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Bill > HB1211

MS HB1211

MS HB1211
Administrative hearing procedures for Commission on Marine Resources; revise to authorize executive director of Department of Marine Resources to make final decisions during.

summary

Introduced
01/18/2021
In Committee
02/22/2021
Crossed Over
02/04/2021
Passed
03/18/2021
Dead
Signed/Enacted/Adopted
03/25/2021

Introduced Session

2021 Regular Session

Bill Summary

An Act To Amend Section 49-15-401, Mississippi Code Of 1972, To Provide That The Department Of Marine Resources, Instead Of The Commission On Marine Resources, Shall Enforce The Rules And Regulations, Administrative Code And Other Statutes Within The Jurisdiction Of The Department Of Marine Resources; To Amend Sections 49-15-403 And 49-15-405, Mississippi Code Of 1972, To Revise How Administrative Hearing Process Is Conducted; To Provide That The Commission On Marine Resources Shall Make A Recommendation Regarding Whether A Violation Has Been Made To The Executive Director Of The Department Of Marine Resources; To Provide That The Executive Director Shall Take Into Consideration The Commission's Recommendation And Make The Final Decision Regarding The Penalty, If Any, To Be Issued; To Amend Section 49-15-407, Mississippi Code Of 1972, To Provide That An Alleged Violator's Failure To Respond To Complaint Within 20, Not 30, Days Or Present Evidence Or Comments At A Regular Commission Meeting Shall Constitute A Waiver Of The Right To A Hearing; To Amend Section 49-15-409, Mississippi Code Of 1972, To Provide That The Department Of Marine Resources, Not The Commission On Marine Resources, Shall Have Jurisdiction Over All Persons And Property Necessary To Administer And Enforce The Administrative Hearing Procedures For The Department; To Amend Section 49-15-411, Mississippi Code Of 1972, To Provide That Any Individual Aggrieved By A Final Decision Of The Executive Director Of The Department Of Marine Resources Shall Be Entitled To Judicial Review; To Amend Sections 49-15-413, 49-15-415 And 49-15-323, Mississippi Code Of 1972, To Conform To The Provisions Of This Act; To Bring Forward Section 49-15-63, Mississippi Code Of 1972, For The Purpose Of Possible Amendment; And For Related Purposes.

AI Summary

This bill revises the administrative hearing procedures for the Mississippi Commission on Marine Resources. The key provisions are: 1) The Department of Marine Resources, rather than the Commission, will enforce the rules and regulations within the department's jurisdiction. 2) The executive director of the Department of Marine Resources will review complaints, determine if a violation has occurred, and impose a penalty if warranted, with the violator having the opportunity to request an informal settlement conference or a formal hearing before a hearing officer. 3) The hearing officer will provide a recommendation to the executive director, who will then make the final decision on whether a violation occurred and the appropriate penalty. 4) Individuals aggrieved by the executive director's final decision will be entitled to judicial review in chancery court. 5) The bill also makes conforming changes to related statutes to reflect the shift in authority from the Commission to the Department of Marine Resources.

Committee Categories

Agriculture and Natural Resources, Transportation and Infrastructure

Sponsors (1)

Last Action

Approved by Governor (on 03/25/2021)

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