5 MAC Pt. 3, R. 7.0
Final Order of Commissioner; At the close of the Hearing (as determined by the
Cite as 5 Miss. Admin. Code Pt. 3, R. 7.0
Final Order of Commissioner; At the close of the Hearing (as determined by the
Commissioner), the Commissioner shall, within no more than 60 business days, issue a written
“Final Order” memorializing the conclusions of fact and/or law and any other determinations
made by the Commissioner and based upon the Record. All parties and their representatives
shall be provided with a copy of the Final Order in the typical manner and the Respondent(s) or
their representatives shall further be provided the Final Order via hand-delivery or certified mail
to the last known address on file with the Department. The Final Order shall be made public and
enforced by the Commissioner unless expressly prohibited.
7.1 Standards of Proof; The Commissioner’s Final Order and the determinations contained
therein shall be based on “clear and convincing” evidence. All other determinations made by the
Commissioner and reduced to writing are subject to an “abuse of discretion” standard for the
purposes of any appeal or court intervention.
7.2 Appeal of Final Order to Chancery Court; A Final Order may be appealed to the Chancery
Court of Hinds County, Mississippi, First Judicial District, or any other court of competent
jurisdiction as authorized by statute. An appeal shall in no way function to stay the effectiveness
of the Final Order, absent express statutory authority allowing a stay or a proper order from a
court of competent jurisdiction.
Source Authority: Money Transmitters Act §§ 75-15-1, et seq.; Insurance Premium Finance
Law §§ 81-21-1, et seq.; Mississippi Pawnshop Act §§ 75-67-301, et seq.; Mississippi Title
Pledge Act §§ 75-67-401, et seq.; Mississippi Check Cashers Act §§ 75-67-501, et seq.;
Mississippi Debt Management Services Act §§ 81-22-1, et seq.; Credit Availability Act §§
75-67-601 et seq.;
APPEAL OF DENIAL OF APPLICATION(S) FOR LICENSURE IN A REGULATED
INDUSTRY; MANDATORY APPEAL DIRECTLY TO COMMISSIONER;
ABBREVIATED HEARING PROCESS