Bill Text: MS HB1266 | 2021 | Regular Session | Introduced


Bill Title: Occupational license; revise judicial review related to suspension of.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-02-02 - Died In Committee [HB1266 Detail]

Download: Mississippi-2021-HB1266-Introduced.html

MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Judiciary A

By: Representative Tullos

House Bill 1266

AN ACT TO PROVIDE THAT A PARTY WHO IS ADVERSELY AFFECTED BY FINAL AGENCY ACTION IS ENTITLED TO JUDICIAL REVIEW; TO PROVIDE THAT A PERSON MAY SEEK JUDICIAL REVIEW IN THE CHANCERY COURT OF THE COUNTY IN WHICH THE APPELLANT RESIDES OR THE CHANCERY COURT OF THE FIRST JUDICIAL DISTRICT OF HINDS COUNTY; TO PROVIDE THAT ALL PROCEEDINGS SHALL BE INSTITUTED BY FILING A NOTICE OF APPEAL OR PETITION FOR REVIEW IN ACCORDANCE WITH THE MISSISSIPPI RULES OF APPELLATE PROCEDURE WITHIN THIRTY DAYS AFTER THE RENDITION OF THE ORDER BEING APPEALED; TO PROVIDE THAT IF THE AGENCY DECISION HAS THE EFFECT OF SUSPENDING OR REVOKING A PROFESSIONAL LICENSE, SUPERSEDEAS SHALL BE GRANTED AS A MATTER OF RIGHT UPON SUCH CONDITIONS AS ARE REASONABLE, UNLESS A COURT, UPON PETITION OF THE AGENCY, DETERMINES THAT A SUPERSEDEAS WOULD CONSTITUTE A PROBABLE DANGER TO THE HEALTH, SAFETY OR WELFARE OF THE STATE; TO PROVIDE THE RELIEF THAT MAY POTENTIALLY BE GRANTED BY THE REVIEWING COURT; TO AMEND SECTIONS 73-1-31, 73-2-16, 73-3-329, 73-4-19, 73-6-19, 73-5-27, 73-7-27, 73-9-61, 73-9-65, 73-10-21, 73-11-57, 73-13-37, 73-13-93, 73-14-39, 73-15-31, 73-17-15, 73-19-45, 73-19-111, 73-21-101, 73-23-63, 73-24-25, 73-25-27, 73-25-95, 73-29-39, 73-30-11, 73-31-21, 73-33-11, 73-34-43, 73-35-25, 73-36-33, 73-36-36, 73-39-81, 73-42-13, 73-43-14, 73-53-25, 73-55-19, 73-57-33, 73-59-13, 73-60-35, 73-61-3, 73-63-49, 73-67-19, 73-69-33, 73-71-49, 73-73-33 AND 73-75-19, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  (a)  Notwithstanding any other provision of law to the contrary, a party who is adversely affected by final agency action is entitled to judicial review.

          (b)  A preliminary, procedural or intermediate order of an agency is immediately reviewable if review of the final agency decision would not provide an adequate remedy.

     (2)  Notwithstanding any other provision of law to the contrary, a person aggrieved by an order, judgment or action of an agency may seek judicial review in the chancery court of the county in which the appellant resides or the Chancery Court of the First Judicial District of Hinds County, at the election of the appellant. All proceedings shall be instituted by filing a notice of appeal or petition for review in accordance with the Mississippi Rules of Appellate Procedure within thirty (30) days after the rendition of the order being appealed.

     (3)  Notwithstanding any other provision of law to the contrary, the filing of the petition does not itself stay enforcement of the agency decision, but if the agency decision has the effect of suspending or revoking a professional license, supersedeas shall be granted as a matter of right upon such conditions as are reasonable, unless a court, upon petition of the agency, determines that a supersedeas would constitute a probable danger to the health, safety or welfare of the state.  The agency also may grant a stay upon appropriate terms, but, whether or not the action has the effect of suspending or revoking a license, a petition to the agency for a stay is not a prerequisite to a petition to the court for supersedeas.  In any event the court shall specify the conditions, if any, upon which the stay or supersedeas is granted.

     (4)  Notwithstanding any other provision of law to the contrary, judicial review of any agency action shall be confined to the record transmitted and any additions made thereto in accordance with subsection (7)(a).

     (5)  Notwithstanding any other provision of law to the contrary, the record for judicial review shall be compiled in accordance with the Mississippi Rules of Appellate Procedure.

     (6)  (a)  Notwithstanding any other provision of law to the contrary, the reviewing court's decision may be mandatory, prohibitory, or declaratory in form, and it shall provide whatever relief is appropriate irrespective of the original form of the petition. The court may:

              (i)  Order agency action required by law;

              (ii)  Order agency exercise of discretion when required by law;

              (iii)  Set aside agency action;

              (iv)  Remand the case for further agency proceedings; or

              (v)  decide the rights, privileges, obligations, requirements, or procedures at issue between the parties; and

              (vi)  Order such ancillary relief as the court finds necessary to redress the effects of official action wrongfully taken or withheld.

          (b)  If the court sets aside agency action or remands the case to the agency for further proceedings, it may make such interlocutory order as the court finds necessary to preserve the interests of any party and the public pending further proceedings or agency action.

     (7)  Notwithstanding any other provision of law to the contrary, the court shall remand a case to the agency for further proceedings consistent with the court's decision or set aside agency action, as appropriate, when it finds that:

          (a)  There has been no hearing prior to agency action and the reviewing court finds that the validity of the action depends upon disputed facts;

          (b)  The agency's action depends on any finding of fact that is not supported by competent, substantial evidence in the record of a hearing; however, the court shall not substitute its judgment for that of the agency as to the weight of the evidence on any disputed finding of fact;

          (c)  The fairness of the proceedings or the correctness of the action may have been impaired by a material error in procedure or a failure to follow prescribed procedure;

          (d)  The agency has erroneously interpreted a provision of law and a correct interpretation compels a particular action; or

          (e)  The agency's exercise of discretion was:

              (i)  Outside the range of discretion delegated to the agency by law;

              (ii)  Inconsistent with agency rule;

              (iii)  Inconsistent with officially stated agency policy or a prior agency practice, if deviation therefrom is not explained by the agency; or

              (iv)  Otherwise in violation of a constitutional or statutory provision.

     However, the court shall not substitute its judgment for that of the agency on an issue of discretion.

     (8)  Notwithstanding any other provision of law to the contrary, unless the court finds a ground for setting aside, modifying, remanding, or ordering agency action or ancillary relief under a specified provision of this section, it shall affirm the agency's action.

     (9)  Notwithstanding any other provision of law to the contrary, a petition challenging an agency rule as an invalid exercise of delegated legislative authority shall not be instituted pursuant to this section, unless the sole issue presented by the petition is the constitutionality of a rule and there are no disputed issues of fact.

     SECTION 2.  Section 73-1-31, Mississippi Code of 1972, is amended as follows:

     73-1-31.  Within thirty (30) days after entry of a final order or judgment denying or revoking a certificate to practice architecture, whether an initial licensure or renewal, or action of the board as a result of disciplinary proceedings conducted under this section, any person aggrieved thereby may appeal such order, judgment or action either to the chancery court of the county wherein the appellant resides or to the Chancery Court of the First Judicial District of Hinds County, Mississippi, upon giving bond with sufficient security in the amount of Five Hundred Dollars ($500.00), approved by the clerk of the chancery court and conditioned to pay any costs which may be adjudged against such person.  If the appellant is a nonresident of this state, the appeal shall be made to the Chancery Court of the First Judicial District of Hinds County, Mississippi.  Such appeal shall act as a supersedeas as provided in Section 1 of this act. 

     Notice of appeal shall be filed in the office of the clerk of the chancery court, who shall issue a writ of certiorari directed to the board commanding it within ten (10) days after service thereof to certify to such court its entire record in the matter in which the appeal has been taken.  The content of the briefs shall be in accordance with M.R.A.P. 28 and the briefing schedule shall be in accordance with M.R.A.P. 31 unless the court, in its discretion, directs otherwise.  The appeal shall thereupon be heard in due course by the court, and the court shall review the record and make its determination of the cause between the parties within sixty (60) days of the close of briefing.

     Except as otherwise provided in this section, any order, judgment or decision of the board shall not take effect until after the time for appeal to the court shall have expired.  All appeals perfected hereunder shall act as a supersedeas of the order, judgment or action appealed from.

     Actions taken by the board in suspending a certificate of registration when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a suspension of a certificate that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

     SECTION 3.  Section 73-2-16, Mississippi Code of 1972, is amended as follows:

     73-2-16.  (1)  The board shall also have the power to revoke, suspend or annul the certificate or registration of a landscape architect or reprimand, censure or otherwise discipline a landscape architect.

     (2)  The board, upon satisfactory proof and in accordance with the provisions of this chapter, may take the disciplinary actions against any registered landscape architect for any of the following reasons:

          (a)  Violating any of the provisions of Sections 73-2-1 through 73-2-21 or the implementing bylaws, rules, regulations or standards of ethics or conduct duly adopted and promulgated by the board pertaining to the practice of landscape architecture;

          (b)  Fraud, deceit or misrepresentation in obtaining a certificate of registration;

          (c)  Gross negligence, malpractice, incompetency or misconduct in the practice of landscape architecture;

          (d)  Any professional misconduct, as defined by the board through bylaws, rules and regulations and standards of conduct and ethics (professional misconduct shall not be defined to include bidding on contracts for a price);

          (e)  Practicing or offering to practice landscape architecture on an expired license or * * *while under suspension or revocation of a license unless * * *said suspension or the revocation be abated through probation;

          (f)  Practicing landscape architecture under an assumed or fictitious name;

          (g)  Being convicted by any court of a felony, except conviction of culpable negligent manslaughter, in which case the record of conviction shall be conclusive evidence;

          (h)  Willfully misleading or defrauding any person employing him as a landscape architect by any artifice or false statement;

          (i)  Having undisclosed financial or personal interest which compromises his obligation to his client;

          (j)  Obtaining a certificate by fraud or deceit; or

          (k)  Violating any of the provisions of this chapter.

     (3)  Any person may prefer charges against any other person for committing any of the acts set forth in subsection (2).  Such charges need not be sworn to, may be made upon actual knowledge, or upon information and belief, and shall be filed with the board. In the event any person licensed under Sections 73-2-1 through 73-2-21 is expelled from membership in any Mississippi or national professional landscape architectural society or association, the board shall thereafter cite said person to appear at a hearing before the board and to show cause why disciplinary action should not be taken against that person.

     The board shall investigate all charges filed with it and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, may, in its discretion, cause a hearing to be held, at a time and place fixed by the board, regarding the charges and may compel the accused by subpoena to appear before the board to respond to said charges.

     No disciplinary action taken hereunder may be taken until the accused has been furnished both a statement of the charges against him and notice of the time and place of the hearing thereof, which shall be personally served on the accused or mailed by registered or certified mail, return receipt requested, to the last known business or residence address of the accused not less than thirty (30) days prior to the date fixed for the hearing.

     (4)  At any hearing held under the provisions of this section, the board shall have the power to subpoena witnesses and compel their attendance and require the production of any books, papers or documents.  The hearing shall be conducted before the full board with the president of the board serving as the presiding judge.  Counsel for the board shall present all evidence relating to the charges.  All evidence shall be presented under oath, which may be administered by any member of the board, and thereafter the proceedings may, if necessary, be transcribed in full by the court reporter and filed as part of the record in the case.  Copies of such transcription may be provided to any party to the proceedings at a cost to be fixed by the board.

     All witnesses who shall be subpoenaed and who shall appear in any proceedings before the board shall receive the same fees and mileage as allowed by law in judicial civil proceedings, and all such fees shall be taxed as part of the costs of the case.

     Where in any proceedings before the board any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify or shall refuse to produce any books and papers, the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.

     The accused shall have the right to be present at the hearing in person, by counsel or other representative, or both.  The accused shall have the right to present evidence and to examine and cross-examine all witnesses.  The board is authorized to continue or recess the hearing as may be necessary.

     (5)  At the conclusion of the hearing, the board may either decide the issue at that time or take the case under advisement for further deliberation.  The board shall render its decision not more than forty-five (45) days after the close of the hearing, and shall forward to the last known business or residence address of the accused by certified or registered mail, return receipt requested, a written statement of the decision of the board.

     If a majority of the board finds the accused guilty of the charges filed, the board may:  (a) issue a public or private reprimand; (b) suspend or revoke the license of the accused, if the accused is a registrant; or (c) in lieu of or in addition to such reprimand, suspension or revocation, assess and levy upon the guilty party a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for each violation.

     (6)  A monetary penalty assessed and levied under this section shall be paid to the board upon the expiration of the period allowed for appeal of such penalties under this section, or may be paid sooner if the guilty party elects.  Money collected by the board under this section shall be deposited to the credit of the board's general operating fund.

     When payment of a monetary penalty assessed and levied by the board in accordance with this section is not paid when due, the board shall have the power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county and judicial district of the residence of the guilty party and if the guilty party be a nonresident of the State of Mississippi, such proceedings shall be in the Chancery Court of the First Judicial District of Hinds County, Mississippi.

     (7)  When the board has taken a disciplinary action under this section, the board may, in its discretion, stay such action and place the guilty party on probation for a period not to exceed one (1) year upon the condition that the guilty party shall not further violate either the law of the State of Mississippi pertaining to the practice of landscape architecture or the bylaws, rules and regulations, or standards of conduct and ethics promulgated by the board.

     (8)  The board, in its discretion, may assess and tax any part or all of the costs of any disciplinary proceedings conducted under this section against the accused, if the accused is found guilty of the charges.

     (9)  The power and authority of the board to assess and levy the monetary penalties provided for in this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in this section.

     (10)  The board, for sufficient cause, may reissue a revoked license of registration whenever a majority of the board members vote to do so but in no event shall a revoked license be issued within two (2) years of the revocation.  A new license of registration required to replace a revoked, lost, mutilated or destroyed license may be issued, subject to the rules of the board, for a charge not to exceed Twenty-five Dollars ($25.00).

     (11)  The board may direct the advisory committee to review and investigate any charges brought against any landscape architect under this chapter and to hold the hearings provided for in this section and to make findings of fact and recommendations to the board concerning the disposition of such charges.

     (12)  Nothing herein contained shall preclude the board or advisory committee from initiating proceedings in any case.  The advisory committee shall furnish legal advice and assistance to the board whenever such service is requested.

     (13)  In addition to the reasons specified in subsection (2) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     SECTION 4.  Section 73-3-329, Mississippi Code of 1972, is amended as follows:

     73-3-329.  (1)  The entire record of the proceeding of the complaint tribunal shall be filed with the clerk of the court within thirty (30) days after the conclusion of the hearing or within such additional time as the clerk, on motion therefor, may allow.  Such appeal shall act as a supersedeas as provided in Section 1 of this act. 

     (2)  If no appeal from the judgment of the complaint tribunal is perfected within thirty (30) days from the date of said judgment, the judgment of the complaint tribunal shall be final.

     (3)  Either the attorney or The Mississippi Bar shall have the right to an appeal to the court, which appeal shall be perfected within thirty (30) days of the date of the judgment of the complaint tribunal by the aggrieved party filing a notice of appeal with the clerk of the court.

     (4)  The record on appeal shall consist of the formal complaint, all other pleadings, the transcript of the testimony and the written opinion and judgment of the complaint tribunal.

     (5)  On appeal, the court may review all of the evidence and the law and the findings and conclusions of the complaint tribunal and it may make such findings and conclusions and render such order as it may find to be appropriate based upon the whole record.

     (6)  The rules of practice and procedure for the filing of briefs and oral arguments governing appeals from the chancery or circuit courts of Mississippi shall apply to and govern appeals from the judgment of the complaint tribunals; provided, however, whenever possible, the court shall advance and expedite the cause on its docket.

     (7)  Actions taken by the Supreme Court in suspending an attorney from the practice of law when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of the suspension of an attorney from the practice of law that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

     SECTION 5.  Section 73-4-19, Mississippi Code of 1972, is amended as follows:

     73-4-19.  (1)  The commission may, upon its own motion or upon the complaint in writing of any person, provided the complaint and any evidence presented with it establishes a prima facie case, hold a hearing and investigate the actions of any auctioneer or auction firm, or any person who holds himself out as an auctioneer or auction firm.

     (2)  Any person desiring to make a complaint against a licensee shall submit a complaint to the commission in verified form as prescribed by the commission.  Upon receipt of a properly verified complaint, the commission shall send a copy of the complaint to the affected licensee by certified mail, and the licensee shall make answer to the complaint in writing within twenty (20) days after receipt of the complaint.  The licensee shall mail a copy of his response to the commission and the complainant.  Upon receipt of the licensee's response or lapse of twenty (20) days, the commission shall make investigation of the underlying allegations of the complaint, and upon a finding of probable cause that a violation of this chapter has occurred, the commission shall order a hearing for the licensee to appear and show cause why he should not be disciplined for a violation of this chapter.

     (3)  (a)  All hearings held pursuant to this chapter shall be held at the offices of the commission.  The commission, for good cause shown, may order that a hearing be held in another location convenient to all parties.

          (b)  The commission shall give the complainant and the affected licensee * * *twenty (20) thirty (30) days' notice of any hearing upon a complaint.  Such notice shall be by United States certified mail.

          (c)  Any party appearing before the commission may be accompanied by counsel.

          (d)  The commission or its executive director shall have the right to subpoena witnesses and documents as they deem necessary for the proper conduct of the hearing.  The commission shall not entertain a motion for a continuance for failure of a witness to appear unless such witness shall have been duly subpoenaed.

          (e)  (i)  Before commencing a hearing, the chairman of the commission shall determine if all parties are present and ready to proceed.  If the complainant fails to attend a hearing without good cause shown, the complaint shall be dismissed summarily and all fees and expenses of convening the hearing shall be assessed to, and paid by, the complainant.  If any affected licensee fails to appear for a hearing without good cause shown, such licensee shall be presumed to have waived his right to appear and be heard.

              (ii)  Upon the chairman's determination that all parties are ready to proceed, the chairman shall call the hearing to order and the complainant and the licensee may give opening statements.  At the request of any party, the chairman shall order the sequestration of nonparty witnesses.  The complainant shall then present his complaint through sworn testimony and the production of physical evidence.  The licensee, any counsel and any member of the commission may ask questions of witnesses.

              (iii)  The licensee shall then present his case in rebuttal with equal right of cross-examination of the parties.  At the completion of the evidence, all parties may give closing statements.

              (iv)  At the conclusion of testimony and argument, the commission may go into closed session for deliberation.

              (v)  At the conclusion of deliberations, the commission may announce the commission's decision in an open session, and shall notify the parties of its decision by mail within ten (10) days after the commission reaches its decision.

     (4)  Service of notice to the party shall be considered to have been given if the notice was personally served on the licensee, applicant or complainant or if the notice was sent by certified United States mail to the licensee, applicant or complainant to that party's last known address of record with the board.

     (5)  No person whose license has been revoked hereunder may apply for a new license for a period of at least five (5) years.  A person whose license has been denied, suspended or revoked may not apply in that person's name or in any other manner within the period during which the order of denial, suspension or revocation is in effect, and no firm, partnership or corporation in which any person whose license has been denied, suspended or revoked has a substantial interest or exercises management responsibility or control may be licensed during the period.  The procedure for the reissuance of a license that is for being out of compliance with an order for support, as defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.

     (6)  Any civil or monetary penalty, fine or other costs imposed by the commission under this chapter shall become due and payable within the time allowed by the commission for payment thereof.  Failure of the licensee or party to pay all penalties or fines so assessed as ordered by the commission shall, unless an appeal is taken and perfected within the time and in the manner provided in this chapter, result in an automatic revocation of such licensee's license.  In addition, if any amounts assessed against a party by final order of the commission become otherwise uncollectible or payment is in default, and if all the right to appeal has passed, the order of the commission containing the amount of money assessed by the commission may be filed with the appropriate clerk of the court in the county in which the licensee or party is located.  The order shall constitute a judgment and the filing of such final order shall have the full force and effect of a judgment duly docketed in the office of such clerk and may be enforced in the same manner and with the same effect as that provided by law in respect to executions issued against property upon judgments of a court of record.

     (7)  The commission may also assess and levy upon any licensee or applicant for licensure the costs incurred or expended by the commission in the investigation and prosecution of any licensure or disciplinary action, including, but not limited to, the cost of process service, court reports, expert witness, investigators and attorney fees.

     (8)  Except as otherwise provided in Section 1 of this act, the commission may, upon its own motion, summarily suspend a license when the interest, health, safety or welfare of the public is at risk, such as in the event of a potential loss of consigned items or potential loss of funds.  Except as otherwise provided in Section 1 of this act, if the commission suspends summarily a license under the provisions of this subsection, a hearing must begin within * * *twenty (20) thirty (30) days after such suspension begins, unless continued at the request of the licensee.

     (9)  Except as otherwise provided in Section 1 of this act, any person aggrieved by an action of the commission may file an appeal of such action in the * * *Circuit Chancery Court of Hinds County.  Any appeal must be accompanied by an attested copy of the record of the hearing before the commission.  An appeal must, however, be filed with the Chancery Court of the First Judicial District of Hinds County, Mississippi, within thirty (30) days immediately following the date of the commission's decision, unless the court, for good cause shown, extends the time.  Appeals may be taken to the Mississippi Supreme Court as provided by law from any final judgment of the chancery court.  If the board appeals from any judgment of the chancery court, no bond shall be required of it in order to perfect its appeal.  Any actions taken by the commission in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

     (10)  If any licensee is indicted in this or any other state for forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy to defraud or other offense, and a certified copy of the indictment is filed with the commission or other proper evidence is given to it, the commission may, in its discretion, suspend the license issued to the licensee pending trial of the charges.

     (11)  If the revocation or suspension of a license issued to any member of a partnership, or to any officer of an association, corporation or organization to whom an auction license has been issued, the license issued to the partnership, association, corporation or organization shall be revoked by the commission unless, within a time fixed by the commission, the connection of the member of the partnership is severed and his interest in the partnership and his share in its activities brought to an end, or the officer of the association, corporation or organization is discharged and has no further participation in its activities.

     (12)  Nothing in this section shall be deemed as an exclusive remedy or prevent or proscribe any person's right to petition a court of law or equity for redress of a grievance against a licensee or any other entity.

     SECTION 6.  Section 73-6-19, Mississippi Code of 1972, is amended as follows:

     73-6-19.  (1)  The board shall refuse to grant a certificate of licensure to any applicant or may cancel, revoke or suspend the certificate upon the finding of any of the following facts regarding the applicant or licensed practitioner:

          (a)  Failure to comply with the rules and regulations adopted by the State Board of Chiropractic Examiners;

          (b)  Violation of any of the provisions of this chapter or any of the rules and regulations of the State Board of Health pursuant to this chapter with regard to the operation and use of x-rays;

          (c)  Fraud or deceit in obtaining a license;

          (d)  Addiction to the use of alcohol, narcotic drugs, or anything which would seriously interfere with the competent performance of his professional duties;

          (e)  Conviction by a court of competent jurisdiction of a felony, other than manslaughter or any violation of the United States Internal Revenue Code;

          (f)  Unprofessional and unethical conduct;

          (g)  Contraction of a contagious disease which may be carried for a prolonged period;

          (h)  Failure to report to the Mississippi Department of Human Services or the county attorney any case wherein there are reasonable grounds to believe that a child or vulnerable adult has been abused by its parent or person responsible for such person's welfare;

          (i)  Advising a patient to use drugs, prescribing or providing drugs for a patient, or advising a patient not to use a drug prescribed by a licensed physician or dentist;

          (j)  Professional incompetency in the practice of chiropractic;

          (k)  Having disciplinary action taken by his peers within any professional chiropractic association or society;

          (l)  Offering to accept or accepting payment for services rendered by assignment from any third-party payor after offering to accept or accepting whatever the third-party payor covers as payment in full, if the effect of the offering or acceptance is to eliminate or give the impression of eliminating the need for payment by an insured of any required deductions applicable in the policy of the insured;

          (m)  Associating his practice with any chiropractor who does not hold a valid chiropractic license in Mississippi, or teach chiropractic manipulation to nonqualified persons under Section 73-6-13;

          (n)  Failure to make payment on chiropractic student loans;

          (o)  Failure to follow record keeping requirements prescribed in Section 73-6-18;

          (p)  If the practitioner is certified to provide animal chiropractic treatment, failure to follow guidelines approved by the Mississippi Board of Veterinary Medicine; or

          (q)  Violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners.  This paragraph shall stand repealed on July 1, 2025.

     (2)  Any holder of such certificate or any applicant therefor against whom is preferred any of the designated charges shall be furnished a copy of the complaint and shall receive a formal hearing in Jackson, Mississippi, before the board, at which time he may be represented by counsel and examine witnesses.  The board is authorized to administer oaths as may be necessary for the proper conduct of any such hearing.  In addition, the board is authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers.  The process issued by the board shall extend to all parts of the state.  Where in any proceeding before the board any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify, or shall refuse to produce any books and papers, the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.

     (3)  In addition to any other investigators the board employs, the board shall appoint one or more licensed chiropractors to act for the board in investigating the conduct relating to the competency of a chiropractor, whenever disciplinary action is being considered for professional incompetence and unprofessional conduct.

     (4)  Whenever the board finds any person unqualified to practice chiropractic because of any of the grounds set forth in subsection (1) of this section, after a hearing has been conducted as prescribed by this section, the board may enter an order imposing one or more of the following:

          (a)  Deny his application for a license or other authorization to practice chiropractic;

          (b)  Administer a public or private reprimand;

          (c)  Suspend, limit or restrict his license or other authorization to practice chiropractic for up to five (5) years;

          (d)  Revoke or cancel his license or other authorization to practice chiropractic;

          (e)  Require him to submit to care, counseling or treatment by physicians or chiropractors designated by the board, as a condition for initial, continued or renewal of licensure or other authorization to practice chiropractic;

          (f)  Require him to participate in a program of education prescribed by the board; or

          (g)  Require him to practice under the direction of a chiropractor designated by the board for a specified period of time.

     (5)  Any person whose application for a license or whose license to practice chiropractic has been cancelled, revoked or suspended by the board within thirty (30) days from the date of such final decision shall have the right of a de novo appeal to the * * *circuit court of his county of residence or the * * *Circuit Chancery Court of the First Judicial District of Hinds County, Mississippi.  Except as otherwise provided in Section 1 of this act, if there is an appeal, such appeal may, in the discretion of and on motion to the * * *circuit chancery court, act as a supersedeas.  The * * *circuit chancery court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may, in the discretion of the * * *circuit chancery judge, be tried in vacation.  Either party shall have the right of appeal to the Supreme Court as provided by law from any decision of the * * *circuit chancery court.

     (6)  In a proceeding conducted under this section by the board for the revocation, suspension or cancellation of a license to practice chiropractic, after a hearing has been conducted as prescribed by this section, the board shall have the power and authority for the grounds stated in subsection (1) of this section, with the exception of paragraph (c) thereof, to assess and levy upon any person licensed to practice chiropractic in the state a monetary penalty in lieu of such revocation, suspension or cancellation, as follows:

          (a)  For the first violation, a monetary penalty of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for each violation.

          (b)  For the second and each subsequent violation, a monetary penalty of not less than One Thousand Dollars ($1,000.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00) for each violation.

     The power and authority of the board to assess and levy such monetary penalties under this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations.  A licensee shall have the right of appeal from the assessment and levy of a monetary penalty as provided in this section to the * * *circuit chancery court under the same conditions as a right of appeal is provided for in this section for appeals from an adverse ruling, or order, or decision of the board.  Any monetary penalty assessed and levied under this section shall not take effect until after the time for appeal has expired, and an appeal of the assessment and levy of such a monetary penalty shall act as a supersedeas.

     (7)  In addition to the grounds specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     SECTION 7.  Section 73-5-27, Mississippi Code of 1972, is amended as follows:

     73-5-27.  Except as otherwise provided in Section 1 of this act, the Board of Barber Examiners may neither refuse to suspend or revoke, nor revoke or suspend any certificate of registration as a registered barber or barber instructor, for any of the causes enumerated in this chapter, unless the holder of such certificate has been given at least * * *twenty (20) thirty (30) days' notice, in writing by registered mail, signed by the President and Secretary of the Board of Barber Examiners, setting forth the charges against such holder of such certificate and naming the time and place for a hearing upon the charge or charges, and a public hearing thereof by the Board of Barber Examiners.  The person shall return a written response within ten (10) business days acknowledging receipt of the letter and confirmation of attendance at the board hearing no later than the close of business of the tenth day.

     Upon the hearing of any such charge or charges the board may issue all subpoenas for all necessary witnesses for and against the accused, and require their attendance upon such hearing, may administer oaths, and may procure by process the production of all necessary books and papers, bearing or touching upon such charges against the accused.

     SECTION 8.  Section 73-7-27, Mississippi Code of 1972, is amended as follows:

     73-7-27.  (1)  Any complaint may be filed with the board by a member or agent of the board or by any person charging any licensee of the board with the commission of any of the offenses enumerated in subsection (2) of this section.  Such complaint shall be in writing, signed by the accuser or accusers, and verified under oath, and such complaints shall be investigated as set forth in Section 73-7-7.  If, after the investigation, the board through its administrative review agents determines that there is not substantial justification to believe that the accused licensee has committed any of the offenses enumerated, it may dismiss the complaint or may prepare a formal complaint proceeding against the licensee as hereinafter provided.  When used with reference to any complaint filed against a licensee herein, the term "not substantial justification" means a complaint that is frivolous, groundless in fact or law, or vexatious, as determined by unanimous vote of the board.  In the event of a dismissal, the person filing the accusation and the accused licensee shall be given written notice of the board's determination.  If the board determines there is reasonable cause to believe the accused has committed any of those offenses, the secretary of the board shall give written notice of such determination to the accused licensee and set a day for a hearing as provided in subsection (3) of this section.

     (2)  The board shall have the power to revoke, suspend or refuse to issue or renew any license or certificate provided for in this chapter, and to fine, place on probation and/or otherwise discipline a student or licensee or holder of a certificate, upon proof that such person:  (a) has not complied with or has violated any of the rules and regulations promulgated by the board; (b) has not complied with or has violated any of the sections of this chapter; (c) has committed fraud or dishonest conduct in the taking of the examination herein provided for; (d) has been convicted of a felony; (e) has committed grossly unprofessional or dishonest conduct; (f) is addicted to the excessive use of intoxicating liquors or to the use of drugs to such an extent as to render him or her unfit to practice in any of the practices or occupations set forth in this chapter; (g) has advertised by means of knowingly false or deceptive statements; or (h) has failed to display the license or certificate issued to him or her as provided for in this chapter; or (i) has been convicted of violating any of the provisions of this chapter.  Except as otherwise provided in Section 1 of this act, a conviction of violating any of the provisions of this chapter shall be grounds for automatic suspension of the license or certificate of such person.

     (3)  Except as otherwise provided in Section 1 of this act, the board shall not revoke, suspend or refuse to issue or renew any license or certificate, or fine, place on probation or otherwise discipline any person in a disciplinary matter except after a hearing of which the applicant or licensee or holder of the certificate affected shall be given at least * * *twenty (20) thirty (30) days' notice in writing, specifying the reason or reasons for denying the applicant a license or certificate of registration, or in the case of any other disciplinary action, the offense or offenses of which the licensee or holder of a certificate of registration is charged.  Such notice may be served by mailing a copy thereof by United States first-class certified mail, postage prepaid, to the last-known residence or business address of such applicant, licensee or holder of a certificate.  The hearing on such charges shall be at such time and place as the board may prescribe.

     (4)  At such hearings, all witnesses shall be sworn by a member of the board, and stenographic notes of the proceedings shall be taken.  Any party to the proceedings desiring it shall be furnished with a copy of such stenographic notes upon payment to the board of such fees as it shall prescribe, not exceeding, however, the actual costs of transcription.

     (5)  The board is hereby authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers.  The process issued by the board shall extend to all parts of the state and such process shall be served by any person designated by the board for such service.  The person serving such process shall receive such compensation as may be allowed by the board, not to exceed the fee prescribed by law for similar services.  All witnesses who shall be subpoenaed, and who shall appear in any proceedings before the board, shall receive the same fees and mileage as allowed by law.

     (6)  Where in any proceeding before the board any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify, or shall refuse to produce any books and papers, the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state, in the same manner as are enforced for the attendance and testimony of witnesses in civil cases in the courts of this state.

     (7)  The board shall conduct the hearing in an orderly and continuous manner, granting continuances only when the ends of justice may be served.  The board shall, within sixty (60) days after conclusion of the hearing, reduce its decision to writing and forward an attested true copy thereof to the last-known residence or business address of such applicant, licensee or holder of a certificate, by way of United States first-class certified mail, postage prepaid.  Such applicant, licensee, holder of a certificate, or person aggrieved shall have the right of appeal from an adverse ruling, or order, or decision of the board to the Chancery Court of the First Judicial District of Hinds County, Mississippi, upon forwarding notice of appeal to the board within thirty (30) days after the decision of the board is mailed in the manner here contemplated.  An appeal will not be allowed in the event notice of appeal, together with the appeal bond hereinafter required, shall not have been forwarded to the board within the thirty-day period.  Appeal shall be to the Chancery Court of the First Judicial District of Hinds County, Mississippi.  The appeal shall thereupon be heard in due course by the court which shall review the record and make its determination thereon.

     (8)  The appellant shall, together with the notice of appeal, forward to and post with the board a satisfactory bond in the amount of Five Hundred Dollars ($500.00) for the payment of any costs which may be adjudged against him.

     (9)  In the event of an appeal, the court shall dispose of the appeal and enter its decision promptly.  The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation.  Except as otherwise provided in Section 1 of this act, if there is an appeal, such appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas.  However, any fine imposed by the board under the provisions of this chapter shall not take effect until after the time for appeal has expired, and an appeal of the imposition of such a fine shall act as a supersedeas.

     (10)  Any fine imposed by the board upon a licensee or holder of a certificate shall be in accordance with the following schedule:

          (a)  For the first violation, a fine of not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00) for each violation.

          (b)  For the second and each subsequent violation, a fine of not less than One Hundred Dollars ($100.00) nor more than Four Hundred Dollars ($400.00) for each violation.

     The power and authority of the board to impose such fines under this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations.

     (11)  In addition to the reasons specified in subsection (2) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     SECTION 9.  Section 73-9-61, Mississippi Code of 1972, is amended as follows:

     73-9-61.  (1)  Upon satisfactory proof, and in accordance with the provisions of Section 1 of this act and statutory provisions elsewhere set out for such hearings and protecting the rights of the accused as well as the public, the State Board of Dental Examiners may deny the issuance or renewal of a license or may revoke or suspend the license of any licensed dentist or dental hygienist practicing in the State of Mississippi, or take any other action in relation to the license as the board may deem proper under the circumstances, for any of the following reasons:

          (a)  Misrepresentation in obtaining a license, or attempting to obtain, obtaining, attempting to renew or renewing a license or professional credential by making any material misrepresentation, including the signing in his or her professional capacity any certificate that is known to be false at the time he or she makes or signs the certificate.

          (b)  Willful violation of any of the rules or regulations duly promulgated by the board, or of any of the rules or regulations duly promulgated by the appropriate dental licensure agency of another state or jurisdiction.

          (c)  Being impaired in the ability to practice dentistry or dental hygiene with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.

          (d)  Administering, dispensing or prescribing any prescriptive medication or drug outside the course of legitimate professional dental practice.

          (e)  Being convicted or found guilty of or entering a plea of nolo contendere to, regardless of adjudication, a violation of any federal or state law regulating the possession, distribution or use of any narcotic drug or any drug considered a controlled substance under state or federal law, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.

          (f)  Practicing incompetently or negligently, regardless of whether there is actual harm to the patient.

          (g)  Being convicted or found guilty of or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that relates to the practice of dentistry or dental hygiene, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.

          (h)  Being convicted or found guilty of or entering a plea of nolo contendere to, regardless of adjudication, a felony in any jurisdiction, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.

          (i)  Delegating professional responsibilities to a person who is not qualified by training, experience or licensure to perform them.

          (j)  The refusal of a licensing authority of another state or jurisdiction to issue or renew a license, permit or certificate to practice dentistry or dental hygiene in that jurisdiction or the revocation, suspension or other restriction imposed on a license, permit or certificate issued by the licensing authority that prevents or restricts practice in that jurisdiction, a certified copy of the disciplinary order or action taken by the other state or jurisdiction being prima facie evidence thereof, notwithstanding the pendency of any appeal.

          (k)  Surrender of a license or authorization to practice dentistry or dental hygiene in another state or jurisdiction when the board has reasonable cause to believe that the surrender is made to avoid or in anticipation of a disciplinary action.

          (l)  Any unprofessional conduct to be determined by the board on a case-by-case basis, which shall include, but not be restricted to, the following:

              (i)  Committing any crime involving moral turpitude.

              (ii)  Practicing deceit or other fraud upon the public.

              (iii)  Practicing dentistry or dental hygiene under a false or assumed name.

              (iv)  Advertising that is false, deceptive or misleading.

              (v)  Announcing a specialized practice shall be considered advertising that tends to deceive or mislead the public unless the dentist announcing as a specialist conforms to other statutory provisions and the duly promulgated rules or regulations of the board pertaining to practice of dentistry in the State of Mississippi.

          (m)  Failure to provide and maintain reasonable sanitary facilities and conditions or failure to follow board rules regarding infection control.

          (n)  Committing any act which would constitute sexual misconduct upon a patient or upon ancillary staff.  For purposes of this subsection, the term sexual misconduct means:

              (i)  Use of the licensee-patient relationship to engage or attempt to engage the patient in sexual activity; or

              (ii)  Conduct of a licensee that is intended to intimidate, coerce, influence or trick any person employed by or for the licensee in a dental practice or educational setting for the purpose of engaging in sexual activity or activity intended for the sexual gratification of the licensee.

          (o)  Violation of a lawful order of the board previously entered in a disciplinary or licensure hearing; failure to cooperate with any lawful request or investigation by the board; or failure to comply with a lawfully issued subpoena of the board.

          (p)  Willful, obstinate and continuing refusal to cooperate with the board in observing its rules and regulations in promptly paying all legal license or other fees required by law.

          (q)  Practicing dentistry or dental hygiene while the person's license is suspended.

          (r)  Violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners.  This paragraph shall stand repealed on July 1, 2025.

     (2)  In lieu of revocation of a license as provided for above, the board may suspend the license of the offending dentist or dental hygienist, suspend the sedation permit of the offending dentist, or take any other action in relation to his or her license as the board may deem proper under the circumstances.

     (3)  Except as otherwise provided in Section 1 of this act, when a license to practice dentistry or dental hygiene is revoked or suspended by the board, the board may, in its discretion, stay the revocation or suspension and simultaneously place the licensee on probation upon the condition that the licensee shall not violate the laws of the State of Mississippi pertaining to the practice of dentistry or dental hygiene and shall not violate the rules and regulations of the board and shall not violate any terms in relation to his or her license as may be set by the board.

     (4)  In a proceeding conducted under this section by the board for the denial, revocation or suspension of a license to practice dentistry or dental hygiene, the board shall have the power and authority for the grounds stated for that denial, revocation or suspension, and in addition thereto or in lieu of that denial, revocation or suspension may assess and levy upon any person licensed to practice dentistry or dental hygiene in the State of Mississippi, a monetary penalty, as follows:

          (a)  For the first violation of any of * * *subparagraph paragraph (a), (b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of subsection (1) of this section, a monetary penalty of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).

          (b)  For the second violation of any of * * *subparagraph paragraph (a), (b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of subsection (1) of this section, a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00).

          (c)  For the third and any subsequent violation of any of * * *subparagraph paragraph (a), (b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of subsection (1) of this section, a monetary penalty of not less than Five Hundred Dollars ($500.00) and not more than Five Thousand Dollars ($5,000.00).

          (d)  For any violation of any of * * *subparagraphs paragraphs (a) through (q) of subsection (1) of this section, those reasonable costs that are expended by the board in the investigation and conduct of a proceeding for licensure revocation or suspension, including, but not limited to, the cost of process service, court reporters, expert witnesses and investigators.

     (5)  The power and authority of the board to assess and levy monetary penalties under this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in this section.

     (6)  A licensee shall have the right of appeal from the assessment and levy of a monetary penalty as provided in this section under the same conditions as a right of appeal is provided elsewhere for appeals from an adverse ruling, order or decision of the board.

     (7)  Any monetary penalty assessed and levied under this section shall not take effect until after the time for appeal has expired.  Except as otherwise provided in Section 1 of this act, in the event of an appeal, the appeal shall act as a supersedeas.

     (8)  A monetary penalty assessed and levied under this section shall be paid to the board by the licensee upon the expiration of the period allowed for appeal of those penalties under this section or may be paid sooner if the licensee elects.  With the exception of subsection (4)(d) of this section, monetary penalties collected by the board under this section shall be deposited to the credit of the General Fund of the State Treasury.  Any monies collected by the board under subsection (4)(d) of this section shall be deposited into the special fund operating account of the board.

     (9)  When payment of a monetary penalty assessed and levied by the board against a licensee in accordance with this section is not paid by the licensee when due under this section, the board shall have power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county and judicial district of residence of the licensee, and if the licensee is a nonresident of the State of Mississippi, the proceedings shall be in the Chancery Court of the First Judicial District of Hinds County, Mississippi.

     (10)  In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     (11)  All grounds for disciplinary action, including imposition of fines and assessment of costs as enumerated above, shall also apply to any other license or permit issued by the board under this chapter or regulations duly adopted by the board.

     SECTION 10.  Section 73-9-65, Mississippi Code of 1972, is amended as follows:

     73-9-65.  No disciplinary action against a licensee shall be taken until the accused has been furnished a statement of the charges against him or her and a notice of the time and place of hearing thereof.  The accused may be present at the hearing in person, by counsel, or both.  The board may, for good cause shown, reinstate any license revoked or suspended.  The procedure for the reinstatement of a license that is suspended for being out of compliance with an order for support, as defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  The right to appeal any disciplinary actions of the board regarding the license of any dentist or dental hygienist is granted.  The appeal shall be to the chancery court of the county in which the dentist or dental hygienist resides, except where the dentist or dental hygienist does not reside in the State of Mississippi, in which case the appeal shall be to the Chancery Court of the First Judicial District of Hinds County, Mississippi.  The appeal must be taken within thirty (30) days after notice of the action of the board.  The appeal is perfected upon filing a notice of appeal, together with a bond in the sum of One Hundred Dollars ($100.00), with two (2) sureties, conditioned that if the action of the board regarding the license is affirmed by the chancery court the dentist or dental hygienist will pay the costs of the appeal and the action in the chancery court.  Those bonds shall be approved by the president of the board.  In lieu of the bond, the dentist or dental hygienist may deposit One Hundred Dollars ($100.00) with the clerk of the chancery court.  Except as otherwise provided in Section 1 of this act, if there is an appeal, the appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas.  The chancery court shall dispose of the appeal and enter its decision promptly.  The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation.  Appeals may be had to the Supreme Court of the State of Mississippi as provided by law from any final action of the chancery court.  Except as otherwise provided in Section 1 of this act, no such person shall be allowed to practice dentistry or dental hygiene or deliver health care services in violation of any action of the chancery court while any such appeal to the Supreme Court is pending.  All procedural appeal requirements as enumerated above also shall apply to any other license or permit issued by the board under this chapter or regulations duly adopted by the board.

     Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

     SECTION 11.  Section 73-10-21, Mississippi Code of 1972, is amended as follows:

     73-10-21.  (1)  Rules, regulations and standards.

          (a)  The board is empowered, authorized and directed to adopt, amend, promulgate and enforce such rules, regulations and standards governing dietitians as may be necessary to further the accomplishment of the purpose of the governing law, and in so doing shall utilize as the basis thereof the corresponding recommendations of the advisory council.  The rules, regulations and minimum standards for licensing of dietitians may be amended by the board as deemed necessary.  In so doing, the board shall utilize as the basis thereof the corresponding recommendations of the advisory council.

          (b)  The board shall publish and disseminate to all licensees, in appropriate manner, the licensure standards prescribed by this chapter, any amendments thereto, and such rules and regulations as the board may adopt under the authority vested by Section 73-38-13, within sixty (60) days of their adoption.

     (2)  The board shall adopt a code of ethics for dietitians using as the basis thereof the ADA "Code of Ethics for the Profession of Dietetics."

     (3)  Issuance and renewal of licenses.

          (a)  The board shall issue a license to any person who meets the requirements of this chapter upon payment of the license fee prescribed.

          (b)  Except as provided in Section 33-1-39, licenses under this chapter shall be valid for two (2) calendar years and shall be subject to renewal and shall expire unless renewed in the manner prescribed by the rules and regulations of the board, upon the payment of a biennial renewal fee to be set at the discretion of the board, but not to exceed One Hundred Dollars ($100.00), and the presentation of evidence satisfactory to the board that the licensee has met such continuing education requirements as the board may require.  Any increase in the fee charged by the board under this paragraph shall be in accordance with the provisions of Section 41-3-65.  An applicant for license renewal shall demonstrate to the board evidence of satisfactory completion of the continuing education requirements established by the American Dietetic Association and/or other continuing education requirements as may be required by the board.

          (c)  The board may provide for the late renewal of a license upon the payment of a late fee in accordance with its rules and regulations, but no such late renewal of a license may be granted more than one (1) year after its expiration.  Any increase in the fee charged by the board under this paragraph shall be in accordance with the provisions of Section 41-3-65.

          (d)  Except as otherwise provided in Section 1 of this act, a suspended license shall be subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other conduct or activity in violation of the order of judgment by which the license was suspended.  If a license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the renewal fee and any late fee that may be applicable.

     (4)  Denial or revocation of license.

          (a)  The board may deny or refuse to renew a license, or suspend or revoke a license, or issue orders to cease or desist from certain conduct, or issue warnings or reprimands where the licensee or applicant for license has been convicted of unlawful conduct or has demonstrated unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public.  Such conduct includes:

              (i)  Obtaining a license by means of fraud, misrepresentation or concealment of material facts;

              (ii)  Being guilty of unprofessional conduct as defined by the rules and established by the board or violating the Code of Ethics of the American Dietetic Association;

              (iii)  Being convicted of a crime in any court other than a misdemeanor;

              (iv)  Violating any lawful order, rule or regulation rendered or adopted by the board; or

              (v)  Violating any provision of this chapter.

          (b)  Such denial, refusal to renew, suspension, revocation, order to cease and desist from designated conduct, or warning or reprimand may be ordered by the board in a decision made after a hearing in the manner provided by the rules and regulations adopted by the board.  One (1) year from the date of the revocation of a license, application may be made to the board for reinstatement.  The board shall have discretion to accept or reject an application for reinstatement and may, but shall not be required to, hold a hearing to consider such reinstatement.

          (c)  In addition to the reasons specified in paragraph (a) of this subsection (4), the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     (5)  Establish fees.

          (a)  A person licensed under this chapter shall pay to the board a fee, not to exceed One Hundred Dollars ($100.00), to be set by the board for the issuance of a license.

          (b)  Such fees shall be set in such an amount as to reimburse the state to the extent feasible for the cost of the services rendered.

          (c)  Any increase in the fee charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65.

     (6)  Collect funds.

          (a)  The administration of the provisions of this chapter shall be financed from income accruing from fees, licenses and other charges assessed and collected by the board in administering this chapter.

          (b)  The board shall receive and account for all funds received and shall keep such funds in a separate fund.

          (c)  Funds collected under the provisions of this chapter shall be used solely for the expenses of the advisory council and the board to administer the provisions of this chapter.  Such funds shall be subject to audit by the State Auditor.

          (d)  Members of the advisory council shall receive no compensation for services performed on the council, but may be reimbursed for necessary and actual expenses incurred in connection with attendance at meetings of the council or for authorized business of the council from funds made available for such purpose, as provided in Section 25-3-41.

     (7)  Receive and process complaints.

          (a)  The board shall have full authority to investigate and evaluate each and every applicant applying for a license to practice dietetics, with the advice of the advisory council.

          (b)  The board shall have the authority to issue subpoenas, examine witnesses and administer oaths, and shall, at its discretion, investigate allegations or practices violating the provisions of this chapter, and in so doing shall have power to seek injunctive relief to prohibit any person from providing professional dietetic services as defined in Section 73-10-3(1)(j) without being licensed as provided herein.

     (8)  A license certificate issued by the board is the property of the board and must be surrendered on demand.

     SECTION 12.  Section 73-11-57, Mississippi Code of 1972, is amended as follows:

     73-11-57.  (1)  The board, upon satisfactory proof at proper hearing and in accordance with the provisions of this chapter and the regulations of the board, may suspend, revoke, or refuse to issue or renew any license under this chapter, reprimand or place the holder of a license on a term of probation, and/or take any other action in relation to a license as the board may deem proper under the circumstances upon any of the following grounds:

          (a)  The employment of fraud or deception in applying for a license or in passing the examination provided for in this chapter;

          (b)  The erroneous issuance of a license to any person;

          (c)  The conviction of a felony by any court in this state or any federal court or by the court of any other state or territory of the United States; having been convicted of or pled guilty to a felony in the courts of this state or any other state, territory or country which would prevent a person from holding elected office.  Conviction, as used in this paragraph, shall include a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, an admission of guilty, or a plea of nolo contendere;

          (d)  The practice of embalming under a false name or without a license for the practice of funeral service;

          (e)  The impersonation of another funeral service or funeral directing licensee;

          (f)  The permitting of a person other than a funeral service or funeral directing licensee to make arrangements for a funeral and/or form of disposition;

          (g)  Violation of any provision of this chapter or any rule or regulation of the board;

          (h)  Having had a license for the practice of funeral service or funeral directing suspended or revoked in any jurisdiction, having voluntarily surrendered his license in any jurisdiction, having been placed on probation in any jurisdiction, having been placed under disciplinary order(s) or other restriction in any manner for funeral directing and/or funeral service, or operating a funeral establishment (a certified copy of the order of suspension, revocation, probation or disciplinary action shall be prima facie evidence of such action);

          (i)  Solicitation of dead human bodies by the licensee, his agents, assistants or employees, whether such solicitation occurs after death or when death is imminent; if the person solicited has made known a desire not to receive the communication, or if the solicitation involves coercion, duress or harassment, or if the solicitation takes place at the residence of the client or prospective client and is uninvited by the client or prospective client and has not been previously agreed to by the client or prospective client; however, this shall not be deemed to prohibit general advertising;

          (j)  Employment directly or indirectly of any apprentice, agent, assistant, employee, or other person, on a part-time or full-time basis or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral establishment;

          (k)  Failure to give full cooperation to the board and/or its designees, agents or other representatives in the performance of official duties of the board.  Such failure to cooperate includes, but is not limited to:

              (i)  Not furnishing any relevant papers or documents requested by or for the board;

              (ii)  Not furnishing, in writing, an adequate explanation covering the matter contained in a complaint filed with the board;

              (iii)  Not responding without cause to subpoenas issued by the board, whether or not the licensee is the party charged in any preceding before the board;

              (iv)  Not reasonably providing access, as directed by the board for its authorized agents or representatives seeking to perform reviews or inspections at facilities or places utilized by the license holder in the practice of funeral service or funeral directing and/or in performing any other activity regulated by the board under this chapter;

              (v)  Failure to provide information within the specified time allotted and as required by the board and/or its representatives or designees;

              (vi)  Failure to cooperate with the board or its designees or representatives in the investigation of any alleged misconduct or interfering with a board investigation by willful misrepresentation of facts;

              (vii)  Deceiving or attempting to deceive the board regarding any matter under investigation, including altering or destroying any records; and

              (viii)  Failure, without good cause, to cooperate with any request by the board to appear before it;

          (l)  Knowingly performing any act that in any way assists an unlicensed person to practice funeral service or funeral directing;

          (m)  Knowingly making a false statement on death certificates;

          (n)  Conviction of a crime involving moral turpitude;

          (o)  Violating any statute, ordinance, rule or regulation of the state or any of its boards, agencies or political subdivisions affecting the registration of deaths or the handling, custody, care or transportation of dead human bodies; or

          (p)  Unprofessional conduct in the practice of funeral service or funeral directing which includes, but is not limited to:

              (i)  Retaining a dead human body for the payment of a fee for the performance of services that are not authorized;

              (ii)  Knowingly performing any act which in any way assists an unlicensed person to practice funeral service or funeral directing;

              (iii)  Being guilty of any dishonorable conduct likely to deceive, defraud or harm the public;

              (iv)  Any act or omission in the practice of funeral service or directing which constitutes dishonesty, fraud or misrepresentation with the intent to benefit the licensee, another person or funeral establishment, or with the intent to substantially injure another person, licensee or funeral establishment; or

              (v)  Any act or conduct, whether the same or of a different character than specified above, which constitutes or demonstrates bad faith, incompetency or untrustworthiness; or dishonest, fraudulent or improper dealing; or any other violation of the provisions of this chapter, the rules and regulations established by the board or any rule or regulation promulgated by the Federal Trade Commission relative to the practice of funeral service or funeral directing.

     (2)  Any person, including a member of the board, may initiate a complaint against a licensee of the board by filing with the board a written complaint on a form prescribed by the board.

          (a)  Upon receipt of a properly verified complaint, the board shall send a copy of the complaint to the affected licensee by certified mail to the address of such licensee appearing of record with the board.  The licensee shall answer the complaint in writing within * * *twenty (20) thirty (30) days after receipt of the complaint.  The licensee shall mail a copy of his, her or its response to the board and the complainant.  Upon receipt of the licensee's response or lapse of * * *twenty (20) thirty (30) days, the board is authorized to investigate a complaint that appears to show the existence of any of the causes or grounds for disciplinary action as provided in Section 73-11-57.  Upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, the board may, in its discretion, cause a hearing to be held, at a time and place fixed by the board, regarding the charges that a violation of this chapter has occurred.  The board shall order a hearing for the licensee to appear and show cause why he/she should not be disciplined for a violation of this chapter.

          (b)  The board shall give the complainant and the affected licensee * * *twenty (20) thirty (30) days' notice of any hearing upon a complaint.  Such notice shall be by United States certified mail.

          (c)  Any party appearing before the board may be accompanied by counsel.

          (d)  Before commencing a hearing, the chairman or designee of the board shall determine if all parties are present and ready to proceed.  If the complainant fails to attend a hearing without good cause shown, the complaint shall be dismissed summarily and all fees and expenses of convening the hearing shall be assessed to, and paid by, the complainant.  If any affected licensee fails to appear for a hearing without good cause shown, such licensee shall be presumed to have waived his right to appear before the board and be heard.

          (e)  Upon the chair's determination that all parties are ready to proceed, the chair or designee shall call the hearing to order and the complainant and the licensee may give opening statements.  The board may order the sequestration of nonparty witnesses.

          (f)  The complainant shall then present his, her or its complaint.  The licensee, any counsel and any member or designee of the board may ask questions of witnesses.

          (g)  The licensee shall then present his, her or its case in rebuttal.  The complainant, any counsel and any member or designee of the board may ask questions of witnesses.

          (h)  At the completion of the evidence, all parties may give closing statements.

          (i)  At the conclusion of the hearing, the board may either decide the issue at that time or take the case under advisement for further deliberation.  The board shall render its decision not more than ninety (90) days after the close of the hearing and shall forward the decision to the last-known business or residence address of the parties.

     (3)  The board, on its own motion, may file a formal complaint against a licensee.

     (4)  Except as otherwise provided in Section 1 of this act, the board may temporarily suspend a license under this chapter without any hearing, simultaneously with the institution of proceedings under this section, if it finds that the evidence in support of the board's determination is clear, competent and unequivocal and that the licensee's continuation in practice would constitute an imminent danger to public health and safety.

     (5)  The board may, upon satisfactory proof that the applicant or licensee has been guilty of any of the offenses above enumerated, take the action authorized by this section against an applicant or licensee of the board upon a majority vote of the board members, after a hearing thereon.  The board is vested with full power and authority to hold and conduct such hearings, compel the attendance of witnesses and the production of books, records and documents, issue subpoenas therefor, administer oaths, examine witnesses, and do all things necessary to properly conduct such hearings.  The board may waive the necessity of a hearing if the person accused of a violation admits that he has been guilty of such offense.  Any person who has been refused a license or whose license has been revoked or suspended may, within thirty (30) days after the decision of the board, file with the board a written notice stating that he feels himself aggrieved by such decision and may appeal therefrom to the * * *circuit chancery court of the county and judicial district of residence of the person, or if the person is a nonresident of the State of Mississippi, to the * * *Circuit Chancery Court of the First Judicial District of Hinds County.  The * * *circuit chancery court shall determine the action of the board was in accord or consistent with law, or was arbitrary, unwarranted or an abuse of discretion.  The appeal shall be perfected upon filing notice of the appeal with the * * *circuit chancery court and by the prepayment of all costs, including the cost of the preparation of the record of the proceedings by the board.  An appeal from the * * *circuit chancery court judgment or decree may be reviewed by the Supreme Court as is provided by law for other appeals. * * *  An appeal of a decision or order of the board does not act as a supersedeas.

     (6)  In addition to any other power that it has, the board may, upon finding that an applicant or licensee has committed any of the violations listed in Section 73-11-57(1), impose a monetary penalty as follows:

          (a)  For the first violation of any of the subparagraphs of subsection (1) of this section, a monetary penalty of not more than Five Hundred Dollars ($500.00).

          (b)  For the second violation of any of the subparagraphs of subsection (1) of this section, a monetary penalty of not more than One Thousand Dollars ($1,000.00).

          (c)  For the third and any subsequent violation of any of the subparagraphs of subsection (1) of this section, a monetary penalty of not more than Five Thousand Dollars ($5,000.00).

          (d)  For any violation of any of the subparagraphs of subsection (1) of this section, those reasonable costs that are expended by the board in the investigation and conduct of a proceeding for licensure revocation or suspension, including, but not limited to, the cost of process service, court reporters, expert witnesses and investigators.

     (7)  The power and authority of the board to assess and levy such monetary penalties hereunder shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in this section.

     (8)  A licensee shall have the right of appeal from the assessment and levy of a monetary penalty as provided in this section under the same conditions as a right of appeal is provided elsewhere for appeals from an adverse ruling, order or decision of the board.

     (9)  Any monetary penalty assessed and levied under this section shall not take effect until after the time for appeal shall have expired.

     (10)  A monetary penalty assessed and levied under this section shall be paid to the board by the licensee upon the expiration of the period allowed for appeal of such penalties under this section or may be paid sooner if the licensee elects.

     With the exception of subsection (5)(d) of this section, monetary penalties collected by the board under this section shall be deposited in the State Treasury to the credit of the State Board of Funeral Service.  Any monies collected by the board under subsection (5)(d) of this section shall be deposited into the special fund operating account of the board.

     (11)  When payment of a monetary penalty assessed and levied by the board against a licensee in accordance with this section is not paid by the licensee when due under this section, the board shall have power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county and judicial district of residence of the licensee, or if the licensee is a nonresident of the State of Mississippi, in the Chancery Court of the First Judicial District of Hinds County, Mississippi.

     (12)  In any administrative or judicial proceeding in which the board prevails, the board shall have the right to recover reasonable attorney fees.

     (13)  In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     SECTION 13.  Section 73-13-37, Mississippi Code of 1972, is amended as follows:

     73-13-37.  (1)  The board, upon satisfactory proof and in accordance with the provisions of this chapter and the implementing regulations of the board pertaining thereto, is authorized to take the disciplinary actions provided for hereinafter against any person or firm practicing engineering or surveying, including nonregistrants, for any of the following reasons:

          (a)  Violating any of the provisions of Sections 73-13-1 through 73-13-45 or the implementing bylaws, rules, regulations, or standards of ethics or conduct duly adopted and promulgated by the board pertaining to the practice of engineering;

          (b)  Fraud, deceit or misrepresentation in obtaining a certificate of licensure;

          (c)  Gross negligence, malpractice or incompetency;

          (d)  Any professional misconduct, as defined by the board through bylaws, rules and regulations, and standards of conduct and ethics;

          (e)  Practicing or offering to practice engineering on an expired certificate or while under suspension or revocation of certificate unless said suspension or revocation be abated through probation, as provided for hereinafter; or

          (f)  Addiction to or dependence on alcohol or other habit-forming drugs or being an habitual user of alcohol, narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effect.

     (2)  Any person may prefer charges against any other person practicing engineering or surveying, including nonlicensees, for committing any of the acts set forth in subsection (1).  Such charges shall be sworn to, either upon actual knowledge or upon information and belief, and shall be filed with the board.  In the event any person certified under Sections 73-13-1 through 73-13-45 is expelled from membership in any Mississippi professional engineering society or association, the board shall thereafter cite said person to appear at a hearing before the board and to show cause why disciplinary action should not be taken against him.

     The board shall investigate all charges filed with it and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, may, in its discretion, cause a hearing to be held, at a time and place fixed by the board, regarding the charges and may compel the accused by subpoena to appear before the board to respond to said charges.

     No disciplinary action taken hereunder may be taken until the accused has been furnished both a statement of the charges against him and notice of the time and place of the hearing thereof, which shall be personally served on or mailed by registered or certified mail, return receipt requested, to the last-known business or residence address of the accused not less than thirty (30) days prior to the date fixed for the hearing.

     Notice on a firm shall be had by notice on the principal or officer designated by the firm as having management or supervision of the engineering/surveying practice, or on the registered agent in the case of a corporation not domiciled in Mississippi.

     (3)  At any hearing held hereunder, the board shall have the power to subpoena witnesses and compel their attendance and may also require the production of books, papers, documents, etc., as provided elsewhere in this chapter.  The board is authorized to designate or secure a hearing officer to conduct the hearing.  All evidence shall be presented under oath, which may be administered by any member of the board, and thereafter the proceedings may, if necessary, be transcribed in full by the court reporter and filed as part of the record in the case.  Copies of such transcriptions may be provided to any party to the proceedings at a cost to be fixed by the board.

     All witnesses who shall be subpoenaed and who shall appear in any proceedings before the board shall receive the same fees and mileage as allowed by law in judicial civil proceedings, and all such fees shall be taxed as part of the costs in the case.

     Where in any proceeding before the board any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify or shall refuse to produce any books and papers, the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.

     The accused shall have the right to be present at the hearing in person, by counsel or other representative, or both.  The board is authorized to continue or recess the hearing as may be necessary.

     (4)  At the conclusion of the hearing, the board may either decide the issue at that time or take the case under advisement for further deliberation.  The board shall render its decision not more than ninety (90) days after the close of the hearing, and shall forward to the last-known business or residence address of the accused, by certified or registered mail, return receipt requested, a written statement of the decision of the board.

     If a majority of the board finds the accused guilty of the charges filed, the board may:  (a) issue a public or private reprimand; (b) require the guilty party to complete a course or courses, approved by the board, in ethics or other appropriate subjects; (c) suspend or revoke the certificate of the accused, if the accused is a licensee; and/or (d) in lieu of or in addition to such reprimand, course completion, suspension or revocation, assess and levy upon the guilty party a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for each violation.

     (5)  A monetary penalty assessed and levied under this section shall be paid to the board upon the expiration of the period allowed for appeal of such penalties under this section, or may be paid sooner if the guilty party elects.  Money collected by the board under this section shall be deposited to the credit of the board's special fund in the State Treasury.

     When payment of a monetary penalty assessed and levied by the board in accordance with this section is not paid when due, the board shall have the power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county and judicial district of residence of the guilty party and if the guilty party be a nonresident of the State of Mississippi, such proceedings shall be in the Chancery Court of the First Judicial District of Hinds County, Mississippi.

     (6)  When the board has taken a disciplinary action under this section, the board may, in its discretion, stay such action and place the guilty party on probation for a period not to exceed one (1) year upon the condition that the guilty party shall not further violate either the laws of the State of Mississippi pertaining to the practice of engineering or the bylaws, rules and regulations, or standards of conduct and ethics promulgated by the board.

     (7)  The board, in its discretion, may assess and tax any part or all of the costs of any disciplinary proceedings conducted under this section against either the accused, the charging party, or both, as it may elect.

     (8)  The power and authority of the board to assess and levy the monetary penalties provided for in this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in this section.

     (9)  The board, for sufficient cause, may reissue a revoked certificate of licensure or authority whenever a majority of the board members vote to do so.

     (10)  Any person or firm aggrieved by an action of the board denying or revoking his certificate of licensure or authority or relicensure as a professional engineer or his certificate of enrollment as an engineer intern, or who is aggrieved by the action of the board as a result of disciplinary proceedings conducted under this section may appeal therefrom to the chancery court of either the county wherein the appellant resides or the Chancery Court of the First Judicial District of Hinds County, at the election of the appellant.  If the appellant is a nonresident of this state, the appeal shall be made to the Chancery Court of the First Judicial District of Hinds County.  Such appeal shall be perfected before the board by the filing with the board of a notice of appeal to the chancery court.  The court shall require a bond in an amount not to exceed One Thousand Dollars ($1,000.00) conditioned to pay all costs which may be adjudged against the appellant.  The notice of appeal shall be filed not later than thirty (30) days after the decision of the board is forwarded to the guilty party, as provided hereinabove.

     Except as otherwise provided in Section 1 of this act, all appeals perfected hereunder shall * * *not act as a supersedeas, and shall be made to the chancery court solely upon the record made before the board during the disciplinary hearing.  When the appeal shall have been properly perfected as provided herein, the board shall cause the record of the proceedings conducted before it to be compiled, certified and filed with the chancery court.  The briefing schedule shall be the same as for appeals to the Supreme Court.  The chancery court shall be required to rule on the case within sixty (60) days of the close of briefing.  All procedures and penalties provided for in this section shall apply to nonlicensees as well as licensees.

     (11)  In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the certificate of licensure of any person for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a certificate for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a certificate suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a certificate suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a certificate when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a suspension of a certificate that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     (12)  Any board member whose objectivity in a disciplinary proceeding is impaired shall either recuse himself from sitting as a member of the board in a formal disciplinary hearing in that proceeding or be disqualified therefrom.  In the event a disciplinary proceeding is brought against a member or former member of the board, no member of the board who has served concurrently with the respondent in the disciplinary proceeding shall sit as a member of the board in a formal disciplinary hearing in that proceeding.  If, after recusal or disqualification of board members as provided herein, there does not remain a quorum of the board to sit for a disciplinary hearing, the board shall have the power to select, in accordance with duly promulgated regulations of the board, substitute panel members from slates of candidates established by the Mississippi Engineering Society and the Mississippi Association of Professional Surveyors to the extent necessary to achieve the number of panel members equivalent to a quorum of the board.  Substitute panel members must meet the qualifications of board members as provided in Section 73-13-7 and shall receive compensation as provided for board members in Section 73-13-9.

     SECTION 14.  Section 73-13-93, Mississippi Code of 1972, is amended as follows:

     73-13-93.  Any person who may feel aggrieved by an action of the board denying or revoking his certificate of licensure or relicensure as a professional surveyor or enrollment as surveyor intern may appeal therefrom to the chancery court of the county of residence of such person and, after full hearing, the court shall make such order sustaining or reversing the action of the board as to it may seem just and proper.  Such appeal shall act as a supersedeas as provided in Section 1 of this act.  However, in case of a nonresident licensee or applicant, such appeal shall be taken or made to the Chancery Court of the First Judicial District of Hinds County, Mississippi.

     Actions taken by the board in suspending a certificate of licensure when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a suspension of a certificate that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

     SECTION 15.  Section 73-14-39, Mississippi Code of 1972, is amended as follows:

     73-14-39.  (1)  From any revocation, the person charged may, within thirty (30) days thereof, appeal to the chancery court of the county of the residence of the licensee.

     (2)  Notice of appeals shall be filed in the office of the clerk of the court, who shall issue a writ of certiorari directed to the board, commanding it within ten (10) days after service thereof to certify to such court its entire record in the matter in which the appeal has been taken.  The appeal shall thereupon be heard in the due course by said court without a jury, and the court shall review the record and make its determination of the cause between the parties.

     (3)  Any order, rule or decision of the board shall not take effect until after the time of appeal in the said court shall have expired.  Except as otherwise provided in Section 1 of this act, if there is an appeal, such appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas.  The chancery court shall dispose of the appeal and enter its decision promptly.  The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation.

     (4)  Any person taking an appeal shall post a satisfactory bond in the amount of Two Hundred Dollars ($200.00) for payment of any costs which may be adjudged against him.

     (5)  Actions taken by the board in suspending a certificate of registration when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a suspension of a certificate that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

     SECTION 16.  Section 73-15-31, Mississippi Code of 1972, is amended as follows:

     73-15-31.  (1)  Charges may be brought upon sworn affidavit filed by the Board of Nursing against any licensee who has allegedly committed any act in violation of this article that is grounds for disciplinary action.  Upon receiving the sworn affidavit charging a licensee with an act which is a ground for disciplinary action under this article, the executive director or designee of the board shall fix a time and place for a hearing and shall cause a copy of the specific allegations and charges to be sent by certified mail or served by personal service of process together with notice of the time and place fixed for the hearing, to be served upon the accused at least fifteen (15) days prior thereto.  The accused may waive notice of the hearing in writing and the board may grant the accused at least one (1) extension of time, upon the request of the accused.  When personal service of process or service of process by certified mail cannot be effected, the executive director of the board shall cause to be published once in each of three (3) successive weeks a notice of the hearing in the newspapers published in the county in which the accused last practiced according to the records of the board, or in the county in which the accused last resided.  When publication of the notice is necessary, the date of the hearing shall not be less than ten (10) days after the last date of the notice. 

     (2)  The board, acting by and through its executive director, shall have the power to subpoena persons and compel the production of any records, including, but not limited to, hospital and physician's records, papers and other documents, which shall be served in accordance with law for the Board of Nursing and on behalf of the accused.  The person providing copies shall prepare them from the original records and shall delete from the copy provided pursuant to the subpoena the name of the individual by numbered code, to be retained by the custodian of the records from which the copies were made.  Upon certification of the custodian that the copies are true and complete except for the individual's name, they shall be deemed authentic, subject to the right to inspect the originals for the limited purpose of ascertaining the accuracy of the copies.  No privilege of confidentiality shall exist with respect to such copies, and no liabilities shall lie against the board or the custodian for furnishing or using such copies in accordance with this article. 

     (3)  All records of the investigation and all patient charts, records, emergency room records or any other document that may have been copied shall be kept confidential and shall not be subject to discovery or subpoena.  If no disciplinary proceedings are initiated within a period of five (5) years after the determination of insufficient cause, then the board shall destroy all records obtained pursuant to this section. 

     (4)  At the hearings the board shall administer oaths as may be necessary for the proper conduct of the hearings.  The accused shall have the right to appear either personally or by counsel, or both, to produce witnesses or evidence in his or her behalf, to cross-examine witnesses, and to have subpoenas issued by the board.  All disciplinary hearings shall be conducted by a hearing panel consisting of three (3) members of the board, designated on a rotating basis by the board.  All disciplinary hearings or appeals before the board and the Attorney General, and/or a designee thereof, shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of its proceedings, but the determination shall be based upon sufficient legal evidence to sustain it.  A final decision by the hearing panel and by the board on appeal shall include findings of fact and conclusions of law, separately stated, of which the accused shall receive a copy. 

     (5)  If the hearing panel determines that probable cause and sufficient legal evidence exist to believe that an applicant does not possess the qualifications required by this article or that an accused has violated any of the provisions of this article, the hearing panel may refuse to issue a license to the applicant, or revoke, suspend, refuse to renew a license, or revoke or suspend the privilege to practice, or otherwise discipline the accused as prescribed in this article. 

     (6)  No previously issued license to practice nursing as a registered nurse or as a licensed practical nurse shall be revoked or suspended until after a hearing conducted pursuant to this article, except where the board finds there is imminent danger to the public health or safety that warrants injunctive relief provided in this article. 

     (7)  A revoked or suspended license may be reissued after one (1) year, in the discretion of the hearing panel.  A revoked or suspended privilege to practice may be reinstated after one (1) year, in the discretion of the hearing panel.  The denial of an application to renew an existing license shall be treated in all respects as a revocation.  The procedure for the reissuance of a license or reinstatement of the privilege to practice that is suspended for being out of compliance with an order for support, as defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. 

     (8)  The hearing panel need not find that the actions that are grounds for discipline were willful, but it may consider the same in determining the nature of the disciplinary actions imposed. 

     (9)  The right to appeal from the action of the hearing panel to the full membership of the board in denying, revoking, suspending or refusing to renew any license issued by the board, or revoking or suspending any privilege to practice, or fining or otherwise disciplining any person practicing as a registered nurse or licensed practical nurse, is granted.  The appeal must be taken within thirty (30) days after notice of the action of the hearing panel in denying, revoking, suspending or refusing to renew the license, or revoking or suspending the privilege to practice, or fining or otherwise disciplining the person, and is perfected upon filing notice of appeal and Fifty Dollars ($50.00) with the executive director of the board. 

     (10)  The right to appeal from the action of the board in affirming the denial, revocation, suspension or refusal to renew any license issued by the board, or revoking or suspending any privilege to practice, or fining or otherwise disciplining of any person practicing as a registered nurse or a licensed practical nurse, is granted.  Such appeal shall be to the chancery court of the county of the residence of the licensee on the record made, including a verbatim transcript of the testimony at the hearing.  The appeal must be taken within thirty (30) days after notice of the action of the board in denying, revoking, suspending or refusing to renew the license, or revoking or suspending the privilege to practice, or fining or otherwise disciplining the person.  The appeal is perfected upon filing notice of the appeal, together with a bond in the sum of One Hundred Dollars ($100.00), with two (2) sureties, conditioned that if the action of the board in denying, revoking, suspending or refusing to renew the license, or revoking or suspending the privilege to practice, or fining or otherwise disciplining the person, be affirmed by the chancery court the nurse will pay the costs of the appeal and the action in the chancery court.  Such bond shall be approved by the president of the board.  In lieu of the bond, the nurse may deposit One Hundred Dollars ($100.00) with the clerk of the chancery court.  Appeals may be had to the Supreme Court of the State of Mississippi as provided by law from any final action of the chancery court.  Except as otherwise provided in Section 1 of this act, no such person shall be allowed to practice nursing or deliver health care services in violation of any action of the chancery court denying, revoking, suspending, restricting or refusing to renew a license or revoking or suspending the privilege to practice while any such appeal to the Supreme Court is pending.  Actions taken by the board in suspending a license or suspending the privilege to practice when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension or suspension of the privilege to practice that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. 

     (11)  Nothing contained in this article shall be construed to bar any criminal prosecutions for violation of this article or any regulations promulgated hereunder. 

     (12)  Any member of the board and any witness appearing before the board shall be immune from suit in any civil action brought by a licensee who is the subject of a review hearing if such member or witness acts in good faith within the scope of the board and has made a reasonable effort to obtain the facts of the matter as to which the individual acts, and acts in the reasonable belief that the action taken is warranted by the facts. 

     (13)  Proceedings in progress on July 1, 1998, to deny, revoke, suspend or refuse to renew any license, or fine or otherwise discipline a licensee, shall not abate by reason of this article.

     SECTION 17.  Section 73-17-15, Mississippi Code of 1972, is amended as follows:

     73-17-15.  (1)  (a)  The board is authorized to investigate, either on the basis of complaints filed with it or on its own initiative, instances of suspected violations of this chapter of any nature, including, but not limited to:  performing the duties of a nursing home administrator without a license; the providing of false information to the board either incident to an application for a license, incident to a hearing, or otherwise; maladministration; unethical conduct; incompetence; the conviction of a licensee of a felony; the misappropriation of funds; or of any other matter reflecting unfavorably upon the holder of a license under this chapter or an applicant therefor.  On the basis of information developed during such an investigation, the board may (i) revoke, suspend, or refuse to renew any license issued by the board, (ii) deny an application for a license, or (iii) reprimand, place on probation, and/or take any other action in relation to a license, as the board may deem proper under the circumstances.  Whenever the results of such an investigation are filed, the executive director of the board shall set a day for a hearing and shall notify the licensee that on the day fixed for hearing he or she may appear and show cause, if any, why his or her license should not be revoked, suspended, or other action taken in relation to his or her license.  The notice shall be transmitted to the licensee by certified United States mail to the address of the licensee appearing of record with the board.

          (b)  In cases where violations of this chapter have been substantiated, the board may assess a monetary penalty for those reasonable costs that are expended by the board in the investigation and conduct of a proceeding for licensure revocation, suspension or restriction, including, but not limited to, the cost of process service, court reporters, expert witnesses and investigations.

     (2)  The board, upon finding and determining that any person represents himself or herself to be a nursing home administrator or performs any or all of the services, acts or duties of a nursing home administrator as defined in this chapter without a license, is authorized to petition the chancery court of the county in which the unauthorized acts have been, are being or may be committed, for writ or writs of injunction prohibiting the unauthorized acts.  This provision is supplemental and in addition to the penal provisions set forth in Section 73-17-13.

     (3)  Any licensee whose license has been revoked or suspended, or who has been placed on probation or reprimanded after a contested hearing, may appeal that action of the board to the chancery court of the county in which the nursing home administrator is practicing, which appeal shall not be a de novo appeal but shall be determined upon an official transcript of the record of the contested hearing.  Appeals to the chancery court shall be taken within ten (10) days from the date of the board's order and shall be taken, perfected, heard and determined either in termtime or in vacation, and the appeals shall be heard and disposed of promptly by the court.  Appeals from the board shall be taken and perfected by the filing of a bond in the sum of Two Hundred Fifty Dollars ($250.00) with two (2) sureties, or with a surety company qualified to do business in Mississippi as surety, conditioned to pay the costs of the appeal.  The bond shall be payable to the state and shall be approved by the clerk of the chancery court.  The bond may be enforced in its name as other judicial bonds filed in the chancery court, and judgment may be entered upon those bonds and process and execution shall issue upon those judgments as provided by law in other cases.  Upon approval of the bond by the clerk of the chancery court, the clerk shall give notice to the board of the appeal from the decision of the board.  It thereupon shall be the duty of the board through its duly authorized representative to promptly transmit to the clerk of the chancery court in which the appeal is pending a certified copy of the order of the board and all documents filed relating to the board's action against the licensee, together with a transcript of the testimony, both oral and documentary, introduced for consideration by the board both in support of and in opposition to the action, which appeal shall be docketed by the clerk and shall be determined by the court based upon the record.  Except as otherwise provided in Section 1 of this act, if there is an appeal, the appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas.  The chancery court shall dispose of the appeal and enter its decision promptly.  The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation.

     (4)  Appeals from the decision of the chancery court may be taken by either the board or the licensee to the Supreme Court as in the case of appeals generally from the chancery court to the Supreme Court.

     (5)  In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  Actions taken by the board in revoking a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     SECTION 18.  Section 73-19-45, Mississippi Code of 1972, is amended as follows:

     73-19-45.  (1)  The right to appeal from a final action of the board is hereby granted.  Such appeal shall be to the chancery court of the county of residence of the licensee and shall be on the record made, including a verbatim transcript of the testimony at the hearing.  The appeal shall be taken within thirty (30) days after notice of the action of the board.  The appeal shall be perfected upon filing notice of the appeal with the chancery court and by the prepayment of all costs, including the cost of the preparation of the record of the proceedings by the board, and the filing of a bond in the sum of Two Hundred Dollars ($200.00), conditioned that if the action of the board be affirmed by the chancery court, the licensee will pay the costs of the appeal and the action in the chancery court.  A copy of the Notice of Appeal shall be served upon board counsel. 

     (2)  Except as otherwise provided in Section 1 of this act, if there is an appeal, such appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas.  The chancery court shall dispose of the appeal and enter its decision promptly.  The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation.  The scope of review of the chancery court shall be limited to a review of the record made before the board to determine if the action of the board is unlawful for the reason that it was (a) not supported by substantial evidence, (b) arbitrary or capricious, (c) beyond the power of the board to make, or (d) in violation of some statutory or constitutional right of the appellant.  The decision of the chancery court may be appealed to the Supreme Court in the manner provided by the rules of the Supreme Court. 

     (3)  Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

     SECTION 19.  Section 73-19-111, Mississippi Code of 1972, is amended as follows:

     73-19-111.  (1)  Any optometrist violating any provision of Sections 73-19-101 through 73-19-109 shall, upon conviction for a first offense, be guilty of a misdemeanor and shall be fined not more than Five Hundred Dollars ($500.00) at the discretion of the court, and upon conviction for a second or later offense shall be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned not less than six (6) months nor more than one (1) year at the discretion of the court.  Such actions shall be brought by the State Board of Optometry.  However, this shall not be construed to prohibit the State Board of Medical Licensure, the State Board of Pharmacy, or any affected individual from bringing actions against any optometrist violating any provision of Sections 73-19-101 through 73-19-109.

     (2)  In addition to the penalties prescribed in subsection (1), the State Board of Optometry is authorized to suspend or revoke the optometrist's license to practice optometry for violating any provision of Sections 73-19-101 through 73-19-109. Any optometrist may appeal any such suspension or revocation of his license by the State Board of Optometry to the chancery court of the county of his residence in the manner prescribed by law.  Such appeal shall act as a supersedeas as provided in Section 1 of this act.

     SECTION 20.  Section 73-21-101, Mississippi Code of 1972, is amended as follows:

     73-21-101.  (1)  The right to appeal from the action of the board in denying, revoking, suspending or refusing to renew any license, registration or permit issued by the board, or fining or otherwise disciplining any person is hereby granted.  Such appeal shall be to the chancery court of the county of the residence of the licensee or permit holder on the record made, including a verbatim transcript of the testimony at the hearing.  The appeal shall be taken within thirty (30) days after notice of the action of the board in denying, revoking, suspending or refusing to renew the license or permit, or fining or otherwise disciplining the person.  The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of the preparation of the record of the proceedings by the board, and the filing of a bond in the sum of Two Hundred Dollars ($200.00), conditioned that if the action of the board in denying, revoking, suspending or refusing to renew the license or permit, or fining or otherwise disciplining the person, be affirmed by the chancery court, the licensee or permit holder will pay the costs of the appeal and the action in the chancery court.

     (2)  Except as otherwise provided in Section 1 of this act, if there is an appeal, such appeal shall act as a supersedeas.  The chancery court shall dispose of the appeal and enter its decision promptly.  The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation.  The scope of review of the chancery court shall be limited to a review of the record made before the board to determine if the action of the board is unlawful for the reason that it was (a) not supported by substantial evidence, (b) arbitrary or capricious, (c) beyond the power of the board to make, or (d) in violation of some statutory or constitutional right of the appellant.  The decision of the chancery court may be appealed to the Supreme Court in the manner provided by law.

     (3)  Actions taken by the board in suspending a license, registration or permit when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a suspension of a license, registration or permit that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

     SECTION 21.  Section 73-23-63, Mississippi Code of 1972, is amended as follows:

     73-23-63.  (1)  Any person whose application for a license is denied shall be entitled to a hearing before the board if he submits a written request to the board.  Such hearing shall be conducted at the earliest possible date.  The board shall fix a time and place for the hearing and shall cause a written copy of the reason for denial of the license, together with a notice of the time and place fixed for the hearing to be served on the applicant requesting the hearing.  For purposes of the hearing, the board shall have the power to subpoena persons and compel the production of records, papers and other documents.

     (2)  (a)  All complaints concerning a licensee's business or professional practice shall be received by the board.  Each complaint received shall be logged, recording at a minimum the following information:  (i) licensee's name; (ii) name of the complaining party, if known; (iii) date of complaint; (iv) brief statement of complaint; and (v) disposition.

          (b)  Following the investigative process, the board may file formal charges against the licensee.  Such formal complaint shall, at a minimum, inform the licensee of the facts which are the basis of the charge and which are specific enough to enable the licensee to defend against the charges.

          (c)  Each licensee whose conduct is the subject of a formal charge which seeks to impose disciplinary action against the licensee shall be served notice of the formal charge at least thirty (30) days before the date of the hearing, which hearing shall be presided over by the board or the board's designee. Service shall be considered to have been given if the notice was personally served on the licensee or applicant or if the notice was sent by certified, United States mail to the licensee's or applicant's last known address as listed on record with the board.

          (d)  The notice of the formal charge shall consist at a minimum of the following information:

              (i)  The time, place and date of the hearing;

              (ii)  That the licensee shall appear personally at the hearing and may be represented by counsel;

              (iii)  That the licensee shall have the right to produce witnesses and evidence in the licensee's behalf and shall have the right to cross-examine adverse witnesses and evidence;

              (iv)  That the hearing could result in disciplinary action being taken against the licensee's license;

              (v)  That rules for the conduct of these hearings exist and it may be in the licensee's best interest to obtain a copy;

              (vi)  That the board or its designee shall preside at the hearing and following the conclusion of the hearing shall make findings of facts, conclusions of law and recommendations, separately stated, to the board as to what disciplinary action, if any, should be imposed on the licensee;

              (vii)  The board or its designee shall hear evidence produced in support of the formal charges and contrary evidence produced by the licensee.  At the conclusion of the hearing, the board shall issue an order; and

              (viii)  All proceedings pursuant to this section are matters of public record and shall be preserved pursuant to state law.

     (3)  In addition to other remedies provided by law or in equity, any applicant or licensee aggrieved by any action of the board may appeal the action of the board to the chancery court of the county of his residence, if he be a resident of this state, or the Chancery Court of the First Judicial District of Hinds County, Mississippi, if he be a nonresident of this state, and the court after a hearing may modify, affirm or reverse the judgment of the board or may remand the case to the board for further proceedings. An appeal shall be filed within thirty (30) days immediately following the mailing or delivery to the applicant or licensee of a copy of the order of judgment of the board, unless the court, for good cause shown, extends the time.  Such appeals shall act as a supersedeas as provided in Section 1 of this act.  Appeals may be had to the Supreme Court of the State of Mississippi as provided by law from any final judgment of the chancery court.  If the board appeals from any judgment of the chancery court, no bond shall be required of it in order to perfect its appeal.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

     SECTION 22.  Section 73-24-25, Mississippi Code of 1972, is amended as follows:

     73-24-25.  (1)  Any person whose application for a license is denied shall be entitled to a hearing before the board if he submits a written request to the board.  Such hearing shall be conducted at the earliest possible date.  A subcommittee of the council shall attend and may offer relevant evidence at any such hearing.  The board shall fix a time and place for the hearing and shall cause a written copy of the reason for denial of the license, together with a notice of the time and place fixed for the hearing, to be served on the applicant requesting the hearing and shall serve notice of such hearing on the council.  Service of and notice of the hearing may be given by United States certified mail, return receipt requested, to the last known address of the licensee or applicant.  For purposes of the hearing, the board, acting by and through the Executive Director of the State Board of Health, shall have the power to subpoena persons and compel the production of records, papers and other documents.

     (2)  (a)  All complaints concerning a licensee's business or professional practice shall be received by the board.  Each complaint received shall be registered, recording at a minimum the following information:  (i) licensee's name; (ii) name of the complaining party, if known; (iii) date of complaint; (iv) brief statement of complaint; and (v) disposition.

          (b)  Following the investigative process, the board may file formal charges against the licensee.  Such formal complaint, at a minimum, shall inform the licensee of the facts which are the basis of the charge and which are specific enough to enable the licensee to defend against the charges.

          (c)  Each licensee whose conduct is the subject of a formal charge which seeks to impose disciplinary action against the licensee shall be served notice of the formal charge at least thirty (30) days before the date of the hearing, which hearing shall be presided over by the board or the board's designee.  Service shall be considered to have been given if the notice was personally received by the licensee or if the notice was sent by United States certified mail, return receipt requested, to the licensee at the licensee's last known address as listed with the state agency.

          (d)  The notice of the formal charge shall consist, at a minimum, of the following information:

              (i)  The time, place and date of the hearing;

              (ii)  Notification that the licensee shall appear personally at the hearing and may be represented by counsel;

              (iii)  Notification that the licensee shall have the right to produce witnesses and evidence in his behalf and shall have the right to cross-examine adverse witnesses and evidence;

              (iv)  Notification that the hearing could result in disciplinary action being taken against the licensee;

              (v)  Notification that rules for the conduct of the hearing exist, and it may be in the licensee's best interest to obtain a copy;

              (vi)  Notification that the board or its designee shall preside at the hearing, and following the conclusion of the hearing, shall make findings of facts, conclusions of law and recommendations, separately stated, to the board as to what disciplinary action, if any, should be imposed on the licensee;

              (vii)  The board or its designee shall hear evidence produced in support of the formal charges and contrary evidence produced by the licensee.  At the conclusion of the hearing, the board shall issue an order; and

              (viii)  All proceedings under this section are matters of public record and shall be preserved in accordance with state law.

     (3)  In addition to other remedies provided by law or in equity, any applicant or licensee aggrieved by any action of the board may appeal the action of the board to the chancery court of the county of his residence if he be a resident of this state, or to the Chancery Court of the First Judicial District of Hinds County, Mississippi, if he be a nonresident of this state.  An appeal shall be filed within thirty (30) days immediately following the mailing or delivery to the applicant or licensee of a copy of the order of judgment of the board, unless the court, for good cause shown, extends the time.  Such appeal shall act as a supersedeas as provided in Section 1 of this act.  The court after a hearing may modify, affirm or reverse the judgment of the board or may remand the case to the board for further proceedings.  An appeal from the chancery court may be had to the Supreme Court of the State of Mississippi as provided by law for any final judgment of the chancery court.  If the board appeals a judgment of the chancery court, no bond shall be required of it in order to perfect its appeal.

     (4)  The board may impose any of the following sanctions, singly or in combination, when it finds that a licensee is guilty of any such offense:

          (a)  Revoke the license;

          (b)  Suspend the license, for any period of time;

          (c)  Censure the licensee;

          (d)  Impose a monetary penalty of not more than Two Hundred Dollars ($200.00);

          (e)  Place a licensee on probationary status and requiring the licensee to submit to any of the following:  (i) report regularly to the board, or its designee, upon matters which are the basis of probation; (ii) continue to renew professional education until a satisfactory degree of skill has been attained in those areas which are the basis of probation; or (iii) such other reasonable requirement or restrictions as the board deems proper;

          (f)  Refuse to renew a license; or

          (g)  Revoke probation which has been granted and impose any other disciplinary action under this subsection when the requirements of probation have not been fulfilled or have been violated.

     (5)  The board summarily may suspend a license under this chapter without the filing of a formal complaint, notice or a hearing, if the board finds that the continued practice in the profession by the licensee would constitute an immediate danger to the public.  If the board summarily suspends a license under the provisions of this subsection a hearing must be held within * * *twenty (20) thirty (30) days after suspension begins, unless the hearing date is continued at the request of the licensee.

     (6)  Disposition of any formal complaint may be made by consent order or stipulation between the board and the licensee.

     (7)  The board may reinstate any licensee to good standing under this chapter if, after hearing, the board is satisfied that the applicant's renewed practice is in the public interest.

     (8)  The board may seek the counsel of the Occupational Therapy Advisory Council regarding disciplinary actions.

     (9)  The board shall seek to achieve consistency in the application of the foregoing sanctions, and significant departure from prior decisions involving similar conduct shall be explained by the board.

     (10)  In addition, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     SECTION 23.  Section 73-25-27, Mississippi Code of 1972, is amended as follows:

     73-25-27.  The State Board of Medical Licensure after notice and opportunity for a hearing to the licentiate, is authorized to suspend or revoke for any cause named in this chapter any license it has issued, or the renewal thereof, that authorizes any person to practice medicine, osteopathy, or any other method of preventing, diagnosing, relieving, caring for, or treating, or curing disease, injury or other bodily condition.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     The notice shall be effected by registered mail or personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days or more than sixty (60) days from the date of the mailing or the service, at which time the licentiate shall be given an opportunity for a prompt and fair hearing.  For the purpose of the hearing the board, acting by and through its executive office, may subpoena persons and papers on its own behalf and on behalf of the licentiate, including records obtained under Section 73-25-28 and Section 73-25-83(c), may administer oaths and the testimony when properly transcribed, together with the papers and exhibits, shall be admissible in evidence for or against the licentiate.  At the hearing the licentiate may appear by counsel and personally in his own behalf.  Any person sworn and examined as a witness in the hearing shall not be held to answer criminally, nor shall any papers or documents produced by the witness be competent evidence in any criminal proceedings against the witness other than for perjury in delivering his evidence.  The board or its designee, in the conduct of any hearing, shall not be bound by strict laws or rules of evidence.  The board may adopt rules and discovery and procedure governing all proceedings before it.  On the basis of any such hearing, or upon default of the licentiate, the board shall make a determination specifying its findings of fact and conclusions of law.  The board shall make its determination based upon a preponderance of the evidence.

     A copy of the determination shall be sent by registered mail or served personally upon the licentiate.  The decision of the board revoking or suspending the license shall become final thirty (30) days after so mailed or served unless within that period the licentiate appeals the decision to the chancery court, under the provisions of this section.  Such appeal shall act as a supersedeas as provided in Section 1 of this act.  The appeal to the chancery court shall be based solely on the record made before the board.  A transcript of the proceedings and evidence, together with exhibits, presented at the hearing before the board in the event of appeal shall be a part of the record before the chancery court.  The chancery court shall dispose of the appeal and enter its decision promptly.  The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation.  Appeals may be taken to the Supreme Court of the State of Mississippi as provided by law from any final action of the chancery court.  Except as otherwise provided in Section 1 of this act, no such person shall be allowed to practice medicine in violation of any action of the chancery court affirming, in whole or in part, the determination of the board, while any such appeal to the Supreme Court is pending.

     For the purpose of conducting investigations, the board, through its executive director, may issue subpoenas to any individual, clinic, hospital, pharmacy or other entity having in its possession papers, documents, medical charts, prescriptions or any other nonfinancial records.  Any such subpoenas issued by the executive director shall be made pursuant to an order of the board entered on its minutes, determined on a case-by-case basis.  Investigatory subpoenas, as provided in this section, may be served either by personal process or by registered mail, and upon service shall command production of the papers and documents to the board at the time and place so specified.  The board shall be entitled to the assistance of the chancery court or the chancellor in vacation, which, on petition by the board, shall issue ancillary subpoenas and petitions and may punish as for contempt of court in the event of noncompliance with the subpoenas or petitions.

     For the purpose of conducting hearings, the board through its executive director may subpoena persons and papers on its own behalf and on behalf of the respondent, including records obtained under Section 73-25-28 and Section 73-25-83(c), may administer oaths, and may compel the testimony of witnesses.  Any such subpoenas issued by the executive director shall be made pursuant to an order of the board entered on its minutes, determined on a case-by-case basis.  It may issue subpoenas to take testimony, and testimony so taken and sworn to shall be admissible in evidence for and against the respondent.  The board shall be entitled to the assistance of the chancery court or the chancellor in vacation, which, on petition by the board, shall issue ancillary subpoenas and petitions and may punish as for contempt of court in the event of noncompliance with the subpoenas or petitions.

     Unless the court otherwise decrees, a license that has been suspended by the board for a stated period of time shall automatically become valid on the expiration of that period and a license that has been suspended for an indefinite period shall become again valid if and when the board so orders, which it may do on its own motion or on the petition of the respondent.  A license that has been revoked shall not be restored to validity except:  (1) by order of the board based on petition for reinstatement filed under Section 73-25-32 or (2) by order of the chancery court or Supreme Court following appeal.  Any licentiate whose license becomes again valid after a period of suspension or after it has been restored to validity by order of the board or by an order of the court, shall record it again in the office of the clerk of the circuit court of the county in which he resides in conformity with the requirements of Section 73-25-13.  Nothing in this chapter shall be construed as limiting or revoking the authority of any court or of any licensing or registering officer or board, other than the State Board of Medical Licensure, to suspend, revoke and reinstate licenses and to cancel registrations under the provisions of Section 41-29-311.

     SECTION 24.  Section 73-25-95, Mississippi Code of 1972, is amended as follows:

     73-25-95.  Any person against whom disciplinary action is taken pursuant to Sections 73-25-81 through 73-25-95 shall have the right of judicial appeal as provided in Section 73-25-27 relating to judicial appeal of board decisions and as provided in Section 1 of this act.  * * *Provided, further, that no such person shall be allowed to practice medicine or deliver health care services in violation of any disciplinary order or action of the board while any such appeal is pending.

     SECTION 25.  Section 73-29-39, Mississippi Code of 1972, is amended as follows:

     73-29-39.  Any person dissatisfied with the action of the board in refusing his application or suspending or revoking his license, or any other action of the board, may appeal the action of the board by filing a petition within thirty (30) days thereafter in the * * *circuit chancery court in the county where the person resides or in the * * *Circuit Chancery Court of Hinds County, Mississippi, and the court is vested with jurisdiction and it shall be the duty of the court to set the matter for hearing upon ten (10) days' written notice to the board and the attorney representing the board.  Except as otherwise provided in Section 1 of this act, the court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a license shall be abated until the hearing shall have been consummated with final judgment thereon or whether any other action of the board should be suspended pending hearing, and enter its order accordingly, which shall be operative when served upon the board, and the court shall provide the attorney representing the board with a copy of the petition and order.  Except as otherwise authorized in Section 7-5-39, the board shall be represented in such appeals by the district or county attorney of the county or the Attorney General, or any of their assistants.  The board shall initially determine all facts, but the court upon appeal shall set aside the determination of the board if the board's determination (1) is not based upon substantial evidence upon the entire record; (2) is arbitrary or capricious; (3) is in violation of statutory requirements; or (4) was made without affording to licensee or applicant due process of law. 

     Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

     SECTION 26.  Section 73-30-11, Mississippi Code of 1972, is amended as follows:

     73-30-11.  Following a decision by the board not to license, the applicant may request a hearing at the next regularly scheduled meeting of the board.  The applicant will be notified of the decision of the majority of the board members within sixty (60) days of the hearing.  Upon a final decision by the board not to license, the applicant may (after waiting a period of at least one (1) year) resubmit the application accompanied by new evidence and a nonrefundable application fee of One Hundred Dollars ($100.00) for reconsideration for licensure.

     The applicant may appeal the decision of the board to the * * *circuit chancery court of the county of the applicant's residence.  If an applicant does not reside in Mississippi, the applicant may appeal the decision of the board to the Hinds County * * *Circuit Chancery Court.  Any appeal to the * * *circuit chancery court must be taken within thirty (30) days of the date of the board's decision.  Such appeal shall act as a supersedeas as provided in Section 1 of this act.  An appeal of the decision of the * * *circuit chancery court may be taken to the Mississippi Supreme Court not later than sixty (60) days from the date of the decision by the * * *circuit chancery court.

     SECTION 27.  Section 73-31-21, Mississippi Code of 1972, is amended as follows:

     73-31-21.  (1)  The board, by an affirmative vote of at least four (4) of its seven (7) members, shall withhold, deny, revoke or suspend any license issued or applied for in accordance with the provisions of this chapter, or otherwise discipline a licensed psychologist, upon proof that the applicant or licensed psychologist:

          (a)  Has violated the current code of ethics of the American Psychological Association or other codes of ethical standards adopted by the board; or

          (b)  Has been convicted of a felony or any offense involving moral turpitude, the record of conviction being conclusive evidence thereof; or

          (c)  Is using any substance or any alcoholic beverage to an extent or in a manner dangerous to any other person or the public, or to an extent that the use impairs his or her ability to perform the work of a professional psychologist with safety to the public; or

          (d)  Has impersonated another person holding a psychologist license or allowed another person to use his or her license; or

          (e)  Has used fraud or deception in applying for a license or in taking an examination provided for in this chapter; or

          (f)  Has accepted commissions or rebates or other forms of remuneration for referring clients to other professional persons; or

          (g)  Has performed psychological services outside of the area of his or her training, experience or competence; or

          (h)  Has allowed his or her name or license issued under this chapter to be used in connection with any person or persons who perform psychological services outside of the area of their training, experience or competence; or

          (i)  Is legally adjudicated mentally incompetent, the record of that adjudication being conclusive evidence thereof; or

          (j)  Has willfully or negligently violated any of the provisions of this chapter.  The board may recover from any person disciplined under this chapter, the costs of investigation, prosecution, and adjudication of the disciplinary action.

     (2)  Notice shall be effected by registered mail or personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days nor more than sixty (60) days from the date of the mailing or that service, at which time the applicant or licensee shall be given an opportunity for a prompt and fair hearing.  For the purpose of the hearing, the board, acting by and through its executive secretary, may subpoena persons and papers on its own behalf and on behalf of the applicant or licensee, may administer oaths and may take testimony.  That testimony, when properly transcribed, together with the papers and exhibits, shall be admissible in evidence for or against the applicant or licensee.  At the hearing, the applicant or licensee may appear by counsel and personally in his or her own behalf.  Any person sworn and examined by a witness in the hearing shall not be held to answer criminally, nor shall any papers or documents produced by the witness be competent evidence in any criminal proceedings against  the witness other than for perjury in delivering his or her evidence.  On the basis of any such hearing, or upon default of applicant or licensee, the board shall make a determination specifying its findings of fact and conclusions of law.  A copy of  that determination shall be sent by registered mail or served personally upon the applicant or licensee.  The decision of the board denying, revoking or suspending the license shall become final thirty (30) days after so mailed or served, unless within  that period the applicant or licensee appeals the decision to the chancery court, under the provisions hereof, and the proceedings in chancery shall be conducted as other matters coming before the court.  All proceedings and evidence, together with exhibits, presented at the hearing before the board shall be admissible in evidence in court in the appeal.

     (3)  The board may subpoena persons and papers on its own behalf and on behalf of the respondent, may administer oaths and may compel the testimony of witnesses.  It may issue commissions to take testimony, and testimony so taken and sworn to shall be admissible in evidence for and against the respondent.  The board shall be entitled to the assistance of the chancery court or the chancellor in vacation, which, on petition by the board, shall issue ancillary subpoenas and petitions and may punish as for contempt of court in the event of noncompliance therewith.

     (4)  Except as otherwise provided in Section 1 of this act, every order and judgment of the board shall take effect immediately on its promulgation unless the board in the order or judgment fixes a probationary period for the applicant or  licensee.  * * *  The order and judgment shall continue in effect unless upon appeal the court by proper order or decree terminates it earlier.    The board may make public its order and judgments in  any manner and form as it deems proper.  It shall, in event of the suspension or revocation of a license, direct the clerk of the circuit court of the county in which that license was recorded to cancel that record.

     (5)  Nothing in this section shall be construed as limiting or revoking the authority of any court or of any licensing or registering officer or board, other than the Mississippi Board of Psychology, to suspend, revoke and reinstate licenses and to cancel registrations under the provisions of Section 41-29-311.

     (6)  Suspension by the board of the license of a psychologist shall be for a period not exceeding one (1) year.  At the end of this period the board shall reevaluate the suspension, and shall either reinstate or revoke the license.  A person whose license has been revoked under the provisions of this section may reapply for a license after more than two (2) years have elapsed from the date that the denial or revocation is legally effective.

     (7)  In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157.  Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     (8)  The board may issue a nondisciplinary, educational letter to licensees as provided in Section 73-31-7(2)(g).  The board may also direct a psychologist to obtain a formal assessment of ability to practice safely if there is reason to believe there may be impairment due to substance abuse or mental incapacity.  Licensees who may be impaired, but who are able to practice safely, may be required by the board to seek appropriate treatment and/or supervision.  That action by the board in itself will not be considered disciplinary.

     SECTION 28.  Section 73-33-11, Mississippi Code of 1972, is amended as follows:

     73-33-11.  (1)  The Mississippi State Board of Public Accountancy may revoke, suspend, impose a civil penalty or take other appropriate action with respect to any license, practice privilege or permit issued pursuant to this chapter for any unprofessional conduct by the licensee or permit holder, or for other sufficient cause, provided written notice shall have been sent by certified mail to the holder thereof at holder's mailing address of record with the board, * * * twenty (20) thirty (30) days before any hearing thereon, stating the cause for such contemplated action and appointing a day and a place for a full hearing thereon by the board, provided further, no certificate or license be cancelled or revoked until a hearing shall have been given to the holder thereof according to law.  But, after such hearing, the board may, in its discretion, take action against any license, practice privilege or permit issued pursuant to this chapter.  When payment of a civil penalty is assessed and levied by the board in accordance with this section, such civil penalty shall not exceed Five Thousand Dollars ($5,000.00) for each violation and shall be deposited into the special fund to the credit of the board.

     (2)  The members of the board are hereby empowered to sit as a trial board; to administer oaths (or affirmations); to summon any witness and to compel his attendance and/or his testimony, under oath (or affirmation) before the board or for purposes of deposition during any board authorized investigation; to compel the production of any book, paper or document by the owner or custodian thereof to a hearing or for purpose of investigation; and/or to compel any officer to produce, during investigation or at the hearing, a copy of any public record (not privileged from public inspection by law) in his official custody, certified to, by him.  The board shall elect one (1) of its members to serve as clerk, to issue summons and other processes, and to certify copies of its records or, the board may delegate such duties to the executive director.

     (3)  The accused may appear in person and/or by counsel or, in the instance of a firm permit holder through its manager and/or counsel to defend such charges.  If the accused does not appear or answer, judgment may be entered by default, provided the board finds that proper service was made on the accused.

     (4)  The minutes of the board shall be recorded in an appropriate minute book permanently maintained by the board at its office.

     (5)  In a proceeding conducted under this section by the board for disciplinary action, those reasonable costs that are expended by the board in the investigation and conduct of a proceeding for discipline, including, but not limited to, the cost of service of process, court reporters, expert witnesses, investigators and legal fees may be imposed by the board on the accused, the charging party or both.

     (6)  Such costs shall be paid to the board upon the expiration of the period allowed for appeal of such penalties under this section, or may be paid sooner if the guilty party elects.  Money collected by the board under this section shall be deposited to the credit of the board's special fund in the State Treasury.  When payment of a monetary penalty assessed by the board under this section is not paid when due, the board shall have the power to institute and maintain proceedings in its name for enforcement of payment in the Chancery Court of the First Judicial District of Hinds County, Mississippi, or in the chancery court of the county where the respondent resides.

     (7)  In case of a decision adverse to the accused, appeal shall be made within thirty (30) days from the day on which the decision is made to the * * *circuit chancery court of the First Judicial District of Hinds County, Mississippi, or in the * * *circuit chancery court of the county in which the accused resides.  In the case of a nonresident licensee, the appeal shall be made to the * * *Circuit Chancery Court of the First Judicial District of Hinds County, Mississippi.  Except as otherwise provided in Section 1 of this act, the order of the board shall not take effect until the expiration of said thirty (30) days.

     (8)  In case of an appeal, bond for costs in the * * *circuit chancery court shall be given as in other cases; and except as otherwise provided in Section 1 of this act, the order of the board shall not take effect until such appeal has been finally disposed of by the court or courts.

     (9)  The board may, at any time, reinstate a license, practice privilege or permit if it finds that such reinstatement is justified.

     (10)  In addition to the reasons specified in the first paragraph of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     SECTION 29.  Section 73-34-43, Mississippi Code of 1972, is amended as follows:

     73-34-43.  If, at the conclusion of the hearing, the board determines that a licensed appraiser, licensed certified real estate appraiser or appraisal management company is guilty of a violation of any of the provisions of this chapter, it shall prepare a formal decision that shall contain findings of fact concerning the appropriate disciplinary action to be taken.

     The decision and order of the board shall be final.  Any applicant, licensee, registrant or person aggrieved by a decision or order of the board shall have the right of appeal from such adverse order or decision of the board to the * * *circuit chancery court of the county of residence of the applicant, licensee, registrant or person, or of the First Judicial District of Hinds County, within thirty (30) days from the service of notice of the action of the board upon the parties in interest.  Such appeal shall act as a supersedeas as provided in Section 1 of this act.  Notice of appeals shall be filed in the office of the clerk of the court who shall issue an order directed to the board commanding it, within ten (10) days after service thereof, to certify to the court its entire record in the matter in which the appeal has been taken.  The appeal shall thereupon be heard in due course by the court, without a jury, which shall review the record and make its determination of the cause between the parties.  To be effective, an application for review made by an aggrieved party must be filed within thirty (30) days after the party's receipt of the final decision and order of the board.

     If an application is filed for review of a final decision and order of the board, the case shall be set for trial within sixty (60) days from the date of the filing of an answer for the board.  If the court finds that the board has regularly pursued its authority and has not acted arbitrarily, it shall affirm the decision and order of the board.

     Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

     SECTION 30.  Section 73-35-25, Mississippi Code of 1972, is amended as follows:

     73-35-25.  (1)  Any applicant or licensee or person aggrieved shall have the right of appeal from any adverse ruling or order or decision of the commission to the * * *circuit chancery court of the county of residence of the applicant, licensee or person, or of the First Judicial District of Hinds County, within thirty (30) days from the service of notice of the action of the commission upon the parties in interest.

     (2)  Notice of appeals shall be filed in the office of the clerk of the court who shall issue a writ of certiorari directed to the commission commanding it, within thirty (30) days after service thereof, to certify to such court its entire record in the matter in which the appeal has been taken.  The appeal shall thereupon be heard in due course by said court, without a jury, which shall review the record and make its determination of the cause between the parties.

     (3)  Any order, rule or decision of the commission shall not take effect until after the time for appeal to said court shall have expired.  Except as otherwise provided in Section 1 of this act, in the event an appeal is taken by a defendant, such appeal may act, in the discretion of the court, as a supersedeas and the court shall dispose of said appeal and enter its decision promptly.

     (4)  Any person taking an appeal shall post a satisfactory bond in the amount of Five Hundred Dollars ($500.00) for the payment of any costs which may be adjudged against him.

     (5)  Actions taken by the commission in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

     SECTION 31.  Section 73-36-33, Mississippi Code of 1972, is amended as follows:

     73-36-33.  (1)  The board shall have the power, after notice and hearing, to suspend or revoke the license of any registrant who (a) is found guilty by the board of fraud or gross negligence in the practice of professional forestry; (b) fails to comply with board rules and regulations; (c) is found guilty by the board of unprofessional or unethical conduct; or (d) has had his license suspended or revoked for cause in another jurisdiction.

     (2)  Any person may prefer charges of fraud or gross negligence in connection with any forestry practice against any registrant.  Such charges shall be in writing, shall be sworn to by the person making them, and shall be filed with the secretary of the board.  All charges shall be heard by the board pursuant to its rules and regulations without undue delay.

     (3)  Any applicant whose license is suspended or revoked by the board may apply for a review of the proceedings with reference to such suspension or revocation by appealing to the Chancery Court of the First Judicial District of Hinds County, Mississippi, provided a notice of appeal is filed by such applicant with the clerk of said court within sixty (60) days from entry of an order by the board suspending or revoking his license, provided said applicant files with said notice of appeal a bond to be approved by the court assuring the prompt payment of any and all costs of said appeal, said amount to be fixed by the court.  Such appeal shall act as a supersedeas as provided in Section 1 of this act.  Upon the filing of such notice of appeal and posting of such bond, the clerk of the said court shall notify the secretary of the board thereof and the record of the proceedings involved shall be prepared by the secretary and forwarded to the court within a period of sixty (60) days from such notice by the clerk.  The court shall thereupon review the proceedings on the record presented and may hear such additional testimony as to the court may appear material and dispose of the appeal in termtime or in vacation, and the court may sustain or dismiss the appeal, or modify or vacate the order complained of, but in case the order is modified or vacated, the court may also, in its discretion, remand the matter to the board for such further proceedings not inconsistent with the court's order as, in the opinion of the court, justice may require.  The decision of the chancery court may be appealed as other cases to the Supreme Court.

     (4)  The board is authorized to secure, by contract, the services of an investigator when deemed necessary by the board to properly consider any charge then before it.  The board may, at its discretion, establish a program of routine inspections.

     (5)  In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     SECTION 32.  Section 73-36-36, Mississippi Code of 1972, is amended as follows:

     73-36-36.  In addition to the penalties provided under Section 73-36-33 and Section 73-36-35, any person, found by the board to be in violation of this chapter or any rule or regulation of the board, shall be subject to an administrative fine of not more than One Thousand Dollars ($1,000.00) for each violation.  The person shall be given at least ten (10) days' written notice and an opportunity for a hearing before the board.  If the administrative fine is not paid within ninety (90) days after the date of the board's order, the order shall become a judgment and may be filed and executed.  Any person aggrieved of the board's order may appeal the order to the * * *Circuit Chancery Court of Hinds County within thirty (30) days after the date of the order of the board is issued.  Appeal shall be on the record made before the board.

     SECTION 33.  Section 73-39-81, Mississippi Code of 1972, is amended as follows:

     73-39-81.  Any person aggrieved by a decision of the board may appeal to the * * *Circuit Chancery Court of the First Judicial District of Hinds County, Mississippi * * *, in accordance with the Uniform Rules of Circuit and County Court Practice governing appeals from administrative agencies.  The appeal shall be made solely on the record before the board.  Such appeal shall act as a supersedeas as provided in Section 1 of this act. 

     SECTION 34.  Section 73-42-13, Mississippi Code of 1972, is amended as follows:

     73-42-13.  (1)  After proper notice and an opportunity for a hearing, the Secretary of State may deny, suspend, revoke or refuse to renew a registration for conduct that would have justified denial of registration under Section 73-42-11(3) or for a violation of any provision of this chapter.

     (2)  (a)  The Secretary of State shall appoint at least one (1) hearing officer for the purpose of holding hearings, compiling evidence and rendering decisions under this section and Section 73-42-11.  The hearing officer shall fix the date for an adjudicatory hearing and notify the athlete agent involved.  The hearing shall be held at a location to be designated by the hearing officer.  Unless the time period is extended by the hearing officer, the hearing shall be held not less than fifteen (15) nor more than thirty (30) days after the mailing of notice to the athlete agent involved.  At the conclusion of the hearing, the hearing officer shall make a recommendation regarding the registration of the athlete agent involved.  The Secretary of State shall then take appropriate action by final order.

          (b)  Any athlete agent whose application for registration has been denied or not renewed, or whose registration has been revoked or suspended by the Secretary of State, within thirty (30) days after the date of such final order, shall have the right of a trial de novo on appeal to the * * *circuit chancery court of the county of residence of the athlete agent, the student-athlete, or the educational institution that issued an athletic scholarship to the student-athlete.  If the secretary's final order is supported by substantial evidence and does not violate a state or federal law, then it shall be affirmed by the * * *circuit chancery court.  Either party shall have the right of appeal to the Supreme Court as provided by law from any decision of the * * *circuit chancery court.  * * *No athlete agent shall be allowed to deliver services to a student‑athlete domiciled or residing in Mississippi while any such appeal is pending. Such appeal shall act as a supersedeas as provided in Section 1 of this act.

     (3)  In addition to the reasons specified in subsection (1) of this section, the secretary shall be authorized to suspend the registration of any person for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a registration for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a registration suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a registration suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  Actions taken by the secretary in suspending the registration of a person when required by Section 93-11-157 are not actions from which an appeal may be taken under this section.  Any appeal of a registration suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     SECTION 35.  Section 73-43-14, Mississippi Code of 1972, is amended as follows:

     73-43-14.  The State Board of Medical Licensure may appoint an executive committee, to be composed of three (3) of its members, with a chairman to be designated by the board from the members appointed to said committee.  The executive committee shall have authority to execute all the powers vested in the board, in the interim of the meetings of the board.  The executive committee shall have the authority to conduct licensure hearings pursuant to Section 73-25-27, provided that the power to revoke shall be subject to approval of the board.  Any person aggrieved by a decision of the executive committee regarding licensure may appeal to the board.  Any person aggrieved by an action of the board regarding licensure may appeal to the Chancery Court of the First Judicial District of Hinds County.  Such appeal shall act as a supersedeas as provided in Section 1 of this act.  Any action of the executive committee shall be legal and binding until modified or annulled by the board, and all pains and penalties prescribed for violating the rules of the board shall apply to any violation of rules and regulations that may be prescribed by the executive committee.  Any two (2) members of the executive committee shall be a quorum for the transaction of business.

     All official meetings of the executive committee, as to time and place, shall be held pursuant to a call of the president of the board.

     Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

     SECTION 36.  Section 73-53-25, Mississippi Code of 1972, is amended as follows:

     73-53-25.  Any person aggrieved by a decision of the board shall have the right to appeal therefrom to the * * *circuit chancery court of the county of the residence of the aggrieved party or to the * * *Circuit Chancery Court of the First Judicial District of Hinds County in the manner provided by law for appeals from administrative decisions.  Such appeal shall act as a supersedeas as provided in Section 1 of this act.  Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

     SECTION 37.  Section 73-55-19, Mississippi Code of 1972, is amended as follows:

     73-55-19.  (1)  Any person licensed under this chapter may have his license revoked or suspended for a fixed period to be determined by the board for any of the following causes:

          (a)  Being convicted of an offense involving moral turpitude.  The record of such conviction, or certified copy thereof from the clerk of the court where such conviction occurred or by the judge of that court, shall be sufficient evidence to warrant revocation or suspension.

          (b)  By securing a license under this chapter through fraud or deceit.

          (c)  For unethical conduct or for gross ignorance or inefficiency in the conduct of his practice.

          (d)  For knowingly practicing while suffering with a contagious or infectious disease.

          (e)  For the use of a false name or alias in the practice of his profession.

          (f)  For violating any of the provisions of this chapter.

     (2)  Any person, whose license is sought to be revoked or suspended under the provisions of this chapter, shall be given thirty (30) days' notice, in writing, enumerating the charges and specifying a date for public hearing thereon.  The hearing shall be held in the county where the person's business is conducted.  The board may issue subpoenas, compel the attendance and testimony of witnesses, and place them under oath, the same as any court of competent jurisdiction where the hearing takes place.

     (3)  At all hearings the board may designate in writing one or more persons deemed competent by the board to conduct the hearing as trial examiner or trial committee, with the decision to be rendered in accordance with the provisions of subsection (4) of this section.

     (4)  After a hearing has been completed the trial examiner or trial committee who conducted the hearing shall proceed to consider the case and, as soon as practicable, shall render a decision.  In any case, the decision must be rendered within sixty (60) days after the hearing.  The decision shall contain:

          (a)  The findings of fact made by the trial examiner or trial committee;

          (b)  Conclusions of law reached by the trial examiner or trial committee; and

          (c)  The order based upon these findings of fact and conclusions of law.

     (5)  From any revocation or suspension, the person charged may, within thirty (30) days thereof, appeal to the chancery court of the county where the hearing was held.

     (6)  Notice of appeals shall be filed in the office of the clerk of the court, who shall issue a writ of certiorari directed to the board, commanding it within ten (10) days after service thereof to certify to such court its entire record in the matter in which the appeal has been taken.  The appeal shall thereupon be heard in the due course by said court without a jury, and the court shall review the record and make its determination of the cause between the parties.

     (7)  Except as otherwise provided in Section 1 of this act, if there is an appeal, such appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas.  The chancery court shall dispose of the appeal and enter its decision promptly.  The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation.

     (8)  Any person taking an appeal shall post a satisfactory bond in the amount of Two Hundred Dollars ($200.00) for payment of any costs which may be adjudged against him.

     (9)  In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     SECTION 38.  Section 73-57-33, Mississippi Code of 1972, is amended as follows:

     73-57-33.  (1)  Upon the filing of a written complaint with the board, charging a person with having committed any of the acts described in Section 73-57-31, the authorized employee of the board, shall make an investigation.  If the board finds reasonable grounds for the complaint, a time and place for a hearing will be set, notice of which shall be served on the licensee, permit holder or applicant at least fifteen (15) calendar days prior thereto.  The notice shall be by personal service or by certified or registered mail sent to the last-known address of the person.

     (2)  The board may petition the * * *circuit chancery court for the county within which the hearing is being held to issue subpoenas for the attendance of witnesses and the production of necessary evidence in any hearing before it.  Upon request of the respondent or his counsel, the board shall petition the court to issue subpoenas in behalf of the respondent.  The * * *circuit chancery court upon petition may issue such subpoenas as it deems necessary.

     (3)  At the hearing the board shall administer oaths as may be necessary for the proper conduct of the hearing.  The accused shall have the right to appear either personally or by counsel, or both, to produce witnesses or evidence in his or her behalf and to cross-examine witnesses.  All hearings before the board shall be conducted by the board, which shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of its proceedings, but the determination shall be based upon sufficient legal evidence to sustain it.  A final decision by the board shall include findings of fact and conclusions of law, separately stated, of which the accused shall receive a copy.

     (4)  If the board determined that probable cause and sufficient legal evidence exist to believe that an applicant does not possess the qualifications required by this chapter or that an accused has violated any of the provisions of Section 73-57-31 of this chapter, the board may refuse to issue a license to the applicant, or revoke, suspend or refuse to renew a license.

     (5)  The right to appeal from the action of the board in denying, revoking, suspending or refusing to renew any license issued by the board is hereby granted.  Such appeal shall be to the * * *circuit chancery court of the county of the residence of the licensee on the record made, including a verbatim transcript of the testimony at the hearing.  Such appeal shall act as a supersedeas as provided in Section 1 of this act.  The appeal must be taken within thirty (30) days after notice of the action of the board in denying, revoking, suspending or refusing to renew the license.  The appeal is perfected upon filing notice of the appeal, together with a bond in the sum of One Hundred Dollars ($100.00), with two (2) sureties, conditioned that if the action of the board in denying, revoking, suspending or refusing to renew the license be affirmed by the * * *circuit chancery court, the licensee will pay the costs of the appeal and the action in the * * *circuit chancery court.  Such bond shall be approved by the president of the board.  Appeals may be had to the Supreme Court of the State of Mississippi as provided by law from any final action of the * * *circuit chancery court.  Actions taken by the board in suspending a license or permit when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license or permit suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

     SECTION 39.  Section 73-59-13, Mississippi Code of 1972, is amended as follows:

     73-59-13.  (1)  The board, upon satisfactory proof and in accordance with the provisions of this chapter and the regulations of the board pertaining thereto, is authorized to take the disciplinary actions provided for in this section against any person for any of the following reasons:

          (a)  Violating any of the provisions of this chapter or the rules or regulations of the board pertaining to the work of residential building or residential improvement;

          (b)  Fraud, deceit or misrepresentation in obtaining a license;

          (c)  Gross negligence or misconduct;

          (d)  Engaging in work of residential building or residential improvement on an expired license or while under suspension or revocation of license unless the suspension or revocation be abated in accordance with this chapter;

          (e)  Loaning a license to an unlicensed person;

          (f)  Failing to maintain workers' compensation insurance, if applicable; or

          (g)  Failing to pay for goods or services for which the builder is contractually bound.

     (2)  Any person, including members of the board, may prefer charges against any other person for committing any of the acts set forth in subsection (1) of this section.  Such charges shall be sworn to, either upon actual knowledge or upon information and belief, and shall be filed with the board.

     The board shall investigate all charges filed with it and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, may, in its discretion, cause a hearing to be held, at a time and place fixed by the board, regarding the charges and may compel the accused by subpoena to appear before the board to respond to such charges.

     The board may send a certified inspector to inspect the building or structure which is the subject of a complaint or the board may use a county certified building inspector from the county where the building or structure is located to inspect the building or structure which is the subject of a complaint.  The report of the inspector shall be used in the investigation and the determination of the board.  The provisions above shall only apply to hearings.

     No disciplinary action may be taken until the accused has been furnished both a statement of the charges against him and notice of the time and place of the hearing thereon, which shall be personally served on such accused or mailed by certified mail, return receipt requested, to the last-known business or residence address of the accused not less than thirty (30) days prior to the date fixed for the hearing.  The complaining party shall be notified of the place and time of the hearing by mail to the last-known business or residence address of the complaining party not less than thirty (30) days prior to the date fixed for the hearing.

     (3)  At any hearing held hereunder, the board shall have the power to subpoena witnesses and compel their attendance and may also require the production of books, papers, documents or other materials which may be pertinent to the proceedings.  The board may designate or secure a hearing officer to conduct the hearing.  All evidence shall be presented under oath, which may be administered by any member of the board, and thereafter the proceedings may, if necessary, be transcribed in full by a court reporter and filed as part of the record in the case.  Copies of such transcriptions may be provided to any party to the proceedings at a price reflecting actual cost, to be fixed by the board.

     All witnesses who are subpoenaed and appear in any proceedings before the board shall receive the same fees and mileage as allowed by law to witnesses in county, circuit and chancery court pursuant to Section 25-7-47, * * *Mississippi Code of 1972, and all such fees shall be taxed as part of the costs in the case.

     When, in any proceeding before the board, any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify, or shall refuse to produce any books and papers the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.

     The accused and the complaining party shall have the right to be present at the hearing in person, by counsel or other representative, or both.  The board is authorized for proper cause to continue or recess the hearing as may be necessary.

     (4)  At the conclusion of the hearing, the board may either decide the issue at that time or take the case under advisement for further deliberation.  The board shall render its decision not more than ninety (90) days after the close of the hearing and shall forward to the last-known business or residence address of the accused, by certified mail, return receipt requested, a written statement of the decision of the board.

     (5)  If a majority of the board finds the accused guilty of the charges filed, the board may:

          (a)  Issue a public or private reprimand;

          (b)  Suspend or revoke the license of the accused;

          (c)  Order completion of an additional educational requirement prescribed by the board not to exceed two (2) hours per violation; or

          (d)  In lieu of or in addition to any reprimand, suspension, revocation, or education requirement, assess and levy upon the guilty party a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for each violation.

     (6)  A monetary penalty assessed and levied under this section shall be paid to the board upon the expiration of the period allowed for appeal of such penalties under this section or may be paid sooner if the guilty party elects.  Money collected by the board under this section shall be deposited to the credit of the State Board of Contractors Fund.

     When payment of a monetary penalty assessed and levied by the board in accordance with this section is not paid when due, the board shall have the power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county of residence of the delinquent party; however, if the delinquent party is a nonresident of the State of Mississippi, such proceedings shall be in the Chancery Court of the First Judicial District of Hinds County, Mississippi.

     (7)  When the board has taken a disciplinary action under this section, the board may, in its discretion, stay such action and place the guilty party on probation for a period not to exceed one (1) year upon the condition that such party shall not further violate either the laws of the State of Mississippi pertaining to the practice of residential construction or residential remodeling or the bylaws, rules or regulations promulgated by the board.

     (8)  The board shall not assess any of the costs of disciplinary proceedings conducted pursuant to this section against the prevailing party.

     (9)  The power and authority of the board to assess and levy the monetary penalties provided for in this section shall not be affected or diminished by any other proceedings, civil or criminal, concerning the same violation or violations except as provided in this section.

     (10)  The board, for sufficient cause, may reissue a revoked license whenever a majority of the board members vote to do so.

     (11)  Within ten (10) days after any order, judgment or action of the board, any person aggrieved thereby may appeal such order, judgment or action either to the chancery court of the county wherein the appellant resides or to the Chancery Court of the First Judicial District of Hinds County, Mississippi, upon giving bond with sufficient security in the amount of Two Hundred Fifty Dollars ($250.00), approved by the clerk of the chancery court and conditioned to pay any costs which may be adjudged against such person.  Such appeal shall act as a supersedeas as provided in Section 1 of this act.  In lieu of the bond, the appellant may post Two Hundred Fifty Dollars ($250.00) with the clerk of the chancery court and conditioned to pay any costs which may be adjudged against such person.

     Notice of appeal shall be filed in the office of the clerk of the chancery clerk, who shall issue a writ of certiorari directed to the board commanding it within forty-five (45) days after service thereof to certify to such court its entire record in the matter in which the appeal has been taken.  The appeal shall thereupon be heard in due course by the court, and the court shall review the record and shall affirm or reverse the judgment.  If the judgment is reversed, the chancery court or chancellor shall render such order or judgment as the board ought to have rendered, and certify the same to the board; and costs shall be awarded as in other cases.

     Appeals may be had to the Supreme Court of the State of Mississippi as provided by law from any final action of the chancery court.  The board may employ counsel to defend all such appeals, to be paid out of the funds in the State Board of Contractors Fund.

 * * * On appeal, any order, judgment or action of the board revoking a certificate of responsibility or residential license shall remain in full force unless the chancery court or Supreme Court reverses such order, judgment or action of the board.

     The remedies provided under this chapter for any aggrieved person shall not be exclusive, but shall be cumulative of and supplemental to any other remedies which he may otherwise have in law or in equity, whether by injunction or otherwise.

     (12)  Any political subdivision or agency of this state which receives a complaint against a residential builder or remodeler shall, in addition to exercising whatever authority such political subdivision or agency has been given over such complaint, forward the complaint to the board.

     (13)  In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     SECTION 40.  Section 73-60-35, Mississippi Code of 1972, is amended as follows:

     73-60-35.  (1)  Except as otherwise provided in Section 1 of this act, upon the revocation or suspension of a license, the licensee shall immediately surrender the license to the commission.  If the licensee fails to do so, the commission shall have the right to seize the license.

     (2)  If circumstances of suspension or revocation so indicate, the commission may require an examination of the licensee before restoring his license.

     SECTION 41.  Section 73-61-3, Mississippi Code of 1972, is amended as follows:

     73-61-3.  (1)  For the purposes of this section, the term "body piercing" means the creation of an opening in any part of the human body, other than the outer perimeter or lobe of the ear, for the purpose of inserting jewelry or other decorative object, or for some other nonmedical purpose.

     (2)  No person shall perform body piercing upon any person for compensation within the State of Mississippi without first registering with the State Department of Health.  The facility or premises in which body piercing is to be performed shall be specified in the registration, and the registered person shall be authorized to perform body piercing only in the specified facility or premises.  Except as provided in Section 33-1-39, registrations shall be valid for one (1) year, and each person registered under this section shall pay an annual registration fee to the department in an amount set by the department, but not to exceed One Hundred Fifty Dollars ($150.00), which fee shall be uniform for all registered persons.  Any increase in the fee charged by the department under this subsection shall be in accordance with the provisions of Section 41-3-65.

     (3)  The State Board of Health shall promulgate rules and regulations relating to:

          (a)  Health, cleanliness and general sanitation of the facilities or premises in which body piercing is performed or to be performed;

          (b)  Sterilization of body piercing apparatus and safe disposal of body piercing apparatus;

          (c)  Procedures to prevent the transmission of disease or infection during or relating to body piercing procedures, specifically including, but not limited to, transmission of Hepatitis B and the human immunodeficiency virus (HIV); and

          (d)  Such other administrative provisions as may be necessary to protect public health or properly administer the requirements of this section.

     (4)  Representatives of the department may visit any facility or premises in which body piercing is performed at any time during business hours to ensure compliance with the requirements of this section and the rules and regulations promulgated under this section.  Representatives of the department shall visit each facility or premises in which body piercing is performed not less than once each year to inspect for such compliance.  Except as otherwise provided in Section 1 of this act, the department may suspend or revoke the registration of any person found to be violating any of the rules or regulations promulgated under this section.

     (5)  It shall be unlawful for any person to perform body piercing upon any person under the age of eighteen (18) years.

     (6)  Any person who performs body piercing for compensation without first registering with the department or after his registration has been suspended or revoked by the department, or any person who performs body piercing upon any person in violation of subsection (5) of this section, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).

     (7)  The department is authorized to bring an action for an injunction under the provisions of Sections 73-51-1 through 73-51-5 to prohibit any person who is required to be registered under this section from performing body piercing without first registering with the department or after his registration has been suspended or revoked by the department.

     (8)  This section shall not apply to physicians licensed to practice medicine in Mississippi in the performance of their professional duties.

     SECTION 42.  Section 73-63-49, Mississippi Code of 1972, is amended as follows:

     73-63-49.  Except as provided in Section 73-63-43(10), any person aggrieved by an action of the board revoking that personís certificate of registration or certificate of enrollment as a geologist-in-training or denying the renewal of registration as a professional geologist, or who is aggrieved by the action of the board as a result of disciplinary proceedings conducted under Section 73-63-43 may appeal to the chancery court of the county in which the appellant resides or the Chancery Court of the First Judicial District of Hinds County, at the election of the appellant. If the appellant is a nonresident of this state, the appeal shall be made to the Chancery Court of the First Judicial District of Hinds County. The appeal shall be perfected before the board by the filing with the board of a notice of appeal to the chancery court. The notice of appeal shall be filed not later than thirty (30) days after the decision of the board is forwarded to the guilty party.

     Except as otherwise provided in Section 1 of this act, all appeals perfected under this section shall act as a supersedeas, and shall be made to the chancery court solely upon the record made before the board during the disciplinary hearing. The appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the chancellor. When the appeal is properly perfected, the board shall cause the record of the proceedings conducted before it to be compiled, certified and filed with the chancery court. The chancery court shall always be deemed open for hearing of appeals and the chancellor may hear the appeal in termtime or in vacation at any place in the chancellorís district. The appeal shall have precedence over all civil cases, except election contests. The chancery court shall review all questions of law and of fact. If no prejudicial error is found, the matter shall be affirmed and remanded to the board for enforcement. If a prejudicial error is found, the matter shall be reversed and the chancery court shall remand the matter to the board for appropriate action as may be shown or necessary under the circumstances. Appeals may be taken from the chancery court to the Supreme Court in the manner as required by law.

     SECTION 43.  Section 73-67-19, Mississippi Code of 1972, is amended as follows:

     73-67-19.  (1)  The board shall report to the proper district attorney all cases that, in the judgment of the board, warrant prosecution.

     (2)  Massage therapists or establishments may not be discriminated against regarding business licenses and shall be treated as any other health care profession.

     (3)  Any civil penalty imposed under this section shall become due and payable when the person incurring the penalty receives a notice in writing of the penalty.  The notice shall be sent by registered or certified mail.  The person to whom the notice is addressed shall have thirty (30) days from the date of mailing of the notice in which to make written application for a hearing.  Any person who makes that application shall be entitled to a hearing.  The hearing shall be conducted as a contested case hearing.  When an order assessing a civil penalty under this section becomes final by operation of law or on appeal, unless the amount of penalty is paid within ten (10) days after the order becomes final, it may be recorded with the circuit clerk in any county of this state.  The clerk shall then record the name of the person incurring the penalty and the amount of the penalty in his lien record book.

     (4)  Where the board proposes to refuse to grant or renew a license or proposes to revoke or suspend a license, an opportunity for a hearing shall be accorded.  The board may designate any competent person(s) to preside at the hearing.  The board shall promulgate rules for the conduct of hearings and issuance of orders.

     (5)  The board may adopt rules requiring any person, including, but not limited to, licensed massage therapists, corporations, organizations, health care facilities and state or local governmental agencies to report to the board any conviction, determination or finding that a holder of a license has committed an act that constitutes unprofessional conduct, or to report information that indicates that the holder of a license may not be able to practice his profession with reasonable skill and safety to consumers as a result of a mental, emotional or physical condition.  If the entity fails to furnish a required report, the board may petition the circuit court of the county in which the entity resides or is found, and the court shall issue to the entity an order to furnish the required report.  A failure to obey the order is a contempt of court.

     (6)  A person is immune from civil liability, whether direct or derivative, for providing information to the board.

     (7)  Upon the complaint of any citizen of this state, or upon its own motion, the board may investigate any alleged violation of this chapter.  In the conduct of investigations, the board may take evidence; take the depositions of witnesses, including the person charged; compel the appearance of witnesses, including the person charged, before the board in person the same as in civil cases; require answers to interrogations; and compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation.

     (8)  The board shall make available, upon request, written appeals procedures for anyone whose license has been denied, suspended or revoked, and/or for anyone accused of violating any provisions of this chapter as provided in Section 1 of this act.

     (9)  Any time the board intends to deny an application for licensure, or suspend or revoke an existing license, the board shall give the person an opportunity for a hearing before taking final action.

     SECTION 44.  Section 73-69-33, Mississippi Code of 1972, is amended as follows:

     73-69-33.  Any person aggrieved by any action or decision of the State Fire Marshal under the provisions of this chapter may appeal therefrom, within thirty (30) days after receipt of notice thereof to the Chancery Court of the First Judicial District of Hinds County by certiorari in the manner provided by law.  Such appeal shall * * *be without act as supersedeas * * *except that the court may grant supersedeas as otherwise provided by law here the license is revoked as provided in Section 1 of this act.  The court shall have the authority and jurisdiction to hear the appeal and render its decision in regard thereto in termtime or vacation.

     SECTION 45.  Section 73-71-49, Mississippi Code of 1972, is amended as follows:

     73-71-49.  (1)  A suspended license is subject to expiration and shall be renewed as provided in this chapter, but while the license remains suspended, and until it is reinstated, the renewal does not entitle the practice of acupuncture, or any other activity or conduct in violation of the order of the board by which the license was suspended.  Any final action shall be subject to the provisions of Section 1 of this act. 

     (2)  A revoked license is subject to expiration as provided in this chapter but it may not be renewed.  If it is reinstated after its expiration, the former licensee, as a condition of reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal fee date, if any, accrued at the time of its expiration.

     SECTION 46.  Section 73-73-33, Mississippi Code of 1972, is amended as follows:

     73-73-33.  Within thirty (30) days after entry of a final order or judgment denying or revoking a certificate to practice as a Certified Interior Designer, whether an initial licensure or renewal, or action of the board as a result of disciplinary proceedings conducted under this section, any person aggrieved may appeal the order, judgment or action either to the chancery court of the county in which the appellant resides or to the Chancery Court of the First Judicial District of Hinds County, Mississippi, upon giving bond with sufficient security in the amount of Five Hundred Dollars ($500.00), approved by the clerk of the chancery court and conditioned to pay any costs which may be adjudged against the person.  If the appellant is a nonresident of this state, the appeal shall be made to the Chancery Court of the First Judicial District of Hinds County, Mississippi.

     Notice of appeal shall be filed in the office of the clerk of the chancery court, who shall issue a writ of certiorari directed to the board commanding it, within ten (10) days after service, to certify to the court its entire record in the matter in which the appeal has been taken.  The content of the briefs shall be in accordance with M.R.A.P. 28 and the briefing schedule shall be in accordance with M.R.A.P. 31 unless the court, in its discretion, directs otherwise.  The appeal shall be heard in due course by the court, and the court shall review the record and make its determination of the cause between the parties within sixty (60) days of the close of briefing.

     Any order, judgment or decision of the board shall not take effect until after the time for appeal to the court shall have expired.  Except as otherwise provided in Section 1 of this act, all appeals perfected under this section shall act as a supersedeas of the order, judgment or action appealed from.

     SECTION 47.  Section 73-75-19, Mississippi Code of 1972, is amended as follows:

     73-75-19.  License denial, suspension, or revocation.  (1)  The board, by an affirmative vote of at least three (3) of its five (5) members, shall withhold, deny, revoke or suspend any license issued or applied for in accordance with the provisions of this chapter, or otherwise discipline a licensed behavior analyst or licensed assistant behavior analyst upon finding that the applicant or licensee:

          (a)  Has violated the current Behavior Analyst Certification Board Professional Disciplinary and Ethical Standards, the Behavior Analyst Certification Board Guidelines for Responsible Conduct for Behavior Analysts, or other codes of ethical standards adopted by the board, or has lost or failed to renew certification by the Behavior Analyst Certification Board; or

          (b)  Has been convicted of a felony or any offense involving moral turpitude, the record of conviction being conclusive evidence thereof; or

          (c)  Is using any narcotic or any alcoholic beverage to an extent or in a manner dangerous to any other person or the public, or to an extent that such use impairs his ability to perform the work of a licensed behavior analyst or licensed assistant behavior analyst; or

          (d)  Has impersonated another person holding a license issued under this chapter or allowed another person to use his license; or

          (e)  Has used fraud or deception in applying for a license provided for in this chapter; or

          (f)  Has accepted commissions or rebates or other forms of remuneration for referring clients to other professional persons; or

          (g)  Has allowed his name or license issued under this chapter to be used in connection with any person or persons who perform applied behavior analysis services outside the area of their training, experience or competence; or

          (h)  Is legally adjudicated mentally incompetent, the record of such adjudication being conclusive evidence thereof; or

          (i)  Has willfully or negligently violated any of the provisions of this chapter.

     (2)  The board may recover from any person disciplined under this chapter the costs of investigation, prosecution, and adjudication of the disciplinary action.

     (3)  Notice shall be effected by registered mail or personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days nor more than sixty (60) days from the date of such mailing or such service, at which time the applicant or licensee shall be given an opportunity for a prompt and fair hearing.  For the purpose of such hearing the board, acting by and through its executive secretary, may exercise all authority granted to conduct investigations and hearings pursuant to Section 73-75-9(2)(a) and (b).  At such hearing the applicant or licensee may appear by counsel and personally on his own behalf.  On the basis of any such hearing, or upon default of applicant or licensee, the board shall make a determination specifying its findings of fact and conclusions of law.  A copy of such determination shall be sent by registered mail or served personally upon the applicant or licensee.  The decision of the board denying, revoking or suspending the license shall become final thirty (30) days after so mailed or served unless within that period the licensee appeals the decision to the Chancery Court of Madison or Rankin Counties, pursuant to the provisions hereof, and the proceedings in chancery shall be conducted as other matters coming before the court.  All proceedings and evidence, together with exhibits, presented at such hearing before the board in the event of appeal, shall be admissible in evidence in the court.

     (4)  * * *Nothing in this subsection shall be interpreted to prohibit the board from immediately suspending any license prior to a hearing under subsection (3) of this section, when in its sole discretion the suspension is required for the instruction, safety or well‑being of any member of the public. The appeal provided for in subsection (3) of this section shall act as a supersedeas as provided in Section 1 of this act. 

     (5)  Except as otherwise provided in Section 1 of this act, every order and judgment of the board shall take effect immediately upon its promulgation unless the board in such order or judgment fixes a probationary period for applicant or licensee.  Except as otherwise provided in Section 1 of this act, such order and judgment shall continue in effect unless upon appeal the court by proper order or decree terminates it earlier.  The board may make public its order and judgments in such manner and form as it deems proper.

     (6)  Suspension by the board of a license issued under this chapter shall be for a period not to exceed one (1) year.  At the end of this period the board shall reevaluate the suspension, and shall either reinstate or revoke the license.  A person whose license has been revoked under the provisions of this section may reapply for license after more than two (2) years have elapsed from the date such revocation is legally effective.

     (7)  In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, in compliance with the procedures set forth in Sections 93-11-151 through 93-11-163.

     SECTION 48.  This act shall take effect and be in force from and after July 1, 2021.


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