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The commission may investigate alleged violations and initiate proceedings relative to a violation of this article or any rules and regulations promulgated pursuant to this article. Such proceedings include, without limitation, proceedings to issue a cease and desist order, and to issue an order imposing a civil penalty not to exceed Five Thousand Dollars ($5,000.00) for each violation. The commission shall afford an opportunity for a fair hearing to the alleged violator(s) after giving written notice of the time and place for said hearing. Failure to appear at any such hearing may result in the commission finding the alleged violator(s) liable by default. Any telephone solicitor found to have violated this article, pursuant to a hearing or by default, may be subject to a civil penalty not to exceed Five Thousand Dollars ($5,000.00) for each violation to be assessed and collected by the commission. Each telephonic communication shall constitute a separate violation.
All penalties collected by the commission shall be deposited in the special fund created under Section 77-3-721 for the administration of this article.
The commission may issue subpoenas, require the production of relevant documents, administer oaths, conduct hearings, and do all things necessary in the course of investigating, determining and adjudicating an alleged violation.
The remedies, duties, prohibitions and penalties set forth under this article shall not be exclusive and shall be in addition to all other causes of action, remedies and penalties provided by law, including, but not limited to, the penalties provided by Section 77-1-53.
(a) Qualification.--A taxpayer that is eligible under section 703 1 shall receive an alternative energy production tax credit for the taxable year in an amount equal to 15% of the total amount of all development, equipment and construction costs paid for alternative energy production projects, not to exceed $1,000,000 for each taxpayer, in the taxable year to be applied against the taxpayer's qualified tax liability.
(b) Calculation.--In calculating the total amount of all development, equipment and construction costs paid for alternative energy production projects, the taxpayer shall deduct the amount of any grant or other subsidy received in relation to the alternative energy production project for which the credit is sought by the taxpayer from a Federal, State or local government entity, including an authority.
(c) Notification of applicant.--The department shall, within 90 days of receipt, review each application and notify the applicant whether or not the applicant is approved for a tax credit.
(d) Notification of Department of Revenue.--Upon determination by the department that an approved applicant has incurred costs for an alternative energy production project, the Department of Revenue shall issue to an applicant a tax certificate that sets forth the amount of alternative energy production tax credit approved for the eligible applicant.
Cite this article: FindLaw.com - Mississippi Code Title 77. Public Utilities and Carriers § 77-3-725. Violations; investigation; prosecution; cease and desist orders; civil penalties; procedure; alternate penalties - last updated January 01, 2018 | https://codes.findlaw.com/ms/title-77-public-utilities-and-carriers/ms-code-sect-77-3-725.html
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