75-79-21 - Denial, suspension, cancellation or revocation of license; grounds; procedure.
§ 75-79-21. Denial, suspension, cancellation or revocation of license; grounds; procedure.
(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 before the commissioner, and the proceedings shall be in accordance with rules and regulations which shall be adopted by the commissioner. No license shall be cancelled or revoked, except after a hearing before the commissioner, upon reasonable notice to the licensee and an opportunity to appear and defend. 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 order shall be sent by certified mail by the commissioner to the licensee at the address of the pulpwood receiving facility licensed. Within thirty (30) days after the mailing of the order, the licensee, if dissatisfied with the order of the commissioner, may appeal to the chancery court of the county in which the pulpwood receiving facility is located by filing a written notice of appeal alleging the pertinent facts upon which such appeal is grounded. At the time of the filing of the appeal, the appellant shall give a bond for costs conditioned upon his prosecution of the appeal without delay and payment of all costs assessed against him. Appeal may be with supersedeas and shall be subject to the provisions of Section 11-51-31.
(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.
Sources: Laws, 1982, ch. 317, §§ 7(1), 8; Laws, 1994, ch. 575, § 3; reenacted, Laws, 1995, ch. 465, § 3; reenacted, Laws, 1997, ch. 322, § 3; reenacted without change, Laws, 2000, ch. 509, § 3; reenacted without change, Laws, 2004, ch. 423, § 3, eff from and after July 1, 2004.