Mississippi Code
Miss. Code Ann. § 73-42-34 (2024)
Cease and desist order; administrative penalty; petition for review of final order
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) If the Secretary of State determines that a person has engaged in or is engaging in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter, or that a person has materially aided or is materially aiding in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter, then the secretary may:
- (a) Issue an order directing the person to cease and desist from engaging in the act, practice, or course of business, or to take other action necessary or appropriate to comply with this chapter or any rule adopted or order issued under this chapter;
- (b) Issue an order imposing an administrative penalty against an athlete agent who violated any provision of this chapter or any rule adopted or order issued under this chapter; and
- (c) Take any other action authorized under the provisions of this chapter.
- (2) An order issued under subsection (1) of this section is effective on the date of its issuance. Upon the order's issuance, the Secretary of State shall promptly serve each person subject to the order with a copy of the order and a notice that the order has been entered. The order must include a statement of any civil penalty or other administrative remedy to be imposed under subsection (1) of this section, a statement of the costs of investigation that the secretary will seek to recover, a statement of the reasons for the order, and a statement notifying the person of his or her right to a hearing under Section 73-42-13. If a person subject to the order does not request a hearing in writing within thirty (30) days of the date of the order and none is ordered by the hearing officer, then the order, including the imposition of a civil penalty or requirement for payment of the costs of investigation, shall become final as to that person by operation of law.
- (3) In a final order, the secretary may charge the actual cost of an investigation or proceeding for a violation of this chapter or a rule adopted or order issued under this chapter.
- (4) If a petition for judicial review of a final order is not filed in accordance with Section 73-42-37, or the petition is denied by the court, the secretary may file a certified copy of the final order with the clerk of a court in the jurisdiction where enforcement will be sought. The order so filed has the same effect as a judgment of the court and may be recorded, enforced, or satisfied in the same manner as a judgment of the court.
- (5) If a person does not comply with an order issued under this section, the secretary may petition a court of competent jurisdiction to enforce the order and collect administrative civil penalties and costs imposed under the final order. The court may not require the secretary to post a bond in an action or proceeding under this section. If the court finds, after service and opportunity for hearing, that the person did not comply with the order, the court may adjudge the person in civil contempt of the order. The court may grant any relief the court determines is just and proper in the circumstances.
- (6) Any person aggrieved by a final order of the secretary may obtain a review of the order in the circuit court in Mississippi in the county of residence of the athlete agent, the student-athlete, or educational institution by filing within thirty (30) days after the entry of the order, a written petition praying that the order be modified or set aside, in whole or in part. A copy of the petition shall be served upon the secretary, and the secretary shall certify and file with the court a copy of the record and evidence upon which the order was entered. When these have been filed, the court has exclusive jurisdiction to affirm, modify, enforce or set aside the order, in whole or in part. The findings of the secretary as to the facts, if supported by competent material and substantial evidence, are conclusive. The beginning of proceedings under this subsection does not operate as a stay of the secretary's order, unless specifically ordered by the court.
Laws, 2011, ch. 541, § 18, eff. 4/26/2011.
Amended by Laws, 2024, ch. 378, SB 2417,§ 23, eff. 4/18/2024.
Notes of Decisions
Cited in 2
cases, 2015–2017 · leading case: Howard v. Mississippi Sec'y of State, 184 So. 3d 295 (Miss. Ct. App. 2015).
Howard v. Mississippi Sec'y of State, 184 So. 3d 295 (Miss. Ct. App. 2015). “The division respondéd to Howard’s petition, filed a certified copy of the administrative record under Mississippi Code Annotated section 73-42-34(6), and requested a briefing schedule.”
Andy Barlow, D.C. v. Mississippi State Bd. of Chiropractic Examiners, 233 So. 3d 223 (Miss. 2017). “§ 73-33-11 (5) (public accountants); Miss. Code Ann. § 73-42-34 (3) (athlete agents); Miss.”
Miss. Code Ann. § 73-42-34(6): 1 case
Howard v. Mississippi Sec'y of State, 184 So. 3d 295 (Miss. Ct. App. 2015). “The division respondéd to Howard’s petition, filed a certified copy of the administrative record under Mississippi Code Annotated section 73-42-34(6), and requested a briefing schedule.”
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