and that his continuation in practice would constitute an imminent danger to public health and safety.

(4) Neither the record of the proceedings nor any order entered against a physician may be used against him in any other legal proceedings except upon judicial review as provided herein.

SECTION 316. Section 73-25-65, Mississippi Code of 1972, is amended as follows:

73-25-65. (1) A physician whose licensure has been restricted, suspended or revoked under Sections 73-25-51 through 73-25-67, voluntarily or by action of the board, shall have a right, at reasonable intervals, to petition for reinstatement of his license and to demonstrate that he can resume the competent practice of medicine with reasonable skill and safety to patients. Such petition shall be made in writing and on a form prescribed by the board. Action of the board on such petition shall be initiated by referral to and examination by the examining committee pursuant to the provisions of Sections 73-25-55 and 73-25-57. The board may, upon written recommendation of the examining committee, restore the licensure of the physician on a general or limited basis or institute a proceeding pursuant to Section 73-25-63 for the determination of the fitness of the physician to resume his practice.

(2) All orders of the board entered under Section 73-25-63(3)(4) shall be subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 317. Section 73-25-95, Mississippi Code of 1972, is amended as follows:

73-25-95. Any person against whom disciplinary action is taken pursuant to Sections 73-25-81 through 73-25-95 shall have the right of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. Provided, further, that no such person shall be allowed to practice medicine or deliver health care services in violation of any disciplinary order or action of the board while any such judicial review is pending.

SECTION 318. Section 73-29-39, Mississippi Code of 1972, is amended as follows:

73-29-39. Any person dissatisfied with the action of the board in refusing his application or suspending or revoking his license, or any other action of the board, shall have a right to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

SECTION 319. Section 73-30-7, Mississippi Code of 1972, is amended as follows:

73-30-7. (1) The members of the board shall take an oath to perform faithfully the duties of their office. The oath shall be administered by a person qualified by law to administer oaths. Upon taking the oath as board members, the initial members shall be deemed licensed counselors for all purposes under this chapter. Within thirty (30) days after taking the oath of office, the first board appointed under this chapter shall meet for an organizational meeting on call by the Governor. At such meeting and at an organizational meeting in January every odd-numbered year thereafter, the board shall elect from its members a chairman, vice-chairman and secretary-treasurer to serve for terms of two (2) years.

(2) The board shall adopt rules and regulations in compliance with the Mississippi Administrative Procedure Law of 1999, using the standards of the American Association for Counseling and Development as a guide, not inconsistent with this chapter, for the conduct of its business and the carrying out of its duties.

(3) After a person has applied for licensure, no member of the board may supervise such applicant for a fee, nor shall any member vote on any applicant previously supervised by that member.

(4) The board shall hold at least two (2) regular meetings each year, and additional meetings may be held upon the call of the chairman of the board or at the written request of any four (4) members of the board.

(5) The board-approved examination for licensure shall be administered at least once a year. Examinations may be written, oral, situational, or any combination thereof, and shall deal with theoretical and applied fields in counseling. In written examinations, the examinee's name shall not be disclosed to any person grading the examination until that grading is complete.

(6) The board shall be empowered to make reasonable rules and regulations regarding its operation and to receive and disburse revenues derived from application, licensing, examination and renewal fees. All monies received by the board shall be deposited in a special account in the State Treasury to be designated "Board of Examiners for Licensed Professional Counselors Account." This account shall fund all activities of the board.

(7) The members of the board are hereby individually exempt from any civil liability as a result of any action taken by the board.

SECTION 320. Section 73-30-11, Mississippi Code of 1972, is amended as follows:

73-30-11. Following a decision by the board not to license, the applicant may request a hearing at the next regularly scheduled meeting of the board. Upon such request the board shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. Upon a final decision by the board not to license, the applicant may (after waiting a period of at least one (1) year) resubmit the application accompanied by new evidence and a nonrefundable application fee of One Hundred Dollars ($100.00) for reconsideration for licensure.

The applicant may seek judicial review of the decision of the board in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 321. Section 73-33-5, Mississippi Code of 1972, is amended as follows:

73-33-5. The Mississippi State Board of Public Accountancy is hereby authorized with the following powers and duties:

(a) To adopt a seal;

(b) To govern its proceedings;

(c) To set the fees and to regulate the time, manner and place of conducting examinations to be held under this chapter. Beginning February 1, 1995, a total of one hundred fifty (150) collegiate-level semester hours of education including a baccalaureate degree or its equivalent at a college or university acceptable to the board shall be required in order to sit for the examination by candidates who have not previously sat for the examination. The total education program shall include an accounting concentration or the equivalent as determined by the board to be appropriate by rules and regulations. The examination shall cover a knowledge of the "theory of accounts," "accounting practice," "auditing," "business law as affecting accountancy," and such other branches of knowledge pertaining to accountancy as the board may deem proper;

(d) To initiate investigations of certified public accountant practices;

(e) To notify applicants who have failed an examination within one hundred twenty (120) days of such failure and in what branch or branches deficiency was found;

(f) To adopt and enforce such rules and regulations concerning certified public accountant examinee and licensee qualifications and practices as the board considers necessary to maintain the highest standard of proficiency in the profession of certified public accounting and for the protection of the public interest. The standards of practice by certified public accountants shall include generally accepted auditing and accounting standards as promulgated by the Mississippi State Board of Public Accountancy;

(g) To issue certificates under the signature and the official seal of the board as provided in this chapter;

(h) To issue licenses to practice public accounting to any certified public accountant who has obtained a certificate or reciprocal certificate issued by the board pursuant to such rules and regulations as may be promulgated by the board;

(i) To employ personnel;

(j) To contract for services and rent; and

(k) To adopt and enforce all such rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999 as shall be necessary for the administration of this chapter; provided, however, no adoption or modification of any rules or regulations of the board shall become effective unless any final action of the board approving such adoption or modification shall occur at a time and place which is open to the public and for which notice by mail of such time and place and the rules and/or regulations proposed to be adopted or modified has been given at least thirty (30) days prior thereto to every person who is licensed and registered with the board.

Each application or filing made under this section shall include the Social Security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

SECTION 322. Section 73-33-11, Mississippi Code of 1972, is amended as follows:

73-33-11. The Mississippi State Board of Public Accountancy may revoke any certificate or license issued by virtue of any provision of this chapter and/or may cancel the registration of any certificate or license registered by virtue of any provision of this chapter for any unprofessional conduct of the holder of such certificate or license, or for other sufficient cause, provided written notice shall have been sent to the holder of any certificate or license, twenty (20) days before any hearing thereon, stating the cause for such contemplated action and appointing a day and a place for a full hearing thereon by said board, provided, further, no certificate or license be cancelled or revoked until a hearing shall have been given to the holder thereof according to law. But, after such hearing, said board may, in its discretion, suspend such a certified public accountant from practice as a certified public accountant in this state not exceeding twelve (12) months.

The members of said board are hereby empowered to sit as a trial board; to administer oaths (or affirmations); to summon any witness and to compel his attendance and/or his testimony, under oath (or affirmation) before such board; to compel the production before it, of any book, paper or document by the owner or custodian thereof; and/or to compel any officer to produce, at such hearing a copy of any public record (not privileged from public inspection by law) in his official custody, certified to, by him. Such board shall elect one of its members to serve as clerk, to issue summons and other processes, and to certify copies of its records; and another, to serve as president of the board.

Its minutes shall be recorded in book form. Testimony of witnesses shall be taken by a stenographic reporter, and may be enforced in the same manner and with like powers as would be in a justice court. Its records, when not in session, shall be filed with the Secretary of State.

The accused certified public accountant may appear in person and/or by counsel to defend himself. But if he does not appear or answer, judgment may be entered by default, provided if he does not appear he shall have been notified twenty (20) days before such hearing, by summons issued by the clerk and served by the sheriff, or by publication by the clerk in a newspaper, under the same circumstances, for the same time and in the same manner, as in cases in the chancery court.

Three (3) or more persons, qualified to practice as certified public accountants, may prefer charges against any person, practicing as a certified public accountant, for misconduct and/or unprofessional conduct, by filing a sworn bill of complaint with any member of said board with bond for double the cost. Thereupon, said board shall proceed with its hearing of such charges. In case of a decision adverse to the charges, the cost shall be borne by those who made the charges.

In case of a decision adverse to the certified public accountant, he shall have thirty (30) days from the day on which decision is made, within which to appeal to the circuit court of the county in which the misconduct and/or unprofessional conduct was alleged to have been committed, and the cancellation, revocation or suspension of his certificate or license shall not take effect until the expiration of said thirty (30) days.

In case of an appeal, the trial in the circuit court shall be de novo; the Mississippi State Board of Public Accountancy and those preferring the charges shall be made parties to the suit, bond for costs in the circuit court shall be given as in other cases; and such suspension, revocation or cancellation shall not take effect until such appeal shall have been finally disposed of by the court or courts.

The board may, at any time, reinstate the certificate or license, if satisfied that such reinstatement is justified.

In addition to the reasons specified in the first paragraph of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 323. Section 73-34-29, Mississippi Code of 1972, is amended as follows:

73-34-29. The board may, upon conducting an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999, deny the issuance of a license to an applicant on any of the grounds provided in this chapter.

SECTION 324. Section 73-34-43, Mississippi Code of 1972, is amended as follows:

73-34-43. If, at the conclusion of the adjudicative proceeding, the board determines that a licensed appraiser or licensed certified real estate appraiser is guilty of a violation of any of the provisions of this chapter, it shall prepare a formal decision that shall contain findings of fact concerning the appropriate disciplinary action to be taken.

The decision and order of the board shall be final. Any applicant or licensee or person aggrieved by a decision or order of the board shall have the right of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

SECTION 325. Section 73-35-18, Mississippi Code of 1972, is amended as follows:

73-35-18. (1) Each individual applicant for renewal of a license issued by the Mississippi Real Estate Commission shall, on or before the expiration date of his license, or at a time directed by the commission, submit proof of completion of not less than eight (8) clock hours of approved course work to the commission, in addition to any other requirements for renewal. The eight (8) clock hours' course work requirement shall apply to each two-year license renewal, and hours in excess thereof shall not be cumulated or credited for the purposes of subsequent license renewals. The commission shall develop standards for approval of courses and shall require certification of such course work of the applicant. At least two (2) of the required eight (8) hours shall be on the subject of license law.

(2) This section shall apply to renewals of licenses which expire on and after July 1, 1994; however, an applicant for first renewal who has been licensed for not more than one (1) year shall not be required to comply with this section for the first renewal of the applicant's license. The provisions of this section shall not apply to persons who have held a broker's license in this state for at least twenty-five (25) years and who are older than seventy (70) years of age. Inactive licensees are not required to meet the real estate continuing education requirements specified in this section; however, such inactive licensees, before activating their license to active status, must cumulatively meet requirements missed during the period their license was inactive.

(3) The commission shall promulgate rules and regulations as necessary to accomplish the purposes of this section in accordance with the Mississippi Administrative Procedure Law of 1999.

(4) Any person who has been licensed as a real estate broker and allowed his license to expire for a period of less than five (5) years shall be eligible for reinstatement upon completion of the education requirements and payment of all penalties and reinstatement fees as prescribed by the commission. This subsection (4) of this section shall stand repealed from and after December 31, 1994.

SECTION 326. Section 73-43-14, Mississippi Code of 1972, is amended as follows:

73-43-14. The State Board of Medical Licensure may appoint an executive committee, to be composed of three (3) of its members, with a chairman to be designated by the board from the members appointed to said committee. The executive committee shall have authority to execute all the powers vested in the board, in the interim of the meetings of the board. The executive committee shall have the authority to conduct licensure hearings as adjudicative proceedings in accordance with the Mississippi Administrative Procedure Law of 1999, provided that the power to revoke shall be subject to approval of the board. Any person aggrieved by a decision of the executive committee regarding licensure may appeal to the board. Any person aggrieved by an action of the board regarding licensure has a right to judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999. Any action of the executive committee shall be legal and binding until modified or annulled by the board, and all pains and penalties prescribed for violating the rules of the board shall apply to any violation of rules and regulations that may be prescribed by the executive committee. Any two (2) members of the executive committee shall be a quorum for the transaction of business.

All official meetings of the executive committee, as to time and place, shall be held pursuant to a call of the president of the board.

Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

SECTION 327. Section 73-59-13, Mississippi Code of 1972, is amended as follows:

73-59-13. (1) The board, upon satisfactory proof and in accordance with the provisions of this chapter and the regulations of the board pertaining thereto, is authorized to take the disciplinary actions provided for in this section against any person for any of the following reasons:

(a) Violating any of the provisions of this chapter or the rules or regulations of the board pertaining to the work of residential building or residential improvement;

(b) Fraud, deceit or misrepresentation in obtaining a license;

(c) Gross negligence or misconduct;

(d) Engaging in work of residential building or residential improvement on an expired license or while under suspension or revocation of license unless the suspension or revocation be abated in accordance with this chapter;

(e) Loaning a license to an unlicensed person;

(f) Failing to maintain workers' compensation insurance, if applicable; or

(g) Failing to pay for goods or services for which the builder is contractually bound.

(2) Any person, including members of the board, may prefer charges against any other person for committing any of the acts set forth in subsection (1) of this section. Such charges shall be sworn to, either upon actual knowledge or upon information and belief, and shall be filed with the board.

The board shall investigate all charges filed with it and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, may, in its discretion, conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 regarding the charges * * *.

No disciplinary action may be taken until the accused has been furnished both a statement of the charges against him and notice of his opportunity for a proceeding thereon.

(3) If a majority of the board finds the accused guilty of the charges filed, the board may:

(a) Issue a public or private reprimand;

(b) Suspend or revoke the license of the accused; or

(c) In lieu of or in addition to any reprimand, suspension or revocation, assess and levy upon the guilty party a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for each violation.

(4) A monetary penalty assessed and levied under this section shall be paid to the board upon the expiration of the period allowed for appeal of such penalties under this section or may be paid sooner if the guilty party elects. Money collected by the board under this section shall be deposited to the credit of the State Board of Contractors' Fund.

When payment of a monetary penalty assessed and levied by the board in accordance with this section is not paid when due, the board shall have the power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county of residence of the delinquent party; however, if the delinquent party is a nonresident of the State of Mississippi, such proceedings shall be in the Chancery Court of the First Judicial District of Hinds County, Mississippi.

(5) When the board has taken a disciplinary action under this section, the board may, in its discretion, stay such action and place the guilty party on probation for a period not to exceed one (1) year upon the condition that such party shall not further violate either the laws of the State of Mississippi pertaining to the practice of residential construction or residential remodeling or the bylaws, rules or regulations promulgated by the board.

(6) The board shall not assess any of the costs of disciplinary proceedings conducted pursuant to this section against the prevailing party.

(7) The power and authority of the board to assess and levy the monetary penalties provided for in this section shall not be affected or diminished by any other proceedings, civil or criminal, concerning the same violation or violations except as provided in this section.

(8) The board, for sufficient cause, may reissue a revoked license whenever a majority of the board members vote to do so.

(9) Any person aggrieved by any order or decision of the board has a right to judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999. * * * If the judgment be reversed, the * * * court * * * shall render such order or judgment as the board ought to have rendered, and certify the same to the board; and costs shall be awarded as in other cases. The board may employ counsel to defend such proceedings for judicial review, to be paid out of the funds in the State Board of Contractors' Fund.

The remedies provided under this chapter for any aggrieved applicant shall not be exclusive, but shall be cumulative of and supplemental to any other remedies which he may otherwise have in law or in equity, whether by injunction or otherwise.

(10) Any political subdivision or agency of this state which receives a complaint against a residential builder or remodeler shall, in addition to exercising whatever authority such political subdivision or agency has been given over such complaint, forward the complaint to the board.

(11) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 328. Section 73-63-17, Mississippi Code of 1972, is amended as follows:

73-63-17. The board shall have the following powers and duties:

(a) To adopt, modify, repeal and promulgate, after due notice and hearing and in accordance with the Mississippi Administrative Procedure Law of 1999, and where not otherwise prohibited by federal or state law to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing the powers and duties of the board under this chapter, including rules governing the conduct of its business and meetings;

(b) To adopt an official seal and alter that seal at the pleasure of the board;

(c) To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;

(d) To enter into, and to authorize the executive director to execute contracts, grants and cooperative agreements with any federal or state agency, any public or private institution, or any other person to carry out this chapter. The board shall not provide any funds for special interest groups to lobby or otherwise promote the group's special interests;

(e) To employ, in its discretion, an executive director and other qualified technical, professional and clerical personnel, including investigators and expert witnesses, as may be required for the operation of the board;

(f) To establish, charge, collect and revise reasonable and necessary fees to applicants and registrants to support the administration and enforcement of this chapter;

(g) To identify specialties and to establish qualifications, conduct examinations and issue certificates in those specialties to qualified applicants and to recognize and authorize the use of certain geologic designations;

(h) To prepare, administer and grade oral and written examinations authorized under this chapter;

(i) To issue, reissue, renew, suspend, revoke or deny the issuance, reissuance or renewal of certificates of registration or certificates of enrollment;

(j) To authorize the preparation and conduct of continuing education programs with voluntary participation;

(k) To establish standards of professional conduct;

(l) To investigate complaints of violations of this chapter, any rule, regulation or written order of the board, any condition of registration, or standard of professional conduct by registrants or nonregistrants, as provided in this chapter and to impose sanctions and penalties for violations, including, but not limited to, restrictions on the practice of any registrant or any other person engaged in the practice of geology;

(m) Conduct adjudicative proceedings in accordance with the Mississippi Administrative Procedure Law of 1999;

(n) To administer oaths and affirmations, and to issue subpoenas to compel the attendance of witnesses and the production of evidence;

(o) To begin and maintain legal actions to enforce this chapter and to seek injunctions;

(p) To delegate powers, duties or responsibilities to the executive director as deemed necessary to efficiently administer this chapter; and

(q) To discharge other powers, duties and responsibilities provided under this chapter or as necessary to implement this chapter.

SECTION 329. Section 73-63-49, Mississippi Code of 1972, is amended as follows:

73-63-49. Except as provided in Section 73-63-43(10), any person aggrieved by an action of the board revoking that person's certificate of registration or certificate of enrollment as a geologist-in-training or denying the renewal of registration as a professional geologist, or who is aggrieved by the action of the board as a result of an adjudicative proceeding, shall have a right to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 330. Section 75-35-15, Mississippi Code of 1972, is amended as follows:

75-35-15. (1) When any meat or meat food product has been inspected as hereinbefore provided and marked "Mississippi inspected and passed" or appropriate marking shall be placed or packed in any can, pot, tin, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this chapter is maintained, the person, firm, or corporation preparing said product shall cause a label to be attached to said can, pot, tin, canvas, or other receptacle or covering, under supervision of an inspector, which label shall state that the contents thereof have been "Mississippi inspected and passed" or appropriate marking under the provisions of this chapter, and no inspection and examination of meat or meat food products deposited or enclosed in cans, tins, pots, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this chapter is maintained shall be deemed to be complete until such meat or meat food products have been sealed or enclosed in said can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector.

(2) All carcasses, parts of carcasses, meat and meat food products inspected at any establishment under the authority of this chapter and found to be not adulterated, shall at the time they leave the establishment bear, in distinctly legible form, directly thereon or on their containers, as the commissioner may require, the information required under paragraph (k) of section 75-35-3 of this chapter.

(3) The commissioner, whenever he determines such action is necessary for the protection of the public, may prescribe: (1) the styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling of any products or animals subject to this article or Article 3 of this chapter; (2) definitions and standards of identity or composition for items subject to this article and standards of fill of container for such products not inconsistent with any such standards established under the Federal Food, Drug, and Cosmetic Act, or under the Federal Meat Inspection Act, and there shall be consultation between the commissioner and the secretary of agriculture of the United States prior to the issuance of such standards to avoid inconsistency between such standards and the federal standards.

(4) No item or product subject to this article shall be sold or offered for sale by any person, firm, or corporation, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the commissioner, are permitted.

(5) If the commissioner has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any item subject to this article is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling, or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person, firm, or corporation using or proposing to use the marking, labeling or container does not accept the determination of the commissioner, such person, firm, or corporation may request an adjudicative proceeding which shall be conducted in accordance with the Mississippi Administrative Procedure Law of 1999, but the use of the marking, labeling, or container shall, if the commissioner so directs, be withheld pending hearing and final determination by the commissioner. Any party aggrieved by such final determination may secure judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 331. Section 75-43-23, Mississippi Code of 1972, is amended as follows:

75-43-23. If, after proper application, the commissioner denies any person, partnership, association or corporation a license to operate a farm warehouse, the commissioner shall issue * * * an order so providing, which shall state the reasons for the denial. In the event the applicant is dissatisfied at the decision of the commissioner, the applicant may request an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 with the commissioner, to appear and defend its compliance with all appropriate regulations and/or give evidence that all deficiencies have been corrected. * * * In the event the applicant is dissatisfied at the decision of the commissioner after the adjudicative proceeding, the applicant may secure judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 332. Section 75-49-13, Mississippi Code of 1972, is amended as follows:

75-49-13. (1) The commissioner shall not:

(a) Deny an application for a license without first giving the applicant an adjudicative proceeding on the question of whether he is qualified under the provisions of this chapter to receive the license applied for.

(b) Revoke or suspend a license without first giving the licensee an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 on the question of whether there are sufficient grounds under the provisions of this chapter upon which to base such revocation or suspension.

(2) Any interested party shall have the right to have the commissioner conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 for the purpose of taking action in respect to any matter within the commissioner's jurisdiction * * *.

(3) The commissioner may on his own motion conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 for the purpose of taking action in respect to any matter within his jurisdiction.

(4) Any adjudicative proceeding held before the commissioner shall be conducted in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

(5) All decisions of the commissioner with respect to the hearings provided for in this section shall be incorporated into orders of the commissioner. All such orders shall be made available during normal office hours for inspection by interested persons.

(6) Any order of the commissioner shall be subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 333. Section 75-55-6, Mississippi Code of 1972, is amended as follows:

75-55-6. (1) Products regulated under terms of the Petroleum Products Inspection Law or regulations sold in this state shall have a name and/or brand name and such name shall be registered with the Mississippi Department of Agriculture and Commerce. The octane rating or antiknock index (R + M)/2 of applicable motor fuels, covered by the Federal Trade Commission Octane Posting and Certification Rule, shall be included in the registration. The name of the establishment, address, city, state, zip code, county and telephone number shall also be included in the registration. Registration forms shall be provided by the Mississippi Department of Agriculture and Commerce.

(2) The commissioner or his agent shall refuse the registration of any product under a name that is misleading to the purchaser of such a product.

The commissioner or his agent, in his discretion, may refuse to permit any name or brand of gasoline where a similar name or brand has already been permitted. The sale of any product under any brand name that is not registered with the department or does not meet the standards of the registration form shall not be permitted. Pumps shall be locked down until the product or products have been duly registered or brought up to specifications.

(3) Every pump dispensing motor fuel at retail shall conspicuously display the name and/or brand name being sold therefrom exactly as such name and/or brand name that is registered with the department. Each pump shall conspicuously display the octane number of the product. The octane number designation shall be changed whenever the product is changed. Each diesel pump dispensing those products at retail shall display the words "No. 1 Diesel" or "No. 2 Diesel." Each kerosene pump or fuel oil pump dispensing those products at retail shall display the words "No. 1-K Kerosene" or "No. 2-K Kerosene" or indicate the proper grade of fuel oil depending on the product dispensed.

(4) The labeling of all petroleum products on pumps shall be on both sides of the dispensing device which faces the vehicle and shall be in a clear and conspicuous place in type of at least one-half (1/2) inch in height, and one-sixteenth (1/16) inch stroke (width of type).

(5) Any application for registration that is denied may be appealed to the commissioner within thirty (30) days from the date of denial of such application.

(6) Any person who registered a brand name for a motor fuel and fails or discontinues to sell or deliver a registered product shall notify the commissioner within sixty (60) days after date of registration or date of last invoice or delivery ticket. Failure to notify the commissioner shall automatically terminate and cancel the registration of the brand name and the quality specification.

The commissioner is further authorized and empowered following the terms of the Mississippi Administrative Procedure Law of 1999 to make such reasonable rules and regulations, particularly in emergency situations, which, in his judgment, will contribute to a more efficient administration of this article. Such rules and regulations, when made, shall have the same binding force and effect as if incorporated in this article; provided further, that such rules and regulations made during the said emergency periods shall be withdrawn following cessation of any such emergencies.

The commissioner is hereby authorized to prohibit the sale of any taxable petroleum product which is not in compliance with the provisions of this chapter.

SECTION 334. Section 75-57-9, Mississippi Code of 1972, is amended as follows:

75-57-9. The codes of the American Society of Mechanical Engineers - Boiler and Pressure Vessel Code - Section II Material Specifications; Section VIII Pressure Vessels; and Section IX Welding and Brazing Qualifications; American Petroleum Institute Standard 620 (American Petroleum Institute Recommended Rules for the Design and Construction of Large Welded Low-pressure Storage Tanks); Standards of the National Fuel Gas Code as published by the National Fire Protection Association, NFPA-54; the Standards for the Storage and Handling of Liquefied Petroleum Gas as published by the National Fire Protection Association, NFPA-58; and other National Fire Protection Association standards applicable to liquefied petroleum gas and compressed gas; and the safety requirements for the storage and handling of anhydrous ammonia as published by the American National Standards Institute, Inc.; as the codes and standards referred to herein exist on April 5, 1982, and standards referred to above are hereby adopted by reference as specifications for the purpose of material standards, construction, handling, transportation and installation of all liquefied compressed gas systems and inspection and operation of pressure vessels. Copies of all codes and standards referred to in the foregoing are available for public use and inspection at the office of the Commissioner of Insurance. The State Liquefied Compressed Gas Board is fully authorized and empowered in the exercise of its authority granted under this section to change, delete from or amend from time to time the national code and standards adopted by reference in this section. Any changes, deletions or amendments made to the national codes and codes adopted by reference in this section shall be made in strict compliance with the Mississippi Administrative Procedure Law of 1999, * * * and with the approval of the Commissioner of Insurance. The State Liquefied Compressed Gas Board is fully authorized and empowered in the exercise of the authority granted under this section to exempt or grant deviations from the national code and standards adopted by reference in this section with respect to reconditioned or remanufactured railroad tank car pressure vessels designed for and used as stationary storage tanks for agricultural fertilizers.

SECTION 335. Section 75-57-105, Mississippi Code of 1972, is amended as follows:

75-57-105. (1) The board shall promulgate and enforce regulations setting forth the minimum general safety standards for the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck or tank trailer and utilizing liquefied compressed gas for fuel purposes and for the odorization of liquefied compressed gas.

(2) The board's regulations shall be in substantial conformity with the published Standards of the National Fire Protection Association for the Storage and Handling of Liquefied Petroleum Gases (NFPA 58) and with the National Fuel Gas Code (NFPA 54) as recommended by the National Fire Protection Association, adopted in accordance with the Mississippi Administrative Procedure Law of 1999. The board shall consider the adoption of revised versions of these standards as they are adopted by the National Fire Protection Association; the board may consider the adoption of other standards for matters not addressed by the above standards or amend the above standards if deemed to be in the best interest of the State of Mississippi and with the approval of the Commissioner of Insurance.

(3) The board is authorized to hold hearings, call witnesses, administer oaths, take testimony and obtain evidence in the conduct of its business.

SECTION 336. Section 75-57-109, Mississippi Code of 1972, is amended as follows:

75-57-109. (1) The board may establish by regulation a system of permits for those engaged in the liquefied compressed gas business in the state. If adopted, and approved by the Commissioner of Insurance, no one may engage in the liquefied compressed gas business without first having obtained a permit from the board. No person shall be denied a permit if he or she meets the requirements of state law.

(2) The board may revoke a liquefied compressed gas permit for willful violation of this chapter or the regulations or for failure to comply with the chapter or regulations. The revocation may be made only after written notice to the affected party, an opportunity to respond in writing to the charges and a hearing before the board under the provisions of the Mississippi Administrative Procedure Law of 1999. The revocation shall be subject to the approval of the Commissioner of Insurance.

(3) The board may establish reasonable bonding, insurance limits and personnel training qualifications for permit holders. These requirements are subject to approval of the Commissioner of Insurance.

SECTION 337. Section 75-57-117, Mississippi Code of 1972, is amended as follows:

75-57-117. * * * Any individual aggrieved by a final decision of the board shall be entitled to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 338. Section 75-59-5, Mississippi Code of 1972, is amended as follows:

75-59-5. (a) For a violation of a contract with a student, for soliciting or enrolling students through fraud or misrepresentation, or for noncompliance with this chapter or the reasonable rules and regulations promulgated by the Secretary of State pursuant to this chapter, the Secretary of State shall revoke the permit issued under this chapter after * * * notice and an adjudicative proceeding conducted in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

(b) Any person aggrieved by a decision of the Secretary of State shall have a right to a judicial review of the decision in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

No person, firm or corporation failing to comply with the provisions of this chapter shall have access to any of the courts of this state for the purpose of enforcing any claim or demand against any resident of this state arising out of any contract entered into in violation of the provisions of this chapter.

SECTION 339. Section 75-60-4, Mississippi Code of 1972, is amended as follows:

75-60-4. (1) The State Board for Community and Junior Colleges shall appoint a "Commission on Proprietary School and College Registration" to be composed of five (5) qualified members, one (1) appointed from each of the five (5) Mississippi congressional districts existing on January 1, 1992. The membership of said commission shall be composed of persons who have held a teaching, managerial or other similar position with any public, private, trade, technical or other school; provided, however, that one (1) member of the commission shall be actively engaged in teaching, managerial or other similar position with a privately owned trade, technical or other school. The membership of said commission shall be appointed by the board within ninety (90) days of the passage of this chapter. In making the first appointments, two (2) members shall be appointed for three (3) years, two (2) members for four (4) years, and one (1) member for five (5) years. Thereafter, all members shall be appointed for a term of five (5) years. If one (1) of the members appointed by the board resigns or is otherwise unable to serve, a new member shall be appointed by the commission to fill the unexpired term. All five (5) members of the commission have full voting rights. The members shall not be paid for their services, but may be compensated for the expenses necessarily incurred in the attendance at meetings or in performing other services for the commission at a rate prescribed under Section 25-3-69, Mississippi Code of 1972, plus actual expenses and mileage as provided by Section 25-3-41, Mississippi Code of 1972. Members of the commission shall annually elect a chairman from among its members.

(2) The State Board for Community and Junior Colleges shall appoint such staff as may be required for the performance of the commission's duties and provide necessary facilities.

(3) It shall be the purpose of the Commission on Proprietary School and College Registration to establish and implement the registration program as provided in this chapter. All controversies involving the registration of such schools shall be initially heard by a duly authorized hearing officer of the commission at an adjudicative proceeding conducted in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 340. Section 75-60-19, Mississippi Code of 1972, is amended as follows:

75-60-19. (1) The Commission on Proprietary School and College Registration may suspend, revoke or cancel a certificate of registration for any one (1) or any combination of the following causes:

(a) Violation of any provision of the sections of this chapter or any regulation made by the commission;

(b) The furnishing of false, misleading or incomplete information requested by the commission;

(c) The signing of an application or the holding of a certificate of registration by a person who has pleaded guilty or has been found guilty of a felony or has pleaded guilty or been found guilty of any other indictable offense;

(d) The signing of an application or the holding of a certificate of registration by a person who is addicted to the use of any narcotic drug, or who is found to be mentally incompetent;

(e) Violation of any commitment made in an application for a certificate of registration;

(f) Presentation to prospective students of misleading, false or fraudulent information relating to the course of instruction, employment opportunity, or opportunities for enrollment in accredited institutions of higher education after entering or completing courses offered by the holder of a certificate of registration;

(g) Failure to provide or maintain premises or equipment for offering courses of instruction in a safe and sanitary condition;

(h) Refusal by an agent to display his agent's certificate of registration upon demand of a prospective student or other interested person;

(i) Failure to maintain financial resources adequate for the satisfactory conduct of courses of study as presented in the plan of operation or to retain a sufficient number and qualified staff of instruction; however nothing in this chapter shall require an instructor to be certificated by the Commission on Proprietary School and College Registration or to hold any type of post-high school degree;

(j) Offering training or courses of instruction other than those presented in the application; however, schools may offer special courses adapted to the needs of individual students where the special courses are in the subject field specified in the application;

(k) Accepting the services of an agent not licensed in accordance with Sections 75-60-23 through 75-60-37, inclusive;

(l) Conviction or a plea of nolo contendere on the part of any owner, operator or director of a registered school of any felony under Mississippi law or the law of another jurisdiction;

(m) Continued employment of a teacher or instructor who has been convicted of or entered a plea of nolo contendere to any felony under Mississippi law or the law of another jurisdiction;

(n) Incompetence of any owner or operator to operate a school.

(2) (a) Any person who believes he has been aggrieved by a violation of this section shall have the right to file a written complaint within two (2) years of the alleged violation. The commission shall maintain a written record of each complaint that is made. The commission shall also send to the complainant a form acknowledging the complaint and requesting further information if necessary and shall advise the director of the school that a complaint has been made and, where appropriate, the nature of the complaint.

(b) The commission shall within twenty (20) days of receipt of such written complaint commence an investigation of the alleged violation and shall, within ninety (90) days of the receipt of such written complaint, issue a written finding. The commission shall furnish such findings to the person who filed the complaint and to the chief operating officer of the school cited in the complaint. If the commission finds that there has been a violation of this section, the commission shall take appropriate action.

(c) The commission may initiate an investigation without a complaint.

(3) Hearing procedures. * * * Upon a finding that there is good cause to believe that a school, or an officer, agent, employee, partner or teacher, has committed a violation of subsection (1) of this section, the commission shall initiate adjudicative proceedings in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

(4) * * * The commission, in accordance with the Mississippi Administrative Procedure Law of 1999, shall issue a final order and shall impose penalties as may be appropriate and authorized by law. * * *

(5) Civil penalties and administrative sanctions.

(a) A hearing officer may recommend, and the commission may impose, a civil penalty not to exceed Two Thousand Five Hundred Dollars ($2,500.00) for any violation of this section. In the case of a second or further violation committed within the previous five (5) years, the liability shall be a civil penalty not to exceed Five Thousand Dollars ($5,000.00) for each such violation.

(b) Notwithstanding the provisions of paragraph (a) of this subsection, a hearing officer may recommend and the commission may impose a civil penalty not to exceed Twenty-five Thousand Dollars ($25,000.00) for any of the following violations: (i) operation of a school without a registration in violation of this chapter; (ii) operation of a school knowing that the school's registration has been suspended or revoked; (iii) use of false, misleading, deceptive or fraudulent advertising; (iv) employment of recruiters on the basis of a commission, bonus or quota, except as authorized by the commission; (v) directing or authorizing recruiters to offer guarantees of jobs upon completion of a course; (vi) failure to make a tuition refund when such failure is part of a pattern of misconduct; or (vii) violation of any other provision of this chapter, or any rule or regulation promulgated pursuant thereto, when such violation constitutes part of a pattern of misconduct which significantly impairs the educational quality of the program or programs being offered by the school. For each enumerated offense, a second or further violation committed within the previous five (5) years shall be subject to a civil penalty not to exceed Fifty Thousand Dollars ($50,000.00) for each such violation.

(c) In addition to the penalties authorized in paragraphs (a) and (b) of this subsection, a hearing officer may recommend and the commission may impose any of the following administrative sanctions: (i) a cease and desist order; (ii) a mandatory direction; (iii) a suspension or revocation of a certificate of registration; (iv) a probation order; or (v) an order of restitution.

(d) The commission may suspend a registration upon the failure of a school to pay any fee, fine or penalty as required by this chapter unless such failure is determined by the commission to be for good cause.

(e) All civil penalties, fines and settlements received shall accrue to the credit of the State General Fund.

(6) Any penalty or administrative sanction imposed by the commission under this section shall be subject to judicial review as provided in the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 341. Section 75-67-129, Mississippi Code of 1972, is amended as follows:

75-67-129. The commissioner shall have the power and authority to adopt, promulgate and issue such rules and regulations, not inconsistent with the provisions of this article or some other statute, as he shall deem necessary for the purpose of the administration of this article. A copy of every rule and regulation promulgated by the commissioner shall be filed in accordance with the Mississippi Administrative Procedure Law of 1999 * * *.

SECTION 342. Section 75-67-243, Mississippi Code of 1972, is amended as follows:

75-67-243. The commissioner shall have the power and authority to adopt, promulgate and issue such rules and regulations, not inconsistent with this article, or any other statute of the State of Mississippi, as he shall deem necessary for the purpose of the administration of this article. A copy of every rule and regulation promulgated by the commissioner shall be filed in accordance with the Mississippi Administrative Procedure Law of 1999 * * *.

SECTION 343. Section 75-67-325, Mississippi Code of 1972, is amended as follows:

75-67-325. (1) The commissioner may, after notice and an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999, suspend or revoke any license if it finds that:

(a) The licensee, either knowingly, or without the exercise of due care to prevent the same, has violated any provision of this article;

(b) Any fact or condition exists which, if it had existed or had been known to exist at the time of the original application for such license, clearly would have justified the commissioner in refusing such license;

(c) The licensee has aided, abetted or conspired with an individual or person to circumvent or violate the requirement of the article;

(d) The licensee, or a legal or beneficial owner of the license, has been convicted of a crime that the commissioner finds directly relates to the duties and responsibilities of the occupation of pawnbroker.

(2) The commissioner may conditionally license or place on probation a person whose license has been suspended or may reprimand a licensee for a violation of this article.

(3) The manner of giving notice and conducting an adjudicative proceeding as required by subsection (1) of this section shall be performed in accordance with the Mississippi Administrative Procedure Law of 1999 * * *.

(4) Any licensee may surrender any license by delivering it to the commissioner with written notice of its surrender, but such surrender shall not affect the licensee's civil or criminal liability for acts committed prior thereto.

(5) No revocation, suspension or surrender of any license shall impair or affect the obligation of any pre-existing lawful contract between the licensee and any pledgor. Any pawn transaction made without benefit of license is void.

(6) The commissioner may reinstate suspended licenses or issue new licenses to a person whose license or licenses have been revoked if no fact or condition then exists which clearly would have justified the commissioner in refusing originally to issue a license under this article.

(7) The appropriate local law enforcement agency shall be notified of any licensee who has his license suspended or revoked as provided by this article.

(8) The Commissioner of Banking shall enforce the provisions of this section.

SECTION 344. Section 75-67-423, Mississippi Code of 1972, is amended as follows:

75-67-423. (1) The commissioner may, after notice and an adjudicative proceeding, suspend or revoke any license if it finds that:

(a) The licensee, either knowingly, or without the exercise of due care to prevent the same, has violated any provision of this article;

(b) Any fact or condition exists which, if it had existed or had been known to exist at the time of the original application for the license, clearly would have justified the commissioner in refusing the license;

(c) The licensee has aided, abetted or conspired with an individual or person to circumvent or violate the requirements of this article;

(d) The licensee, or a legal or beneficial owner of the license, has been convicted of a crime that the commissioner finds directly relates to the duties and responsibilities of the occupation of title pledge lender.

(2) The commissioner may conditionally license or place on probation a person whose license has been suspended or may reprimand a licensee for a violation of this article.

(3) The manner of giving notice and conducting an adjudicative proceeding as required by subsection (1) of this section shall be performed in accordance with the Mississippi Administrative Procedure Law of 1999 * * *.

(4) Any licensee may surrender any license by delivering it to the commissioner with written notice of its surrender, but such surrender shall not affect the licensee's civil or criminal liability for acts committed prior thereto.

(5) No revocation, suspension or surrender of any license shall impair or affect the obligation of any pre-existing lawful contract between the licensee and any pledgor. Any title pledge transaction made without benefit of license is void.

(6) The commissioner may reinstate suspended licenses or issue new licenses to a person whose license or licenses have been revoked if no fact or condition then exists that clearly would have justified the commissioner in refusing originally to issue a license under this article.

(7) The appropriate local law enforcement agency shall be notified of any licensee who has his license suspended or revoked as provided by this article.

(8) The Commissioner of Banking and Consumer Finance shall enforce the provisions of this section.

SECTION 345. Section 75-76-83, Mississippi Code of 1972, is amended as follows:

75-76-83. Any person aggrieved by the final order of the State Tax Commission regarding any action taken by the Chairman of the State Tax Commission and/or the State Tax Commission under the provisions of this chapter, including any person charged with any tax, fee, interest, penalties and damages imposed by this chapter and required to pay same, has a right to judicial review of such order in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 346. Section 75-76-121, Mississippi Code of 1972, is amended as follows:

75-76-121. * * * Any person aggrieved by a final decision or order of the commission has a right to judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 347. Section 75-76-127, Mississippi Code of 1972, is amended as follows:

75-76-127.

 * * * The judicial review * * * afforded under the Mississippi Administrative Procedure Law of 1999 is the exclusive method of review of the commission's actions, decisions and orders in disciplinary hearings. Judicial review is not available for actions, decisions and orders of the commission relating to the denial of a license or to limited or conditional licenses. Extraordinary common law writs or equitable proceedings are available except where statutory judicial review is made exclusive or is precluded or where the use of those writs or proceedings is precluded by specific statute.

SECTION 348. Section 75-76-167, Mississippi Code of 1972, is amended as follows:

75-76-167. * * * Any person aggrieved by a final decision or order of the commission made after hearing by the commission pursuant to Sections 75-76-159 through 75-76-165, inclusive, may obtain a judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 349. Section 75-76-173, Mississippi Code of 1972, is amended as follows:

75-76-173.

(1) The judicial review * * * afforded by the Mississippi Administrative Procedure Law of 1999 is the exclusive method of review of the commission's actions, decisions and orders in hearings held pursuant to Sections 75-76-159 through 75-76-165, inclusive.

(2) The party requesting judicial review shall bear all of the costs of transcribing and of transmitting the record on review.

SECTION 350. Section 75-79-21, Mississippi Code of 1972, is amended as follows:

75-79-21. (1) The commissioner may deny an application for a license, or revoke or suspend a license after it has been granted, for any of the following reasons:

(a) Any material misstatement in the application for a license.

(b) Defrauding any pulpwood cutter-hauler in the measurement of pulpwood to the cutter-hauler's damage.

(c) Failure to maintain accurate weighing and measuring devices used in the measurement of pulpwood.

(d) Requiring a pulpwood cutter-hauler to deliver or transfer any quantity of pulpwood to the facility operator's control as a condition of the purchase or receipt thereof before the facility operator has notified the cutter-hauler of the total number of cords or the volume for which payment will be made. This does not include out-of-specification wood culled when discovered during unloading.

(e) Willful failure to apply standards established by law or by the commissioner in the measurement of pulpwood.

(f) Discriminating against a pulpwood cutter-hauler because the cutter-hauler has filed a complaint, given testimony or otherwise sought relief under this chapter.

(g) Any violation of the rules and regulations of the Mississippi Department of Agriculture and Commerce or violation of any other of the laws governing pulpwood scaling and practices.

(2) If a pulpwood receiving facility operator is convicted of any crime involving fraud under the provisions of this chapter, the commissioner, may, in his discretion, suspend, cancel or revoke the license of such operator.

(3) All proceedings for the suspension, cancellation or revocation of licenses shall be conducted in accordance with the Mississippi Administrative Procedure Law of 1999. * * * Whenever the commissioner suspends, cancels or revokes a license, he shall prepare an order so providing which shall state the reason or reasons for such suspension, cancellation or revocation. * * * The licensee, if dissatisfied with the order of the commissioner, has a right to judicial review of the order in accordance with the Mississippi Administrative Procedure Law of 1999. At the time of the filing of the notice of judicial review, the appellant shall give a bond for costs conditioned upon his prosecution of the judicial review without delay and payment of all costs assessed against him. * * *

(4) In case a license issued to a pulpwood receiving facility operator expires or is suspended, cancelled or revoked by the commissioner or his designated representative, such license shall be immediately returned to the commissioner.

SECTION 351. Section 77-1-39, Mississippi Code of 1972, is amended as follows:

77-1-39. In all cases where the testimony of witnesses is given orally before the commission any interested party or the commission shall have the right to have said testimony taken down and transcribed by a stenographer or court reporter, who is not an employee of the commission, to be agreed upon by the parties or appointed by the commission. The stenographer or court reporter so employed shall be duly sworn and his or her certificate that the transcript of such evidence is correct together with the official certificate of any one (1) of the commissioners that he has read the same and that it is in his opinion correct shall entitle such transcript or a certified copy thereof to be received in evidence on any appeal or in any court in this state subject only to any objection that the same is not relevant or material. The stenographer or court reporter shall be paid in accordance with the provisions of Section 9-13-33. In the alternative, the proceedings may also be recorded and preserved in accordance with the Mississippi Administrative Procedure Law of 1999. The commission shall have the right to require any party demanding an official stenographer to guarantee or prepay the costs thereof in all proper cases.

SECTION 352. Section 77-3-45, Mississippi Code of 1972, is amended as follows:

77-3-45. The commission shall prescribe, issue, amend and rescind such reasonable rules and regulations as may be reasonably necessary or appropriate to carry out the provisions of this chapter. No rule or regulation shall be effective until thirty (30) days after a notice setting forth either the terms or substance thereof or a description of the subjects and issues involved and the time and place of a hearing thereon shall have been published in a newspaper of general circulation in the state. The commission shall file the notice with the Secretary of State pursuant to the Mississippi Administrative Procedure Law of 1999 and mail a copy of it to all affected public utilities. The commission shall mail a copy of the proposed rule or regulation to any public utility that requests a copy. The hearing may be held at any time twenty (20) days after date of publication of the notice, but the rules or regulations shall not become effective until a hearing thereon. A proceeding to contest any rule or regulation due to noncompliance with the procedural requirements of this section must be commenced within one (1) year from the effective date of the rule or regulation. All rules and regulations of the commission shall be filed with its executive secretary and shall be readily available for public inspection and examination during reasonable business hours. Any interested person shall have the right to petition the commission for issuance, amendment or repeal of a rule or regulation.

The commission shall, in the exercise of its power to promulgate rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999, adopt standard practices and procedures:

(a) To specify what costs may be used for determining a public utility's rate base, which balance the interests of consumers and investors;

(b) To prescribe the time period for measuring a public utility's rate base;

(c) To specify allowable operating expenses, provided, however, that the commission shall exclude from a public utility's allowable operating expenses any interest such utility paid, or credited, to its consumers in connection with refunds in a rate proceeding in which its rates were finally determined to be excessive;

(d) To determine accurately the capital costs of a public utility;

(e) To define specific costs which may be included by a public utility in its monthly fuel adjustment clause retail billings;

(f) To define specific costs which may be included by a public utility distributing gas in its monthly purchased gas adjustments retail billings;

(g) To prescribe minimal uniform standards of service for various classes of public utilities; and

(h) To provide for any other rules and regulations deemed by the commission to be appropriate for carrying out the provisions of this chapter.

SECTION 353. Section 77-3-47, Mississippi Code of 1972, is amended as follows:

77-3-47. The commission may, in addition to the hearings specifically provided for by this chapter, conduct such other hearings as may be deemed necessary in the administration of the powers and duties conferred upon it by this title, including adjudicative proceedings in accordance with the Mississippi Administrative Procedure Law of 1999.

The commission shall fix the time and place of hearings and shall serve notice thereof, not less than twenty (20) days before the time set for such hearings, unless the commission shall find that public convenience or necessity requires that such hearings be held at an earlier date. The commission may dismiss any complaint without a hearing if in its opinion a hearing is not necessary in the public interest or for the protection of substantial rights. Notice of all such hearings shall be given the persons interested therein by mailing such notice to each public utility which may be affected by any order resulting therefrom and by publication in a newspaper of general circulation published in Jackson, Mississippi, and, in a proceeding for a facility certificate or an area certificate, by publication in a newspaper of general circulation in the county or counties where the facility or area is located. In addition to any other notice requirements prescribed in this section, notice of a hearing regarding a major change in rates and schedules, as defined in Section 77-3-37(8), by a public utility of the type defined in Section 77-3-3(d)(iv) shall be published in a newspaper having general circulation in an area where service is being provided by the public utility.

At the time fixed for any hearing before the commission, or the time to which the same may have been continued, the complainant and the person complained of shall be entitled in person or by attorney to be heard and to introduce evidence in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 354. Section 77-3-57, Mississippi Code of 1972, is amended as follows:

77-3-57. Service in all hearings, investigations and proceedings pending before the commission shall be made personally in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 355. Section 77-7-15, Mississippi Code of 1972, is amended as follows:

77-7-15. The commission shall prescribe, issue, amend and rescind such reasonable rules and regulations as may be reasonably necessary or appropriate to carry out the provisions of this chapter. No rule or regulation shall be effective until thirty (30) days after copies of the proposed rule or regulation have been mailed to intrastate motor carriers affected thereby and until a notice, setting forth the terms or substance thereof and the time and place of a hearing thereon, has been published in a newspaper or newspapers of general circulation in the state and filed with the Secretary of State pursuant to the Mississippi Administrative Procedure Law of 1999. Such hearing may be held at any time after twenty (20) days following the date of publication of such notice, but such rules or regulations shall not become effective until a hearing thereon. The commission may make its initial set of rules and regulations effective at the end of such thirty-day period, subject to review thereof. All rules and regulations of the commission shall be filed with its secretary and shall be readily available for public inspection and examination during reasonable business hours. Any interested person shall have the right to petition the commission for issuance, amendment or repeal of a rule or regulation.

SECTION 356. Section 77-7-295, Mississippi Code of 1972, is amended as follows:

77-7-295. In addition to other remedies now available, the state, or any party aggrieved by any final finding, order or judgment of the commission, shall have the right, regardless of the amount involved, of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 357. Section 79-11-389, Mississippi Code of 1972, is amended as follows:

79-11-389. * * * A foreign corporation may secure judicial review of the Secretary of State's revocation of its certificate of authority in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 358. Section 79-11-504, Mississippi Code of 1972, is amended as follows:

79-11-504. The Secretary of State shall have the authority to:

(a) Promulgate rules of procedure and regulations necessary for the administration of Sections 79-11-501 through 79-11-529, Mississippi Code of 1972, subject to the provisions of the Mississippi Administrative Procedure Law of 1999.

(b) Honor written requests from interested person for interpretative opinions regarding registration and exemptions from registration.

(c) Publish and disseminate information to the public concerning persons subject to Sections 79-11-501 through 79-11-529, Mississippi Code of 1972.

(d) Perform any other functions and duties which may be necessary to carry out the provisions of Sections 79-11-501 through 79-11-529, Mississippi Code of 1972.

SECTION 359. Section 79-22-13, Mississippi Code of 1972, is amended as follows:

79-22-13. Failure by an aquaculturist to provide any information required by the department to verify that cultured aquatic products are produced under controlled aquacultural conditions and are not harvested from native wild stock shall result in nonrenewal, suspension or cancellation of the permit. The department is authorized, subject to the requirements set forth in the Mississippi Administrative Procedure Law of 1999, to promulgate reasonable rules and regulations to carry out the provisions of this chapter. Other state agencies, at the request of the department, shall assist in the promulgation of such regulations by providing technical expertise or such other assistance as, in the department's discretion, may be required.

SECTION 360. Section 79-22-27, Mississippi Code of 1972, is amended as follows:

79-22-27. The Commissioner of Agriculture and Commerce is authorized, in his discretion, to issue an order to stop the sale or distribution of any product found to be in violation of this chapter. Upon application of any person to whom such an order is issued, the commissioner shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. Any order to stop the sale of any product regulated under the provisions of this chapter may be judicially reviewed in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 361. Section 81-1-87, Mississippi Code of 1972, is amended as follows:

81-1-87. The commissioner or an examiner, in all cases where the testimony of witnesses is to be preserved, shall have the right to have the case taken down and transcribed by a stenographer, and the stenographer so employed shall be duly sworn. The stenographer's certificate that the transcript of such evidence is correct, together with the official certificate of the commissioner or examiner that he has read the same and that it is, in his opinion, correct, shall entitle such transcript, or a certified copy thereof, to be received in evidence as relevant, material and competent. Such stenographer shall be paid at the same rates as that then currently in effect for similar duties performed by the chancery court reporter for the county in which the testimony of the witnesses is to be taken and preserved. The stenographer shall be paid out of the department maintenance fund on voucher approved by the commissioner or examiner employing such stenographer, accompanied with an itemized statement of services rendered. In the alternative, the proceedings may also be recorded and preserved in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 362. Section 81-3-13, Mississippi Code of 1972, is amended as follows:

81-3-13. (1) Before any bank may be organized and formed, the prospective incorporators shall give notice to the Commissioner of Banking and Consumer Finance of their desire to engage in banking and apply for a certificate of authority to incorporate, and shall at the time file with the commissioner a copy of the proposed articles of incorporation, duly sworn to by one (1) of the prospective incorporators. The commissioner shall promptly give consideration to the application and make an examination of the proposed articles of incorporation to determine if they meet all requirements of law. The commissioner shall then make an investigation of the number of parent banks, branch banks, branch offices and branch facilities, and location thereof then serving the area in which the proposed new bank is to be located, the ratio of capital funds to total deposits therein, the record of earnings and condition of existing banks and what effect, if any, a new unit bank would have on them, the number of previous bank failures in the area and their liquidation record and banking history generally in the area, the population of the area wherein the proposed bank will be located and relation to number of banks operating therein, reasonable prospects of growth of the area and its financial resources and whether the same are static, progressive or retrogressive, expectation of profitable operation of the proposed new bank, and the morals and business character of the prospective incorporators and such further investigation to determine whether the public necessity requires that the proposed new bank should be chartered and permitted to operate.

When the commissioner has completed the examination and made his investigation, he shall record his findings in writing and shall draw up his recommendations to the State Board of Banking Review, established in Section 81-3-12. At the request of the chairman, he shall thereupon, in writing, call a meeting of the board to give consideration to his findings and recommendations, such call to be issued at least ten (10) days in advance of the meeting. Such meetings shall be held within one hundred twenty (120) days from the date on which the prospective incorporators gave notice to the commissioner of their desire to engage in banking, applied for a certificate of authority to incorporate, and filed with the commissioner a copy of the proposed articles of incorporation. The commissioner shall at the same time give notice of the meeting of the board to the prospective incorporators of the proposed new bank and to any and all other interested persons and shall extend to them an invitation to be heard in writing or in person by the board.

The board * * * shall consider the findings and recommendations of the commissioner and shall hear such oral testimony as he may wish to give, and shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999 and shall hear from any and all other interested persons bearing upon the public necessity for the organization and operation of the new bank.

After considering the record submitted to it by the commissioner and his oral testimony and considering such other information and evidence, either written or oral, which has come before it, the board shall decide if it has before it sufficient information and evidence upon which it can dispose of the application to form the new bank. If it is determined that evidence and information is not sufficient, then the board shall order the commissioner to secure such additional information and evidence as it may prescribe or shall request from the prospective incorporators and from other interested persons. The board shall thereupon set a date for a future meeting to be held before the expiration of the aforementioned one hundred twenty (120) day time limit and shall give to the prospective incorporators and other interested persons notice of such meeting, and shall recess the meeting then being held until such future date. The board shall have and is hereby vested with the power to compel attendance of witnesses just as is the commissioner or examiner as provided for in Section 81-1-85, and all testimony given before said board shall be recorded and preserved in accordance with the Mississippi Administrative Procedure Law of 1999.

If the board, or a majority thereof, shall determine that it has before it sufficient evidence and information upon which to base a decision, then it shall render a written opinion and decision in the matter within sixty (60) days after the conclusion of the final board hearing. If its decision is favorable, then the board shall order the commissioner to give to such prospective incorporators a certificate under his hand and official seal of the Department of Banking and Consumer Finance authorizing the prospective incorporators to proceed to incorporate and organize as is provided in Section 81-3-7.

When a certificate of incorporation is sought in order to effect the acquisition of an insolvent bank sold pursuant to the provisions of Chapter 9, Title 81, Mississippi Code of 1972, any constraints of time imposed by this subsection shall not apply if the commissioner determines that an emergency exists which requires expedition of the procedure for granting a certificate in order to protect the interests of the public and the interests of depositors and creditors of the insolvent bank.

(2) Judicial review of unfavorable decision of State Board of Banking review. If the decision of the board, or a majority thereof, is unfavorable to the organization of the proposed new bank, it shall render a written opinion and decision giving its reason for rejection within sixty (60) days after the conclusion of the final board hearing in the matter, and the commissioner shall so advise the prospective incorporators, giving them a copy of the written decision and opinion of the board. If the prospective incorporators be aggrieved at the unfavorable decision of the board in denying a certificate authorizing them to proceed with the incorporation of the proposed new bank and the organization thereof, they shall have the right of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. * * * If the prospective incorporators of the proposed new bank shall prevail, a decree shall be entered requiring the issuance by the commissioner of the certificate authorizing applicants to incorporate and organize in the same manner as if the application therefor had been approved by the board, and the costs therein incurred shall be paid by the commissioner out of the maintenance fund of the Department of Banking and Consumer Finance. If, however, the action of the board is affirmed on judicial review, a decree shall be entered to that effect taxing costs of the proceedings to the applicants. * * * During the time the cause is pending in the office of the commissioner or before the board or on judicial review, the commissioner shall not issue a certificate to a subsequent applicant to incorporate and organize a new bank or authorize any bank then existing to establish a branch bank, or branch office within the area wherein the proposed new bank is to be domiciled, and neither shall he consent to the removal of the domicile of an existing bank from another place into the area where the proposed new bank will be domiciled. A cause shall not be considered as pending in the office of the commissioner or before the board if the prospective incorporators or their representative have only given notice to the commissioner of their desire to engage in banking and apply for a certificate of authority to incorporate, but have not filed with the commissioner a copy of the proposed articles of incorporation and other documents required by statute or administrative regulation.

If the decision of the board, or a majority thereof, is favorable to the organization of the proposed bank, it shall in like manner as above render a written opinion and decision within sixty (60) days after the conclusion of the final board hearing on the matter, and judicial review in accordance with the Mississippi Administrative Procedure Law of 1999 shall be available to any interested organizations, person or persons who have participated in the proceedings and feel aggrieved by the decision of the board.

(3) Certificate to begin business. When a bank has been incorporated and the capital stock thereof has been paid in full, the incorporators shall notify the commissioner of such fact, whereupon the commissioner himself or through an examiner shall make a special examination of the proposed new bank and, finding the capital stock to have been paid in full, he shall under his hand and seal of the Department of Banking and Consumer Finance issue to the bank a certificate authorizing it to commence business, and when such business has been commenced the bank shall notify the commissioner to that effect. Upon completion of such special examination, the bank shall pay to the Department of Banking and Consumer Finance as an assessment an amount sufficient to reimburse for the actual costs and expenses incurred during such special examination. The commissioner or examiner shall give a receipt therefor in duplicate, and the assessment shall be turned over by the Department of Banking and Consumer Finance to the State Treasurer for credit to the maintenance fund of the Department of Banking and Consumer Finance. The proposed new bank shall not transact any business except as is necessarily preliminary to its incorporation and organization until it has been authorized by the commissioner to begin business. However, in the event the board shall reject any application for a certificate of convenience and necessity, all costs incurred by this board in making a survey or holding a hearing on such application shall be borne by the petitioners.

(4) Expiration of certificate to incorporate and organize a bank. Notwithstanding the foregoing and any other provision of law to the contrary, if a bank has not been established and is not in operation within two (2) years from the date of the certificate to incorporate and organize such bank or within two (2) years from the date upon which any appellate litigation with respect to such certificate has been concluded, the certificate shall expire. Provided, however, the State Board of Banking Review may extend for good cause shown said two-year period a maximum number of two (2) times for periods not exceeding six (6) months each. This provision shall in no way affect certificates issued prior to the effective date of this section.

SECTION 363. Section 81-7-1, Mississippi Code of 1972, is amended as follows:

81-7-1. (1) Banks may establish branch banks under the restrictions prescribed in this chapter, but no branch bank may be established unless the parent bank shall have first obtained from the commissioner a certificate that the public convenience and necessity will be promoted by the establishment of such branch bank. Applications seeking permission for the establishment of branch banks shall be filed with the commissioner and shall be in such form and contain such information as the commissioner by regulation may require. A separate application shall be filed for each branch bank proposed to be established, and each application shall be accompanied by the fee required by statute, which shall be transferred by the commissioner into the maintenance fund of the Department of Banking and Consumer Finance.

(2) Upon receipt of such application, the commissioner shall immediately give written notice of the filing of said application to all banks having their domicile or a branch bank or branch office in the county in which the applicant bank maintains its principal office, together with all banks, branch banks or branch offices located in the county in which the proposed branch bank is to be located, and to such other banks and interested parties that, in the opinion of the commissioner, may have an interest in the application; and the commissioner shall also at the same time publish such notice once in a newspaper having a general circulation in the county in which the proposed branch bank is to be located. Any interested party may file a written protest to said application with the commissioner within thirty (30) days from the date of the mailing and publishing of said notice. Any protest shall specify the interest of the protestant in the application and state the grounds for the protest.

(3) If no protest is filed within the time prescribed, the commissioner shall investigate the facts and render a final decision within sixty (60) days after receipt of the application as to whether the public convenience and necessity requires the establishment of the proposed branch bank, said decision to be based upon the results of the commissioner's investigation, the contents of the application and any additional evidence which the commissioner may request the applicant to furnish. If his decision is favorable to the applicant, he shall immediately grant the applicant a certificate to establish and operate the branch bank. If the commissioner's decision shall be unfavorable to the applicant, he shall immediately furnish the applicant bank a copy of his final decision.

Appeals from an unfavorable final decision may be taken by the applicant bank to the State Board of Banking Review by filing a notice of appeal with the commissioner within ten (10) days after the commissioner has rendered his final decision. The commissioner shall inform the board of such appeal, and the board shall hold a hearing on the matter within sixty (60) days after such notice is filed and such hearing shall be conducted as an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999. * * * The board shall render a decision within sixty (60) days after the conclusion of the final hearing on the matter. If the board's decision is favorable to the applicant, the commissioner shall immediately grant to the applicant a certificate to establish and operate the branch bank. If the board's decision is unfavorable to the applicant, the commissioner shall immediately furnish the applicant a copy of the board's final decision.

The applicant bank has a right of judicial review of an unfavorable board decision in accordance with the Mississippi Administrative Procedure Law of 1999. Judicial review may be sought by an applicant bank from the State Board of Banking Review * * * shall be taken in accordance with the Mississippi Administrative Procedure Law of 1999.

(4) If a protest to an application to establish a branch bank is received by the commissioner within the prescribed time, he shall investigate the facts and submit said application, the results of his investigation, and his recommendations as to the disposition of said application to the State Board of Banking Review within sixty (60) days after receipt of the application. The board shall hold a hearing on the matter within one hundred twenty (120) days after the application is received and render a final decision thereon within sixty (60) days after the conclusion of the final board hearing. * * * The board shall conduct an adjudication in accordance with the Mississippi Administrative Procedure Law of 1999.

Judicial review of any final decision of the State Board of Banking Review acting upon a contested application may be taken in accordance with the Mississippi Administrative Procedure Law of 1999. * * * Appeals from the State Board of Banking Review * * * shall be taken in accordance with the Mississippi Administrative Procedure Law of 1999.

(5) Notwithstanding the foregoing and any other provision of law to the contrary, if a branch bank has not been established and is not in operation within two (2) years from the date of the certificate approving such branch bank or within two (2) years from the date upon which any appellate litigation with respect to such certificate has been concluded, the certificate shall expire. Provided, however, the State Board of Banking Review may extend for good cause shown said two-year period a maximum number of two (2) times for periods not exceeding six (6) months each. This provision shall in no way affect certificates issued prior to March 21, 1980.

(6) Notwithstanding the foregoing and any other provision of law to the contrary, the commissioner may grant by regulation eligible banks, as defined in Section 81-3-1, certain preferences with respect to new branch activity which may include but are not limited to an expedited approval process.

SECTION 364. Section 81-12-205, Mississippi Code of 1972, is amended as follows:

81-12-205. Any interested person aggrieved by any final rule, regulation or order of the commissioner or the board, shall have the right, regardless of the amount involved to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 365. Section 81-14-175, Mississippi Code of 1972, is amended as follows:

81-14-175. Unless otherwise provided in this chapter, any interested person aggrieved by any rule, regulation or order of the commissioner and/or the board, as applicable, shall have the right, regardless of the amount involved, to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 366. Section 81-19-17, Mississippi Code of 1972, is amended as follows:

81-19-17. (1) Each licensee shall be subject to the supervision of the commissioner.

(2) The commissioner is authorized to make and enforce such reasonable regulations as are necessary and proper for the administration, enforcement and interpretation of the provisions of this chapter. In adopting such regulations, the commissioner shall follow the procedures set forth in the Mississippi Administrative Procedure Law of 1999 * * *.

(3) In order to discover violations of this chapter and to identify persons subject to the provisions of this chapter, the commissioner is authorized to examine licensees, including all books, records, accounts and papers employed by such licensees in the transaction of their business, to summon witnesses and examine them under oath concerning matters relating to the business of such persons, and to investigate such other matters as may be relevant in the opinion of the commissioner. For this purpose and for the general purposes of administration of this chapter, the commissioner may employ such deputies and assistants as may be necessary, and such deputies and assistants, in the discretion of the commissioner, may be vested with the same authority conferred upon the commissioner by this chapter.

(4) For the purpose of defraying a portion of the examination and administrative expenses incurred by the commissioner, each licensee shall pay at the time of examination the actual expenses of the examination, not to exceed Two Hundred Dollars ($200.00) per day for the time actually devoted to examining the business of the licensee. However, for any examination other than one conducted because of suspected blatant violation of this chapter, the amount charged to any single licensee in any one (1) year shall not exceed Two Thousand Dollars ($2,000.00).

(5) Upon request, the licensee may have an adjudicative proceeding on the matter in accordance with the Mississippi Administrative Procedure Law of 1999. After such proceeding, the commissioner may impose and collect an administrative fine against any person found to have charged or collected a service charge or advance fee from a borrower before a loan is actually found, obtained and closed for such borrower. Such fine shall not exceed Five Thousand Dollars ($5,000.00) for each violation.

(6) Whenever the commissioner has reasonable cause to believe that any person is violating any of the provisions of this chapter, in addition to all other remedies provided herein, the commissioner may, by, through and on the relation of the Attorney General, district attorney or county attorney, apply to a court of competent jurisdiction for an injunction, both temporary and permanent, to restrain such person from engaging in or continuing such violation of the provisions of this chapter or from doing any act or acts in furtherance thereof.

SECTION 367. Section 81-21-3, Mississippi Code of 1972, is amended as follows:

81-21-3. (1) No person shall engage in the business of a premium finance company in this state without first having obtained a license as a premium finance company from the commissioner.

(2) The annual license fee shall be Three Hundred Dollars ($300.00) payable as of the first day of July of each year to the commissioner for deposit into the special fund in the State Treasury designated as the "Consumer Finance Fund." The commissioner may employ persons as necessary to administer this chapter and to examine or investigate and make reports on violations of this chapter.

(3) For the purpose of defraying the inspection and examination expenses and any other expenses incurred by the commissioner in the administration of this chapter, each licensee shall pay to the commissioner, at the time of examination, the sum of Two Hundred Dollars ($200.00) per diem for each day of examination, and, in addition, shall pay the actual expenses of such examination. Such fees shall be payable in addition to other fees and taxes now required by law and shall be expendable receipts for the use of the commissioner in defraying the cost of the administration of this chapter.

All fees, license tax and penalties provided for in this chapter which are payable to the commissioner shall, when collected by him or his designated representative, be deposited in the special fund in the State Treasury known as the "Consumer Finance Fund" and shall be expended by the commissioner solely and exclusively for the purpose of administering and enforcing the provisions of this chapter.

(4) Application for licensing shall be made on forms prepared by the commissioner and shall contain the following information:

(a) Name, business address and telephone number of the premium finance company;

(b) Name and business address of corporate officers and directors or principals or partners; and

(c) A sworn statement by an appropriate officer, principal or partner of the premium finance company that:

(i) The premium finance company is financially capable to engage in the business of insurance premium financing;

(ii) If a corporation, that the corporation is authorized to transact business in this state; and

(iii) If any material change occurs in the information contained in the registration form, a revised statement shall be submitted to the commissioner.

(5) The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this chapter. All such rules and regulations shall be promulgated in accordance with the provisions of the Mississippi Administrative Procedure Law of 1999.

SECTION 368. Section 81-21-5, Mississippi Code of 1972, is amended as follows:

81-21-5. (1) Upon the filing of an application and the payment of the license fee, the commissioner shall make an investigation of each applicant and shall issue a license if the application is qualified in accordance with this chapter. If the commissioner does not so find, he or she, at the request of the applicant, shall give the application a full hearing in an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

(2) The commissioner shall issue or renew a license when he or she is satisfied that the person to be licensed:

(a) Is competent and trustworthy and intends to act in good faith;

(b) Has a good business reputation and has had the experience or training or possesses the abilities so as to be qualified to act as a premium finance company;

(c) If a corporation, is incorporated under the laws of this state or, if a foreign corporation, is authorized to transact business in this state.

SECTION 369. Section 81-21-7, Mississippi Code of 1972, is amended as follows:

81-21-7. (1) The commissioner may revoke or suspend the license of any premium finance company when after investigation the commissioner finds that:

(a) The license was obtained by material misrepresentation or fraud;

(b) The holder of the license has shown himself untrustworthy or incompetent to act as a premium finance company; or

(c) The licensee has violated any of the provisions of this chapter.

(2) Before the commissioner shall revoke, suspend or refuse to renew the license of any premium finance company, the person aggrieved shall be entitled to a hearing in an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 370. Section 83-5-39, Mississippi Code of 1972, is amended as follows:

83-5-39. * * * Whenever the commissioner shall have reason to believe that any such person has been engaged or is engaging in this state in any unfair method of competition or any unfair or deceptive act or practice defined in Section 83-5-35, and that a proceeding by him in respect thereto would be to the interest of the public, he shall issue and serve upon such person a statement of the charges in that respect and shall conduct an adjudicative proceeding thereon in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 371. Section 83-5-41, Mississippi Code of 1972, is amended as follows:

83-5-41. * * * If, after such adjudicative proceeding, the commissioner shall determine that the method of competition or the act or practice in question is defined in Section 83-5-35, and that the person complained of has engaged in such method of competition, act or practice in violation of Sections 83-5-29 through 83-5-51, he shall * * * issue, in accordance with the Mississippi Administrative Procedure Law of 1999, an order requiring such person to cease and desist from engaging in such method of competition, act or practice. In addition to, or in lieu of, the cease and desist order, the commissioner may, after such a hearing in accordance with the Mississippi Administrative Procedure Law of 1999. impose an administrative fine not to exceed Five Thousand Dollars ($5,000.00) per violation, which shall be deposited into the special fund in the State Treasury designated as the "Insurance Department Fund."

SECTION 372. Section 83-5-43, Mississippi Code of 1972, is amended as follows:

83-5-43. (1) Any person required by an order of the commissioner under Section 83-5-41 to cease and desist from engaging in any unfair method of competition or any unfair or deceptive act or practice defined in Section 83-5-35 has a right to judicial review of such order in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

(2) No order of the commissioner under Sections 83-5-29 through 83-5-51 or order of a court to enforce the same shall in any way relieve or absolve any person affected by such order from any liability under any other laws of this state.

SECTION 373. Section 83-5-47, Mississippi Code of 1972, is amended as follows:

83-5-47. If the report of the commissioner does not charge a violation of Sections 83-5-29 to 83-5-51, then any intervenor in the proceedings may obtain judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 374. Section 83-5-209, Mississippi Code of 1972, is amended as follows:

83-5-209. (1) All examination reports shall be comprised of only facts appearing upon the books, records or other documents of the company, its agents or other persons examined, or as ascertained from the testimony of its officers or agents or other persons examined concerning its affairs and such conclusions and recommendations as the examiners find reasonably warranted from the facts.

(2) No later than sixty (60) days following completion of the examination, the examiner in charge shall file with the department a verified written report of examination under oath. Upon receipt of the verified report, the department shall transmit the report to the company examined, together with a notice which shall afford the company examined a reasonable opportunity of not more than thirty (30) days to make a written submission or rebuttal with respect to any matters contained in the examination report.

(3) Within thirty (30) days of the end of the period allowed for the receipt of written submissions or rebuttals, the commissioner shall fully consider and review the report, together with any written submissions or rebuttals and any relevant portions of examiner work papers and enter an order:

(a) Adopting the examination report as filed, or with modification or corrections. If the examination report reveals that the company is operating in violation of any law, regulation or prior order of the commissioner, the commissioner may order the company to take any action the commissioner considers necessary and appropriate to cure such violation; or

(b) Rejecting the examination report with directions to the examiners to reopen the examination for purposes of obtaining additional data, documentation or information and refiling in accordance with subsections (1) and (2) of this section; or

(c) Calling for an investigatory hearing with no less than twenty (20) days' notice to the company for purposes of obtaining additional documentation, data, information and testimony.

(4) All orders entered in accordance with subsection (3)(a) of this section shall be accompanied by findings and conclusions resulting from the commissioner's consideration and review of the examination report, relevant examiner work papers, and any written submissions or rebuttals. Any such order shall be considered a final administrative decision and subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999 and shall be served upon the company by certified mail, together with a copy of the adopted examination report. Within thirty (30) days of the issuance of the adopted report, the company shall file affidavits executed by each of its directors stating under oath that they have received a copy of the adopted report and related orders.

(5) Any hearing conducted under subsection (3)(c) of this section by the commissioner or authorized representative shall be conducted as a nonadversarial confidential investigatory proceeding as necessary for the resolution of any inconsistencies, discrepancies or disputed issues apparent upon the face of the filed examination report or raised by or as a result of the commissioner's review of relevant work papers or by the written submission or rebuttal of the company. Within twenty (20) days of the conclusion of any such hearing, the commissioner shall enter an order in accordance with subsection (3)(a) of this section.

(a) The commissioner shall not appoint an examiner as an authorized representative to conduct the hearing. The hearing shall proceed expeditiously with discovery by the company limited to examiner work papers which tend to substantiate any assertions set forth in any written submission or rebuttal. The commissioner or his representative may issue subpoenas for the attendance of any witnesses or the production of any documents deemed relevant to the investigation whether under the control of the department, the company or other persons. The documents produced shall be included in the record, and testimony taken by the commissioner or his representative shall be under oath and preserved for the record.

Nothing contained in this section shall require the department to disclose any information or records which would indicate or show the existence or content of any investigation or activity of a criminal justice agency.

(b) The hearing shall proceed with the commissioner or his representative posing questions to the persons subpoenaed. Thereafter, the company and the department may present testimony relevant to the investigation. Cross-examination shall be conducted only by the commissioner or his representative. The company and the department shall be permitted to make closing statements and may be represented by counsel of their choice.

(6) (a) Upon the adoption of the examination report under subsection (3)(a) of this section, the commissioner shall continue to hold the content of the examination report as private and confidential information for a period of ten (10) days except to the extent provided in subsection (2) of this section. Thereafter, the commissioner may open the report for public inspection so long as no court of competent jurisdiction has stayed its publication.

(b) Nothing contained in Sections 83-5-201 through 83-5-217 shall prevent or be construed as prohibiting the commissioner from disclosing the content of an examination report, preliminary examination report or results, or any matter relating thereto, to the insurance department of this or any other state or country, or to law enforcement officials of this or any other state or agency of the federal government at any time, so long as such agency or office receiving the report or matters relating thereto agrees in writing to hold it confidential and in a manner consistent with this act.

(c) If the commissioner determines that regulatory action is appropriate as a result of any examination, he may initiate any proceedings or actions as provided by law.

(7) All working papers, recorded information, documents and copies thereof produced by, obtained by or disclosed to the commissioner or any other person in the course of an examination made under Sections 83-5-201 through 83-5-217 may be held by the commissioner as a record not required to be made public under the Mississippi Public Records Act.

SECTION 375. Section 83-9-23, Mississippi Code of 1972, is amended as follows:

83-9-23. (1) Any insurance company authorized to do business of health insurance in this state may join with one or more other such insurance companies to offer to any resident of this state who is sixty-five (65) years of age or older, and to the spouse of such resident, insurance against major financial loss from accident or disease. Such insurance may be offered by such companies in their own names or in the name of a voluntary unincorporated association or other organization formed by such companies solely for the purpose of this section. The forms of applications, certificates, and policies of such insurance and the applicable premium rates shall be filed with the insurance commissioner, who may require additional pertinent information.

(2) A financial summary concerning any insurance written under the authority of this section shall be furnished annually to the Insurance Commissioner in such form as he may prescribe. If the Insurance Commissioner finds that any forms for such insurance are not in the public interest or that the premium rates charged are, by reasonable assumptions, excessive in relation to the benefits provided, he may disapprove such forms or premium rates after notice * * * and hearing in accordance with the Mississippi Administrative Procedure Law of 1999.

(3) Any person aggrieved by the decision of the commissioner under the provisions of this section may obtain judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 376. Section 83-11-21, Mississippi Code of 1972, is amended as follows:

83-11-21. The following procedure shall govern in taking and perfecting appeals from the decision of the commissioner: * * * Any person who is a party to any hearing before the commissioner, and who is aggrieved by any decision of the commissioner with respect to any hearing before him, shall have the right of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 377. Section 83-17-125, Mississippi Code of 1972, is amended as follows:

83-17-125. Any person aggrieved by an act of the commissioner under the provisions of this article, except the filing of a petition under the provisions of Section 83-17-123(3), shall have the right of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 378. Section 83-17-223, Mississippi Code of 1972, is amended as follows:

83-17-223. Any person aggrieved by any action or decision of the Commissioner of Insurance under the provisions of this article shall have the right of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 379. Section 83-17-423, Mississippi Code of 1972, is amended as follows:

83-17-423. Any person aggrieved by any action or decision of the Commissioner of Insurance under the provisions of this article shall have the right of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 380. Section 83-19-109, Mississippi Code of 1972, is amended as follows:

83-19-109. Any person becoming a party as hereinbefore provided and feeling aggrieved by the decision of the Commissioner of Insurance under the provisions of Sections 83-19-99 to 83-19-123 has a right to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. The person seeking judicial review shall give bond with surety or sureties in such penalty as shall be approved by the * * * court * * *, conditioned that such person will pay all costs of the judicial review in the event such review is unsuccessful. * * *

SECTION 381. Section 83-21-17, Mississippi Code of 1972, is amended as follows:

83-21-17. The Commissioner of Insurance shall annually promulgate a list of nonadmitted insurers and each such insurer shall meet the same requirements as to capital and surplus as is required of a company licensed to do business in the State of Mississippi and annually pay a filing fee of Five Hundred Dollars ($500.00) in order to be eligible for certification as a nonadmitted insurer. An alien insurer shall be listed with the nonadmitted Insurers Information Office of the National Association of Insurance Commissioners. In the case of an alien insurer authorized to transact insurance of the kind involved in at least one (1) state of the United States, the insurer must have unimpaired capital and/or surplus or an effective trust fund amounting to at least One Million Five Hundred Thousand Dollars ($1,500,000.00) and, in the case of a group including incorporated and individual unincorporated insurers, the trust fund must be in the amount of not less than Fifty Million Dollars ($50,000,000.00). The incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members. In the case of an alien insurer not authorized to transact business in at least one (1) state of the United States, the insurer must have an established trust fund of at least One Million Five Hundred Thousand Dollars ($1,500,000.00) within the United States administered by a recognized financial institution and held for the benefit of all its policyholders in the United States. The Commissioner of Insurance is specifically vested with authority to promulgate such rules and regulations in accordance with the Mississippi Administrative Procedure Law of 1999 as deemed necessary to carry out the provisions hereof and to publish a list of nonadmitted insurers found eligible for writing business in the State of Mississippi on a nonadmitted basis. The commissioner may, by giving seven (7) days' notice, at any time remove a nonadmitted insurer from such eligible list when it appears that such insurer no longer meets the requirements of the statute or regulations of the commissioner. When a nonadmitted insurer is placed upon or removed from the eligible list, all agents holding licenses under Sections 83-21-17 through 83-21-31 shall be notified of such eligibility or removal. Any agent of this state who places insurance with a nonadmitted insurer not on the list of eligible insurers shall be deemed in violation of the cited sections and shall be subject to revocation of license in the manner provided by statute for revocation of license of fire and casualty insurance agents.

SECTION 382. Section 83-34-19, Mississippi Code of 1972, is amended as follows:

83-34-19. Any person insured pursuant to this chapter, or his representative, or any affected insurer who may be aggrieved by an act, ruling or decision of the association may, within thirty (30) days after such ruling, appeal to the commissioner. Any hearings held by the commissioner pursuant to such an appeal shall be in accordance with adjudicative proceedings held in accordance with the Mississippi Administrative Procedure Law of 1999. * * * Any person or insured aggrieved by any order * * * of the commissioner is entitled to judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 383. Section 83-38-19, Mississippi Code of 1972, is amended as follows:

83-38-19. Any person insured pursuant to this chapter, or his representative, or any affected insurer who may be aggrieved by an act, ruling, or decision of the association, within thirty (30) days after such ruling, is entitled to appeal to the commissioner. A hearing before the commissioner upon such appeal shall be an adjudicative proceeding held in accordance with the Mississippi Administrative Procedure Law of 1999. The commissioner is authorized to appoint a member of the Insurance Department staff for the purpose of hearing such appeals, and a ruling based upon such hearing shall have the same effect as if heard by the commissioner. All persons or insureds aggrieved by any order or decision of the commissioner have the right to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 384. Section 83-39-19, Mississippi Code of 1972, is amended as follows:

83-39-19. Any person aggrieved by an act of the commissioner under the provisions of this chapter shall have the right of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

Actions taken by the commissioner or department in suspending a license, registration or permit when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a suspension of a license, registration or permit that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

SECTION 385. Section 83-41-339, Mississippi Code of 1972, is amended as follows:

83-41-339. (1) Any certificate of authority issued under this article may be suspended or revoked, and any application for a certificate of authority may be denied, if the commissioner after an adjudicative proceeding finds that any of the conditions listed below exist:

(a) The health maintenance organization is operating significantly in contravention of its basic organizational document or in a manner contrary to that described in any other information submitted under Section 83-41-305, unless amendments to the submissions have been filed with and approved by the commissioner;

(b) The health maintenance organization issues an evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of Sections 83-41-315 and 83-41-331;

(c) The health maintenance organization does not provide or arrange for basic health care services;

(d) The State Health Officer certifies to the commissioner that:

(i) The health maintenance organization does not meet the requirements of Section 83-41-307(1)(b); or

(ii) The health maintenance organization is unable to fulfill its obligations to furnish health care services;

(e) The health maintenance organization operating in a "hazardous condition", and is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

(f) The health maintenance organization has failed to correct, within the time prescribed by subsection (3), any deficiency occurring due to such health maintenance organization's prescribed minimum net worth being impaired;

(g) The health maintenance organization has failed to implement the grievance procedures required by Section 83-41-321 in a reasonable manner to resolve valid complaints;

(h) The health maintenance organization, or any person on its behalf, has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

(i) The continued operation of the health maintenance organization would be hazardous to its enrollees; or

(j) The health maintenance organization has otherwise failed substantially to comply with this article.

(2) In addition to or in lieu of suspension or revocation of a certificate of authority pursuant to this section, the applicant or health maintenance organization may be subjected to an administrative penalty of up to One Thousand Dollars ($1,000.00) for each violation.

(3) The following shall pertain when insufficient net worth is maintained:

(a) Whenever the commissioner finds that the net worth maintained by any health maintenance organization subject to the provisions of this article is less than the minimum net worth required to be maintained by Section 83-41-325, he shall give written notice to the health maintenance organization of the amount of the deficiency and require: (i) filing with the commissioner a plan for correction of the deficiency acceptable to the commissioner and (ii) correction of the deficiency within a reasonable time, not to exceed sixty (60) days, unless an extension of time, not to exceed sixty (60) additional days, is granted by the commissioner. The deficiency shall be deemed an impairment, and failure to correct the impairment in the prescribed time shall be grounds for suspension or revocation of the certificate of authority or for placing the health maintenance organization in administrative supervision, rehabilitation or liquidation as per the insurance laws of this State.

(b) Unless allowed by the commissioner no health maintenance organization or person acting on its behalf may, directly or indirectly, renew, issue or deliver any certificate, agreement or contract of coverage in this state, for which a premium is charged or collected, when the health maintenance organization writing such coverage is impaired, and the fact of such impairment is known to the health maintenance organization or to such person.

However, the existence of an impairment shall not prevent the issuance or renewal of a certificate, agreement or contract when the enrollee exercises an option granted under the plan to obtain a new, renewed or converted coverage.

(4) A certificate of authority shall be suspended or revoked or an application or a certificate of authority denied or an administrative penalty imposed only after compliance with the requirements of this section.

(a) Suspension or revocation of a certificate of authority or the denial of an application or the imposition of an administrative penalty pursuant to this section shall be by written order and shall be sent to the health maintenance organization or applicant by certified or registered mail and to the State Health Officer. The written order shall state the grounds, charges or conduct on which suspension, revocation or denial or administrative penalty is based. The health maintenance organization or applicant may in writing request a hearing within twenty (20) days from the date of mailing of the order. The said request must be filed with the commissioner within the twenty (20) day period. If no written request is made, such order shall be final upon the expiration of said twenty (20) days.

(b) * * * The health maintenance organization or applicant may, upon request, have an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

 * * * If an adjudicative proceeding is requested, the State Health Officer or his designated representative shall be in attendance and shall participate in the proceedings. The recommendations and findings of the State Health Officer with respect to matters relating to the quality of health care services provided in connection with any decision regarding denial, suspension or revocation of a certificate of authority, shall be conclusive and binding upon the commissioner.

 * * * The action of the commissioner and the recommendation and findings of the State Health Officer shall be subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

(5) When the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of such suspension, enroll any additional enrollees except newborn children or other newly acquired dependents of existing enrollees, and shall not engage in any advertising or solicitation whatsoever.

(6) When the certificate of authority of a health maintenance organization is revoked, such organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs, and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of such organization under supervision of the commissioner. It shall engage in no further advertising or solicitation whatsoever. The commissioner may, by written order, permit such further operation of the organization as he may find to be in the best interest of enrollees, to the end that enrollees will be afforded the greatest practical opportunity to obtain continuing health care coverage.

(7) * * * The decision of the commissioner under this section shall be subject to judicial review in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 386. Section 83-53-29, Mississippi Code of 1972, is amended as follows:

83-53-29. The commissioner may, after notice and hearing, issue any rules and regulations that he deems necessary to effectuate the purposes of this chapter or to eliminate devices or plans designed to avoid or render ineffective the provisions of this chapter. The commissioner may require such information as is reasonably necessary for the enforcement of this chapter. All rules and regulations adopted and promulgated pursuant to this chapter shall be subject to the Mississippi Administrative Procedure Law of 1999.

SECTION 387. Section 83-53-33, Mississippi Code of 1972, is amended as follows:

83-53-33. Any person affected by a cease and desist order issued under Section 83-53-31 may, within thirty (30) days after being served with such cease and desist order, petition the commissioner for a hearing to consider the alleged violation of this chapter or any rule or regulation issued pursuant thereto. The commissioner shall thereupon conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 388. Section 83-53-37, Mississippi Code of 1972, is amended as follows:

83-53-37. Any person aggrieved by an order of the commissioner under Section 83-53-35 may obtain judicial review of such order in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 389. Section 83-53-39, Mississippi Code of 1972, is amended as follows:

83-53-39. A cease and desist order issued by the commissioner under Section 83-53-31 shall become final upon the completion of the time allowed for filing a petition for an adjudicative hearing with the commissioner for a hearing if no such petition has been duly filed within such time. If a petition for a hearing is filed within such time pursuant to Section 83-53-33, the commissioner shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999, and the order of the commissioner shall not take effect and be in force until the issuance of an order pursuant to Section 83-53-35. An order issued pursuant to Section 83-53-35 shall take effect and be in force upon issuance or at such time as may be stated in such order. The commissioner, in his discretion, * * * may stay the execution or enforcement of any such order.

SECTION 390. Section 83-53-41, Mississippi Code of 1972, is amended as follows:

83-53-41. If the order of the commissioner under Section 83-53-35 does not charge a violation of this chapter or any rule or regulation pursuant thereto, then any petitioner or intervenor in the proceedings may, within thirty (30) days after the service of such report, file a notice of judicial review in accordance with the Mississippi Administrative Procedure Law of 1999. Upon such review, the court shall have the authority to issue appropriate orders and decrees in connection therewith, including orders enjoining and restraining the continuance of any act which it finds, notwithstanding such order of the commissioner, constitutes a violation of this chapter or any rule or regulation issued pursuant thereto.

SECTION 391. Section 83-53-45, Mississippi Code of 1972, is amended as follows:

83-53-45. Whenever any insurer, agent or other interested party petitions the commissioner for a hearing to consider any alleged violation of this chapter or any rule or regulation issued pursuant thereto, the commissioner shall conduct an adjudicative proceeding in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 392. Section 83-57-65, Mississippi Code of 1972, is amended as follows:

83-57-65. Any person subject to an order of the department under Section 83-57-63 may obtain judicial review thereof in accordance with the Mississippi Administrative Procedure Law of 1999.

SECTION 393. Section 93-21-307, Mississippi Code of 1972, is amended as follows:

93-21-307. The administration of the Mississippi Children's Trust Fund shall be vested in the Division of Family and Children's Services of the State Department of Public Welfare. In carrying out the provisions of Sections 93-21-301 through 93-21-311, the Division of Family and Children's Services shall have the following powers and duties:

(a) To assist in developing programs aimed at discovering and preventing the many factors causing child abuse and neglect;

(b) To prepare and disseminate, including the presentation of, educational programs and materials on child abuse and neglect;

(c) To provide educational programs for professionals required by law to make reports of child abuse and neglect;

(d) To help coordinate child protective services at the state, regional and local levels with the efforts of other state and voluntary social, medical and legal agencies;

(e) To provide advocacy for children in public and private state and local agencies affecting children;

(f) To encourage citizen and community awareness as to the needs and problems of children;

(g) To facilitate the exchange of information between groups concerned with families and children;

(h) To consult with state departments, agencies, commissions and boards to help determine the probable effectiveness, fiscal soundness and need for proposed educational and service programs for the prevention of child abuse and neglect;

(i) To adopt rules and regulations, subject to approval of the State Board of Public Welfare, in accordance with the Mississippi Administrative Procedure Law of 1999 to discharge its responsibilities;

(j) To report annually, through the annual report of the State Department of Public Welfare, to the Governor and the Legislature concerning the division's activities under Sections 93-21-301 through 93-21-311 and the effectiveness of those activities in fostering the prevention of child abuse and neglect;

(k) To recommend to the Governor and the Legislature changes in state programs, statutes, policies and standards which will reduce child abuse and neglect, improve coordination among state agencies which provide services to prevent abuse and neglect, improve the condition of children and assist parents and guardians;

(l) To evaluate and strengthen all local, regional and state programs dealing with child abuse and neglect;

(m) To prepare and submit annually to the Governor and the Legislature reports evaluating the level and quality of all programs, services and facilities provided to children by state agencies;

(n) To contract with public or private nonprofit institutions, organizations, agencies or schools or with qualified individuals for the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect;

(o) To determine the eligibility of programs applying for financial assistance and to make grants and loans from the fund for the purposes set forth in Sections 93-21-301 through 93-21-311;

(p) To develop, within one (1) year after July 1, 1989, a state plan for the distribution of funds from the trust fund which shall assure that an equal opportunity exists for establishment of prevention programs and for receipt of trust fund money among all geographic areas in this state, and to submit the plan to the Governor and the Legislature and annually thereafter submit revisions thereto as needed;

(q) To provide for the coordination and exchange of information on the establishment and maintenance of local prevention programs;

(r) To develop and publicize criteria for the receipt of trust fund money by eligible local prevention programs;

(s) To enter into contracts with public or private agencies to fulfill the requirements of Sections 93-21-301 through 93-21-311; and

(t) Review, monitor and approve the expenditure of trust fund money by eligible local programs.

SECTION 394. Section 99-41-13, Mississippi Code of 1972, is amended as follows:

99-41-13. If a claimant disagrees with an order of the deputy director entered under Section 99-41-11, he may, within thirty (30) days after being notified of the order, file notice of judicial review of the decision of the deputy director in accordance with the Mississippi Administrative Procedure Law of 1999. * * *

SECTION 395. Sections 25-43-1, 25-43-3, 25-43-5, 25-43-6, 25-43-7, 25-43-9, 25-43-11, 25-43-13, 25-43-15, 25-43-17 and 25-43-19, Mississippi Code of 1972, which create the Mississippi Administrative Procedures Law, provide definitions for terms used in such law, prescribe procedures that must be followed by agencies in the adoption, amendment and repeal of agency rules, require the filing of an economic impact statement for the adoption of a rule, require filing and notice before such rules may become effective, require agencies to index all effective rules adopted, provide that revocation or suspension of any license shall not be effective unless notice of such intended action is given to the licensee, and require agencies to adopt procedures to assure that opponents of proposed rules have the opportunity to present their views and review adverse rulings, are repealed.

SECTION 396. Sections 37-45-39, 37-45-59 and 37-45-61, Mississippi Code of 1972, which provide for the preservation of the reporter's notes, transcription and preparation of the record for appeal, and further appeal to the Supreme Court in certain hearings held before the State Department of Education, are repealed.

SECTION 397. Section 41-51-27, Mississippi Code of 1972, which deals with the record in hearings held under the Animal and Poultry By-Products Disposal Law of 1964, is repealed.

SECTION 398. Sections 49-27-43, 49-27-45 and 49-27-47, Mississippi Code of 1972, which deal with appeal to the chancery court under the provisions of the Coastal Protection Wetlands Act, are repealed.

SECTION 399. Section 53-1-45, Mississippi Code of 1972, which deals with appeals to the Supreme Court in the matter of a hearing held before the State Oil and Gas Board, is repealed.

SECTION 400. Sections 63-17-91 and 63-17-93, Mississippi Code of 1972, which deal with hearings held under the Mississippi Motor Vehicle Commission Law, are repealed.

SECTION 401. Section 65-2-17, Mississippi Code of 1972, which deals with the appeal to the Supreme Court from a decision of the circuit court in an appeal from a hearing held by the State Highway Arbitration Board, is repealed.

SECTION 402. Section 83-53-35, Mississippi Code of 1972, which prescribes the issuance of an order following a hearing before the Commissioner of Insurance concerning credit life and credit disability insurance, is repealed.

SECTION 403. This act shall take effect and be in force from and after July 1, 1999.