Petition for Reconsideration (Administrative Agency)

PETITION FOR RECONSIDERATION (ADMINISTRATIVE AGENCY)

State of Mississippi — Mississippi Administrative Procedures Law (Miss. Code Ann. § 25-43-1.101 et seq.)

CRITICAL DEADLINE AND PROCEDURAL NOTICE — READ BEFORE FILING

Judicial review deadline: Under Mississippi law, a person who has exhausted all administrative remedies available within the agency may file a petition for judicial review. The petition for judicial review must be filed within 120 days after the date of the final agency action, unless a shorter time is provided by statute. This is one of the longer judicial review periods among the states.

Reconsideration under agency rules: The Mississippi Administrative Procedures Law (APL) does not contain a uniform statutory provision granting parties an automatic right to petition for reconsideration of a contested case decision. Instead, reconsideration is governed by each individual agency's rules and regulations. Some Mississippi agencies expressly provide for rehearing or reconsideration; others do not. You must check the specific agency's enabling statute and regulations.

Effect on judicial review deadline: Whether filing a petition for reconsideration tolls the 120-day judicial review period depends on the agency's specific rules. Do not assume tolling without confirmation from the agency's rules or counsel.

Where to file for judicial review: Judicial review is sought in the circuit court of the county in which the agency has its principal office, or in the circuit court of the county in which the petitioner resides or does business, or as otherwise provided by statute.

Exhaustion of remedies: Under Mississippi law, a party must exhaust all administrative remedies available within the agency before seeking judicial review. If the agency provides for reconsideration, it may need to be pursued before judicial review is available.

ABOUT THIS DOCUMENT

This Petition for Reconsideration is a formal request to a Mississippi state administrative agency to reconsider, modify, or vacate its final decision or order in a contested case. It is filed with the agency and is typically a step before seeking judicial review in the circuit court under the Mississippi APL.

Common Mississippi agencies where this petition may be used:

• Mississippi State Department of Health (MSDH) — health facility licensing, professional licensing, public health
• Mississippi Department of Human Services (MDHS) — public benefits, child welfare, SNAP
• Mississippi Department of Environmental Quality (MDEQ) — environmental permits, enforcement
• Mississippi Insurance Department (MID) — insurance regulation
• Mississippi Department of Finance and Administration (DFA) — tax matters
• Mississippi Department of Employment Security (MDES) — unemployment insurance
• Mississippi State Board of Medical Licensure — physician licensing
• Mississippi Board of Nursing — nursing licensing
• Mississippi Real Estate Commission — real estate licensing
• Mississippi Department of Revenue — tax assessments
• Mississippi Public Service Commission (MPSC) — utility regulation
• Mississippi Board of Bar Admissions — attorney admission
• Mississippi Secretary of State — business regulation, charitable organizations
• Mississippi Workers' Compensation Commission — workers' compensation disputes
• Mississippi Department of Wildlife, Fisheries, and Parks — natural resources

GROUNDS FOR RECONSIDERATION CHECKLIST

(Grounds commonly recognized under Mississippi administrative law and the APL)

Check all grounds that apply:

☐ Error of Law — The agency misapplied or misinterpreted a statute, regulation, or controlling legal standard, including the standard or burden of proof

☐ Error of Fact / Unsupported by Substantial Evidence — The agency's findings of fact are not supported by substantial evidence in the record as a whole

☐ Newly Discovered Evidence — Material evidence has been discovered that was not available and could not reasonably have been discovered or presented at the hearing, even with due diligence

☐ Agency Exceeded Its Statutory Authority — The agency acted beyond the scope of the authority delegated to it by the Mississippi Legislature

☐ Decision Is Arbitrary or Capricious — The decision lacks a rational basis, is unsupported by the findings, or is characterized by an abuse of discretion

☐ Procedural Error / Denial of Due Process — A material procedural defect occurred that violated Petitioner's rights under the Mississippi APL or constitutional due process

☐ Constitutional Violation — The decision or the underlying statute/rule violates the Mississippi Constitution or the United States Constitution

☐ Failure to Follow Required Procedures — The agency failed to observe procedures required by law, resulting in prejudice to Petitioner's substantial rights

☐ Decision Not in Accordance with Law — The agency's conclusions of law are not in accordance with applicable Mississippi statutes and regulations

☐ Penalty or Sanction Is Disproportionate — The penalty or sanction imposed is excessive in relation to the violation and inconsistent with agency guidelines or prior precedent

☐ Other: [________________________________]

PETITION FOR RECONSIDERATION

BEFORE THE [________________________________]
STATE OF MISSISSIPPI

In the Matter of:

[________________________________]
[________________________________]
(Petitioner / Respondent in Underlying Proceeding)

Agency Case/Docket No.: [________________________________]

Decision/Order Reference: [________________________________]

Date Decision Was Served/Mailed: [__/__/____]

PETITION FOR RECONSIDERATION OF FINAL AGENCY DECISION

SECTION 1 — IDENTIFICATION OF PARTIES

1.1 Petitioner:

Full Legal Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], MS [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]
License/Permit No. (if applicable): [________________________________]
Mississippi Business Entity Type (if applicable): [________________________________]

1.2 Petitioner's Legal Counsel:

Attorney Name: [________________________________]
Mississippi Bar No.: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], MS [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

1.3 Respondent Agency:

Agency Name: [________________________________]
Division/Board/Bureau (if applicable): [________________________________]
Executive Director/Commissioner: [________________________________]
Clerk/Docket Contact: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], MS [____]

1.4 Other Parties of Record:

Name: [________________________________] Role (e.g., Complainant, Intervenor): [________________________________]
Address: [________________________________]

Name: [________________________________] Role: [________________________________]
Address: [________________________________]

SECTION 2 — JURISDICTION AND TIMELINESS

2.1 Statutory and Regulatory Basis:

This Petition for Reconsideration is filed pursuant to [________________________________] (cite agency-specific rule or regulation authorizing reconsideration) and pursuant to the general provisions of the Mississippi Administrative Procedures Law, Miss. Code Ann. §§ 25-43-1.101 through 25-43-4.109. Petitioner is a party to the above-captioned contested case and requests that the agency reconsider its final decision on the grounds stated herein.

2.2 Timeliness — Deadline Calculation:

The agency's decision was served/mailed on: [__/__/____]

Petitioner received notice of the decision on: [__/__/____]

The deadline for filing a petition for reconsideration under the agency's rules is: [__/__/____]

This Petition is filed on: [__/__/____]

☐ This Petition is timely filed within the period allowed under the agency's reconsideration rules.

2.3 Effect on Judicial Review Deadline:

Under Mississippi law, a petition for judicial review must be filed within 120 days after the date of the final agency action. Petitioner states:

☐ The agency's rules expressly provide that filing a petition for reconsideration tolls the 120-day judicial review deadline.

☐ The agency's rules do NOT expressly address tolling, and Petitioner is preserving all rights to judicial review by monitoring the 120-day deadline.

☐ Petitioner is simultaneously filing for judicial review to preserve all rights.

2.4 Agency-Specific Reconsideration Rules:

Agency rule authorizing reconsideration: [________________________________]
Mississippi Administrative Code cite: [________________________________]
Time limit for filing: [________________________________]
Additional requirements: [________________________________]

SECTION 3 — DESCRIPTION OF CHALLENGED DECISION

3.1 Identification of Decision:

Title of Final Decision/Order: [________________________________]
Decision/Order Number: [________________________________]
Date Decision Issued: [__/__/____]
Date Decision Served/Mailed to Petitioner: [__/__/____]

Presiding Officer/Hearing Officer (if applicable): [________________________________]
Date of Hearing(s): [__/__/____] through [__/__/____]

☐ Agency adopted hearing officer's recommended decision without modification
☐ Agency modified hearing officer's recommended decision (describe below)
☐ Agency rejected hearing officer's recommended decision
☐ No hearing officer — agency decided directly

Description of modification or rejection (if applicable): [________________________________]
[________________________________]

3.2 Nature of the Proceeding:

☐ Professional or occupational license denial, suspension, revocation, or non-renewal
☐ Civil penalty or fine
☐ Environmental permit denial, modification, or enforcement action (MDEQ)
☐ Public benefits denial or reduction (MDHS)
☐ Unemployment insurance determination (MDES)
☐ Health facility licensing action (MSDH)
☐ Insurance regulatory action (MID)
☐ Tax assessment or deficiency (DOR)
☐ Workers' compensation dispute
☐ Public utility regulatory matter (MPSC)
☐ Other: [________________________________]

3.3 Summary of Challenged Decision:

[Describe precisely what the agency found and ordered. Include specific violations found, penalties imposed, license actions taken, and what portions of the decision are being challenged. Cite to page and paragraph numbers.]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

SECTION 4 — PROCEDURAL HISTORY

4.1 Initiation of Proceeding:

Date of initial agency action or notice: [__/__/____]
Title of initial pleading/notice: [________________________________]
Initiating party: [________________________________]

4.2 Pre-Hearing Proceedings:

Notice of Hearing: [__/__/____]
Prehearing Conference: [__/__/____]
Discovery: ☐ Yes ☐ No Description: [________________________________]
Motions filed: [________________________________]

4.3 Hearing:

Hearing date(s): [__/__/____] through [__/__/____]
Presiding Officer/Hearing Officer: [________________________________]
Location: [________________________________]

Witnesses for Petitioner:

1. [________________________________] Subject: [________________________________]
2. [________________________________] Subject: [________________________________]
3. [________________________________] Subject: [________________________________]

Witnesses for Agency:

1. [________________________________] Subject: [________________________________]
2. [________________________________] Subject: [________________________________]

Exhibits admitted:

• Agency Exhibits: [________________________________]
• Petitioner Exhibits: [________________________________]

4.4 Recommended Decision (if applicable):

Hearing officer issued recommended decision on: [__/__/____]
Key findings: [________________________________]

4.5 Agency Final Decision:

Agency issued final decision on: [__/__/____]
Effective date of decision: [__/__/____]

SECTION 5 — STATEMENT OF FACTS

5.1 Background and Context:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.2 Specific Factual Errors or Omissions in the Decision:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.3 Facts Supporting Ground 1 ([________________________________]):

[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.4 Facts Supporting Ground 2 ([________________________________]):

[________________________________]
[________________________________]
[________________________________]

5.5 Newly Discovered Evidence (if applicable):

Description of new evidence: [________________________________]
Date discovered: [__/__/____]
Why not available before or during hearing despite diligence: [________________________________]
How this evidence would have materially affected the outcome: [________________________________]

SECTION 6 — GROUNDS FOR RECONSIDERATION AND LEGAL ARGUMENT

Ground 1: [________________________________]

Specific Error in the Decision:

[Identify the precise finding of fact, conclusion of law, or penalty determination that is erroneous. Cite the page and paragraph of the agency's decision.]

[________________________________]
[________________________________]
[________________________________]

Legal Standard:

[State the applicable standard. Under Mississippi law, the reviewing court may reverse or remand the agency decision if the petitioner's substantial rights have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (a) in violation of constitutional or statutory provisions; (b) in excess of the statutory authority of the agency; (c) made upon unlawful procedure; (d) unsupported by substantial evidence; (e) arbitrary or capricious; or (f) characterized by an abuse of discretion.]

[________________________________]
[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• Mississippi Statute: [________________________________]
• Mississippi Administrative Code: [________________________________]
• Case Law: [________________________________]
• Agency Precedent: [________________________________]

Ground 2: [________________________________]

Specific Error:

[________________________________]
[________________________________]

Legal Standard:

[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• [________________________________]
• [________________________________]
• [________________________________]

Ground 3 (if applicable): [________________________________]

Specific Error:

[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• [________________________________]
• [________________________________]

SECTION 7 — RELIEF REQUESTED

Petitioner respectfully requests that the Agency:

☐ Vacate the Decision in its entirety and dismiss the proceeding

☐ Modify the Decision as follows: [________________________________]

☐ Remand for a new or supplemental hearing on the following issues: [________________________________]

☐ Reopen the record to receive newly discovered evidence described herein

☐ Reduce the penalty from [________________________________] to [________________________________], with reasoning: [________________________________]

☐ Reduce the disciplinary action from [________________________________] to [________________________________]

☐ Stay the effective date of the decision pending resolution of this Petition

☐ Other: [________________________________]

SECTION 8 — EXHIBITS

SECTION 9 — VERIFICATION

I, [________________________________], do solemnly swear (or affirm) that the foregoing Petition for Reconsideration is true and correct to the best of my knowledge, information, and belief, and that I am authorized to file this Petition on behalf of Petitioner.

Executed on [__/__/____] at [________________________________], Mississippi.

Signature: _________________________________
Printed Name: [________________________________]
Title/Capacity: [________________________________]

Sworn to and subscribed before me this [____] day of [________________________________], 20[____].

_________________________________
Notary Public
My Commission Expires: [__/__/____]

SECTION 10 — SIGNATURE BLOCK

Respectfully submitted,

_________________________________
[________________________________] (Attorney Name)
Mississippi Bar No.: [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], MS [____]
Telephone: ([____]) [____]-[____]
Facsimile: ([____]) [____]-[____]
Email: [________________________________]

Counsel for Petitioner [________________________________]

Date: [__/__/____]

SECTION 11 — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Petition for Reconsideration and all exhibits upon the following parties by the method(s) indicated:

Agency Clerk / Docket Office:
[________________________________]
[________________________________], MS [____]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Overnight courier ☐ Email: [________________________________] ☐ Agency e-filing system

Agency Legal Counsel / Attorney General's Office:
[________________________________]
[________________________________]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Email: [________________________________]

Opposing Party / Complainant:
[________________________________]
[________________________________]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Email: [________________________________]

Other Party of Record:
[________________________________]
[________________________________]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Email: [________________________________]

_________________________________
Signature
Printed Name: [________________________________]
Date: [__/__/____]

SECTION 12 — NEXT STEPS AND JUDICIAL REVIEW

12.1 Agency Action on Petition:

The agency may:

• Grant the petition and reconsider the case on the merits
• Grant rehearing or supplemental proceedings
• Modify, vacate, or affirm the decision
• Deny the petition in writing with stated reasons
• Take no action (deemed denial if agency rules provide for one)

12.2 Judicial Review — Circuit Court:

Under Mississippi law, judicial review of final agency action is sought by filing a petition in the circuit court:

• Where to file: Circuit court of the county in which the agency has its principal office, or the county in which the petitioner resides or does business
• Deadline: Within 120 days after the date of the final agency action (unless a shorter period is provided by statute)
• Exhaustion: The petitioner must have exhausted all administrative remedies available within the agency
• Standard of review: The court reviews the record to determine whether the decision is supported by substantial evidence, is arbitrary or capricious, is in excess of statutory authority, or was made upon unlawful procedure
• Record: The agency must certify and transmit the record to the court

12.3 Preservation of Issues:

All issues intended to be raised on judicial review should be raised in this Petition. Under Mississippi law, issues not raised before the agency may be deemed waived on judicial review.

12.4 Stay Pending Review:

A stay of the agency's decision may be sought from the agency or from the circuit court after judicial review is initiated. The court may impose conditions and require the posting of a bond.

This template was prepared for use in Mississippi administrative proceedings under Miss. Code Ann. §§ 25-43-1.101 et seq. Because Mississippi's APL does not contain a universal reconsideration provision, the availability and procedures for reconsideration depend on each agency's specific rules. This template must be reviewed and customized by a qualified attorney licensed in Mississippi before use.