Corpus

Procedure following charge of violation; reviewing officer.

Miss. Code Ann. § 69-15-53
in effect
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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. If the reviewing officer determines that the complaint lacks merit, he may dismiss the complaint. 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. If the accused requests a hearing, in writing, within thirty (30) days, the reviewing officer shall notify the Board of Animal Health and a hearing shall be scheduled. The actions of the State Veterinarian with respect to subsections (2) and (3) above shall be reviewable at such hearing, if so requested. The party requesting a hearing shall file a fee of One Hundred Dollars ($100.00) along with the request for hearing to cover the cost of a court reporter.