Procedure For Entry Of Names

Procedure For Entry Of Names. (a) Upon a determination that a person comes under any one of the criteria listed in Part 5 Chapter 1 Rule 1.3, such person shall be deemed a candidate for exclusion and a petition for exclusion may be filed by the Executive Director. Such petition shall include the identity of the candidate and the nature and scope of the circumstances or reasons that such person should be placed on the exclusion list. The petition shall also notify such person of the availability of a hearing by the Commission pursuant to Miss. Code Ann. §§ 75-76-39. Notice of the petition must be given pursuant to Miss. Code Ann. §§ 75- 76-37. (b) If the Commission or a subsequent judicial review finds in favor of the candidate or excluded person, then his name shall be removed from the exclusion list and his exclusion shall be terminated as of the date of the action by the Commission or the court. If the finding is against the candidate or excluded person, his name shall be placed on the exclusion list. If no hearing is requested, the person's name shall be placed on the exclusion list. (Adopted: 09/25/1991.)