Violations, Hearings, and Appeals

Violations, Hearings, and Appeals (1) Failure of an applicant or licensee to comply with a material provision of the Peer-to-Peer Car Sharing Program Act or this regulation is considered a violation of applicable laws. The Commissioner of Insurance may deny a permit application or suspend or revoke a permit, after giving notice of hearing to the applicant or permittee by serving a written statement of charges on the permittee or its registered agent at least twenty (20) days prior to a hearing, for any violation of the Peer-to-Peer Car Sharing Program Act, Mississippi Senate Bill No. 2530, 2024 Regular Legislative Session, or this Regulation. Service shall be deemed accomplished three (3) days after the date of mailing, via certified mail, of the notice of hearing by the Mississippi Insurance Department, addressed to the permittee or its registered agent. In the case of personal delivery, service shall be deemed accomplished on the date of personal delivery to the permittee or its registered agent. The notice may also be served upon the permittee by electronic (email) delivery with a delivery receipt, if an electronic mail address has been provided. The Mississippi Insurance Department is not required to provide a court reporter to make a record of the testimony given at the hearing, and the record of testimony may be taken through audio recording or other appropriate means, which may be transcribed by employees of the Mississippi Insurance Department, and will constitute the record of testimony in the event of an appeal. Any respondent may provide its own method of recording testimony, including retaining a court reporter, at the respondent’s own expense. (2) The rules of order and procedure for any hearing held pursuant to subpart 1 of this Rule shall be in accordance with 19 Miss. Admin. Code, Part 1, Chapter 15 (Rules of Practice and Procedure before the Mississippi Insurance Department and State Fire Marshal’s Office), unless in conflict with the specific provisions of this regulation. (3) Any peer-to-peer car sharing program that 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 appeal to the Circuit Court of Hinds County, Mississippi, pursuant to the provisions of the Mississippi Uniform Circuit and County Court Rules. All such appeals shall be appeals on the record, including a transcript of pleadings and evidence, both oral and documentary, heard and filed before the commissioner.