Petition for Reconsideration (Administrative Agency) - Mississippi

PETITION FOR RECONSIDERATION (ADMINISTRATIVE AGENCY)

State of Mississippi — Agency-Specific Reconsideration and Rehearing Procedures

CRITICAL DEADLINE AND PROCEDURAL NOTICE — READ BEFORE FILING

Mississippi has NO general Administrative Procedure Act provision governing reconsideration or judicial review of contested-case decisions. The Mississippi Administrative Procedures Law, Miss. Code Ann. §§ 25-43-1.101 through 25-43-4.109, governs only agency rulemaking (notice-and-comment procedures, petitions to adopt/amend/repeal rules, declaratory opinions on rules, and small-business regulatory flexibility analysis). It contains no article on contested-case adjudication, no reconsideration/rehearing right, and no judicial-review deadline. There is no uniform statewide deadline (such as "120 days") for seeking review of an agency's final order. Do not rely on any general deadline for this petition — the applicable deadline, forum, and procedure depend entirely on the specific agency's enabling statute and rules.

Reconsideration under agency rules: Reconsideration or rehearing of a contested-case decision is governed exclusively by each individual agency's enabling statute and rules. Some Mississippi agencies expressly provide for rehearing or reconsideration (e.g., the Public Service Commission, under Miss. Code Ann. § 77-3-65, allows an application for rehearing within 30 days of the order, with the Commission required to act within 20 days); others do not. You must check the specific agency's enabling statute and regulations before relying on any deadline in this template.

Judicial review — agency-specific, not uniform: Where certiorari to the circuit court is available under Miss. Code Ann. § 11-51-95 for an inferior tribunal's judgment, § 11-51-93 supplies the procedure, including a petition supported by affidavit within six months after the judgment under review and a bond. The Mississippi Supreme Court states these requirements in Mississippi Division of Medicaid v. Alliance Health Center, No. 2013-IA-00436-SCT, ¶ 8 (Sept. 10, 2015). Section 11-51-95 sets a separate 30-day period for a municipal civil service commission decision. Determine whether certiorari is available for the particular agency and whether a different statute supplies the controlling review route. Other routes have different deadlines and forums: Public Service Commission orders under § 77-3-72, Department of Corrections administrative-remedy decisions under § 47-5-807, Department of Revenue board orders under §§ 27-77-7 and 27-77-13, and county-board or municipal appeals under § 11-51-75. Calendar the route that governs this decision.

Effect of reconsideration on the judicial-review deadline: Whether filing a petition for reconsideration tolls or extends the applicable judicial-review deadline depends entirely on the agency's specific statute and rules. Do not assume tolling without confirmation from the agency's rules or counsel — in several agency schemes (e.g., the PSC), the running of the appeal deadline is expressly tied to when a rehearing application is granted, refused, or deemed refused, so the two deadlines interact in a statute-specific way that must be checked directly.

Exhaustion of remedies: Under Mississippi law, a party generally must exhaust all administrative remedies available within the agency before seeking judicial review. If the agency provides for reconsideration or rehearing, it may need to be pursued before judicial review is available. Failure to timely seek review within the applicable (agency-specific) deadline is typically treated as jurisdictional and will result in dismissal.

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, where the agency's own rules provide for reconsideration or rehearing, is typically a step before seeking judicial review. Because Mississippi has no general Administrative Procedure Act provision governing contested-case reconsideration, the availability of this remedy — and the forum and deadline for any subsequent judicial review — depend entirely on the specific agency's enabling statute and rules (see, e.g., the Public Service Commission's rehearing procedure under Miss. Code Ann. § 77-3-65, or the Department of Corrections' administrative-remedy judicial-review procedure under Miss. Code Ann. § 47-5-807).

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 Revenue (DOR) tax assessments and refunds use its Review Board and the Board of Tax Appeals; use those tax-appeal procedures instead of this general reconsideration form
• 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 Public Service Commission (MPSC) — utility regulation
• 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 case law reviewing agency contested-case decisions; not derived from the Mississippi Administrative Procedures Law, which governs rulemaking only)

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 agency's own procedural rules 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 the specific agency enabling statute and/or rule authorizing reconsideration or rehearing — the Mississippi Administrative Procedures Law, Miss. Code Ann. §§ 25-43-1.101 through 25-43-4.109, governs agency rulemaking only and does NOT itself create a right to reconsideration of a contested-case decision). 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:

Mississippi has no uniform statutory deadline for judicial review of agency contested-case decisions; the deadline is fixed by the specific agency's enabling statute (examples range from 10 days for county board/municipal appeals under Miss. Code Ann. § 11-51-75, to 30 days for Public Service Commission and Department of Corrections matters, to 60 days for certain Department of Revenue matters). The applicable judicial-review deadline for this matter is: [________________________________] days after [________________________________] (event triggering the deadline), pursuant to [________________________________] (cite agency-specific statute). Petitioner states:

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

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

☐ 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)
☐ 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 case law (not a codified general judicial-review statute), "[t]he decision of an administrative agency is not to be disturbed unless the agency order: (1) was unsupported by substantial evidence; (2) was arbitrary or capricious; (3) was beyond the agency's scope or powers; or (4) violated the constitutional or statutory rights of the aggrieved party." Bd. of Law Enforcement Officers Standards & Training v. Butler, 672 So. 2d 1196, 1199 (Miss. 1996). Confirm the precise formulation applied to the specific agency/proceeding, since some agency-specific statutes prescribe their own standard of review.]

[________________________________]
[________________________________]

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 — Forum and Deadline Are Agency-Specific:

Mississippi has no general statute prescribing a uniform forum or deadline for judicial review of agency contested-case decisions. The petitioner must identify and follow the specific agency's enabling statute, which may direct review to the circuit court, the chancery court, or (for some agencies, such as the Public Service Commission) directly to the Mississippi Supreme Court. Representative examples (verify against the specific agency before relying on any of these):

• Public Service Commission: Direct appeal to the Mississippi Supreme Court within 30 days after the order (or after rehearing is refused/deemed refused/decided), per Miss. Code Ann. §§ 77-3-65, 77-3-72.
• Department of Corrections (Administrative Remedy Program): Petition for judicial review in circuit court within 30 days after receipt of the agency's final decision, per Miss. Code Ann. § 47-5-807; this deadline is jurisdictional.
• Department of Revenue Board of Review: 30 or 60 days depending on the type of order, per Miss. Code Ann. §§ 27-77-7, 27-77-13.
• County boards of supervisors / municipal authorities: 10 days, per Miss. Code Ann. § 11-51-75.
• Inferior tribunals for which certiorari is available: Sections 11-51-95 and 11-51-93 require a petition supported by affidavit within six months after the judgment under review, plus a bond; § 11-51-95 gives municipal civil service commission decisions a separate 30-day period. Confirm that this route applies before using it.

For all of the above:

• Exhaustion: The petitioner must generally have exhausted all administrative remedies available within the agency, including any reconsideration or rehearing the agency's rules require or permit.
• Standard of review: Courts generally review 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 — but confirm the precise standard in the governing statute, since it can vary by agency.
• Record: The agency is typically required to certify and transmit the record to the reviewing 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.

Use this template only where the particular Mississippi agency's enabling statute or rules authorize reconsideration of its decision; cite that authority in the petition. Miss. Code Ann. §§ 25-43-1.101 et seq. concern rulemaking and do not supply general contested-case reconsideration authority. Attorney admission follows the Mississippi Supreme Court-approved Rules Governing Admission to the Mississippi Bar, including their specific review routes. This template must be reviewed and customized by a qualified attorney licensed in Mississippi before use.