MCA Chapter 59

in effect

Miss. Code Ann. § 75-59-1 Permit required; application; fees; bonds; suits.

No person, firm or corporation shall contract to furnish correspondence courses to persons within the state unless such person, firm or corporation shall have obtained a permit from the office of the Secretary of State, either (a) the State Department of Education, (b) the Mississippi Community College Board, or (c) the Board of Trustees of State Institutions of Higher Learning, whichever is appropriate, and the Office of the Attorney General. An application for a permit shall be made on forms furnished by the Secretary of State, the State Department of Education, the Mississippi Community College Board or the Board of Trustees of Institutions of Higher Learning, as the case may be, and the Attorney General and such application shall designate an agent for the service of summons within the state; shall contain the name and address of the applicant; the type of courses offered with a brief summary of the course of studies offered; and one (1) copy of all textbooks or other teaching aids and training materials which are incorporated in the course of study shall be filed with said application. The applicant shall pay the Secretary of State a fee of Two Hundred Fifty Dollars ($250.00). The applicant shall file a bond with his application in the sum of Fifty Thousand Dollars ($50,000.00) conditioned to satisfy any judgment rendered by a court of competent jurisdiction, in favor of any person who has sustained damages as a result of the breach of a contract of instruction by the permittee. Such bond shall be executed by the permittee and a resident surety company qualified to transact business within the state. Such permit shall be valid for one (1) year from the date thereof. Suits against the permittee and his surety may be brought in the county where the plaintiff resides, or the county where the defendant has his principal place of business, or where his resident agent resides. This chapter shall not apply to any business school or business college holding a current certificate or license issued under the applicable law of this state. In addition, this chapter shall not apply to religious instructions offered by a recognized church denomination; provided, however, that no fee or charge of any kind whatever may be levied or collected directly or indirectly for such instructions or certificates issued in connection therewith or incidental thereto. No person shall be granted a permit unless he is an individual of good moral character.

Miss. Code Ann. § 75-59-3 Disposition of fees.

The fees collected under the provisions of this chapter shall be used in the processing and filing of said application and in the administration and enforcement of the chapter.

Miss. Code Ann. § 75-59-5 Revocation of permit; notice and hearing; appeals; suit by persons failing to comply with chapter.

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 serving notice of hearing upon the resident agent for service of summons in the same manner as service of summons upon nonresident corporations qualified to do business in the state. Such notice shall set a time and place for a hearing not less than fifteen (15) days nor more than thirty (30) days from the receipt of said notice. Said permittee shall be allowed to show cause why said permit should not be revoked. At said time and place full opportunity shall be afforded the permittee to be heard on said revocation. The Secretary of State shall have power to issue compulsory process to assure the presence of such persons or such records deemed necessary for the proper determination of any matter before him for consideration, and he may in his discretion require testimony under oath and administer the same. Any person aggrieved by a decision of the Secretary of State shall have a right to a judicial review of said decision by forwarding notice of his intention to appeal to the Secretary of State within fifteen (15) days from the date of revocation. Upon receipt of said notice, the Secretary of State shall within sixty (60) days after receiving said notice of appeal certify the record to the chancery court of the First Judicial District of Hinds County, Mississippi, for trial de novo. Appeal may be with or without supersedeas at the election of the permittee. The Secretary of State shall not be required to certify the record unless the permittee shall have filed a cost bond sufficient to pay the costs of transcribing and preparing the transcript. 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.

Miss. Code Ann. § 75-59-7 State superintendent of education to consult with Secretary of State; rules and regulations.

The state superintendent of education shall consult with the Secretary of State and the Secretary of State is hereby empowered, authorized, and directed to make reasonable rules and regulations to implement the general purposes of this chapter.

Miss. Code Ann. § 75-59-9 Penalties.

Any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of five hundred dollars ($500.00) or by imprisonment of not more than six (6) months, or by both such fine and imprisonment.