BARNES, J., for the Court:
¶ 1. After pleading guilty in 1999 to a felony charge of embezzlement, Augustus Johnson, a police officer with the Itta Bena Police Department, was discharged from employment. Pursuant to regulations, his certification as a law-enforcement officer was returned to the Board on Law Enforcement Officer Standards and Training (the Board) for the Mississippi Department of Public Safety. Nine years later, Johnson applied for a position as a patrol officer with the Mississippi Valley State University campus police (MVSU), which requested that the Board reinstate Johnson's certification.
¶ 2. Johnson received his certification as a law-enforcement officer on October 10, 1990, and was employed with the Itta Bena Police Department. In 1998, facing severe personal financial difficulties, Johnson pawned five guns, two of which were the property of the police department. Johnson was charged with, and pleaded guilty to, felony embezzlement. On December 6, 1999, the Circuit Court of Leflore County ordered Johnson to complete a pretrial diversion program and pay a fine of $250.
¶ 3. The embezzlement charge was dismissed on August, 20, 2001, after Johnson had successfully completed his pretrial diversion program. After a request was submitted by Johnson, his criminal record was expunged in March 2008. MVSU then submitted an application to the Board on Johnson's behalf, requesting that his certification be reinstated. In a letter dated May 1, 2009, the Board informed MVSU and Johnson: "According to our policies[,] we cannot approve his certification request. The reason for this denial is that this officer has a record of embezzlement with Pre-trial Diversion. As I am sure you are aware, [the Board] is responsible for insuring that certified officers maintain standards of good moral character."
¶ 4. Upon Johnson's request, the Board conducted a hearing regarding Johnson's certification on September 11, 2008. At the hearing, Johnson was allowed to testify and present witnesses to support his case for certification. The Board, after hearing such evidence and reviewing the record, "voted unanimously to cancel and recall [Johnson's] certificate," noting that his conduct "violate[d] the minimum standards and diminishe[d] the public trust in [his] competence and reliability to assume and discharge the responsibilities of a law enforcement officer."
¶ 5. Johnson appealed the Board's findings to the Leflore County Chancery Court. The chancellor reversed the Board's decision, determining that the Board conducted a hearing for initial certification rather than recertification and that the Board failed to submit any specific facts that it had relied upon in making its decision. The chancery court remanded the case for a de novo hearing based upon its findings. The Board has appealed the chancery court's order; upon our review, we find that the reversal was an abuse of discretion and that the chancellor substituted his judgment for that of the agency. We reverse the chancellor's judgment and reinstate the Board's denial and recall of Johnson's certification.
¶ 6. This Court will not disturb the decision of an administrative agency "unless the agency order was unsupported by substantial evidence, was arbitrary or capricious, was beyond the agency's scope or powers, or violated the constitutional or statutory rights of the aggrieved party." Miss. Bd. on Law Enforcement Officer Standards and Training v. Clark, 964 So.2d 570, 573 (¶ 7) (Miss.Ct.App.2007) (citing Miss. Bd. on Law Enforcement Officer Standards & Training v. Voyles, 732 So.2d 216, 218 (¶ 6) (Miss.1999)). Furthermore, an appellate court "cannot substitute its judgment for that of the agency"[;] rather, the "[a]ppellate review of an agency's decision is limited to the record and the agency's findings." Id. "When this Court finds that the lower court has exceeded its authority in overturning an
¶ 7. The chancery court reversed the Board's decision and remanded for a hearing to afford Johnson an opportunity to present additional evidence for consideration by the Board. However, the Board contends that Johnson was provided appropriate due process and a chance to present such evidence at the September 11, 2008 hearing.
¶ 8. "Administrative agencies must afford minimal due process consisting of notice and an opportunity to be heard." D.J. Koenig & Assocs., Inc. v. Miss. State Tax Comm'n, 838 So.2d 246, 254 (¶ 24) (Miss.2003) (citing State Oil & Gas Bd. v. McGowan, 542 So.2d 244, 246 (Miss.1989)). "The fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner." Carl Ronnie Daricek Living Trust v. Hancock County ex rel. Bd. of Supervisors, 34 So.3d 587, 595 (¶ 16) (Miss.2010) (citation omitted). Mississippi Code Annotated section 45-6-11(8) (Rev.2004) also states:
¶ 9. In the Board's May 1, 2008 letter, notifying Johnson of the denial of his request for certification, the Board informed him of the opportunity to request a hearing before the Board, which Johnson promptly submitted. Furthermore, at the start of the September 11, 2008 hearing, the Board asked Johnson the following:
Johnson then proceeded to testify regarding his successful completion of the pre-trial diversion program and the expungement of his criminal record. Johnson also presented a witness, the former Itta Bena deputy chief of police, who testified that Johnson was an "upstanding citizen" who had made "a bad judgment" and recommended to the Board that Johnson be given a second chance. Based on this information, we find that the Board afforded Johnson sufficient due process prior to the recall of his certification at the September 11, 2008 hearing.
¶ 10. The Board also contends that it was not required to conduct a hearing in 1999 to recall Johnson's certification, asserting that no action was needed at that time. The Board on Law Enforcement Officer Standards and Training (BLEOST) Professional Certification Policy and Procedures Manual states in Chapter 2, section 102.05 (Rev.2006):
Also, in Chapter 3, section 102.08 (Rev. 2001), the manual reads: "Board hearings may be convened at the request of the director or upon the receipt of a request from an individual aggrieved of a staff finding, administrative action or to obtain relief under board policies." (Emphasis added). Nowhere in these policy regulations does it require that the Board conduct a hearing for those actions outlined in section 102.05. Thus, the Board's decision not to conduct a hearing after Johnson's certification was returned in 1999 was not a violation of due process.
¶ 11. The Board claims that it has "ample statutory authority . . . to determine whether or not to reactivate and/or revoke a certificate[,]" and its decision to recall Johnson's certificate was supported by such authority. The Board also asserts that Johnson's certification had been merely inactive, and since Johnson "expressed no interest in returning to law enforcement," his certification had lapsed pursuant to Board regulations. See BLEOST Prof'l Certification Policy and Procedures Manual, Ch. 2, § 102.09 ("When an officer, certified by Mississippi statute, leaves law enforcement employment for a period of two years or more, his or her certification will lapse.").
¶ 12. "[A]n administrative agency's construction of its own rules and regulations and the statutes under which it operates" is afforded great deference by this Court and reviewed de novo. Miss. Real Estate Appraiser Licensing and Certification Bd. v. Schroeder, 980 So.2d 275, 288 (¶ 34) (Miss.Ct.App.2007) (citing Sierra Club v. Miss. Envtl. Quality Permit Bd., 943 So.2d 673, 678 (¶ 10) (Miss.2006)). It is apparent from the statutes and regulations that the Board has considerable discretion as to its actions regarding a returned certification. As already noted, the Board's policy manual states that a certification may be inactivated, reassigned to a new officer, revoked, or the Board might simply delay any consideration. Further, Mississippi Code Annotated section 45-6-11(7) (Rev.2004) states:
(Emphasis added).
¶ 13. Johnson's main argument is that since his hearing was, unbeknownst to
¶ 14. We also find Johnson's claim on appeal—that the chancellor found "that there was nothing in the record which indicated the type of hearing to which Johnson was entitled, whether recertification, recall and cancellation"—erroneous. Johnson should have been aware that a recall of his certification was a possible outcome of the proceedings. In the Board's letter denying Johnson's certification request, the Board quoted its policy for the recall or cancellation of certificates. Also, in the letter advising Johnson of his hearing date, the Board clearly stated: "The Board may reject any unqualified applicant for certification by a classification of not eligible and reprimand, suspend or cancel and recall your certificate." (Emphasis added).
¶ 15. Accordingly, we find that the Board's actions were consistent with statutory authority and its policy and procedural regulations.
¶ 16. Anticipating that Johnson might argue that the doctrine of laches bars the revocation of his certification nine years after the entry of his guilty plea, the Board makes the proactive argument that it does not bar the Board's actions. "[T]he doctrine of laches . . . prevents one from pursuing a claim after an inordinate and unjustified delay that works to the disadvantage of the responding party." Aron v. Reid, 850 So.2d 108, 113 (¶ 20) (Miss.Ct. App.2002) (citing Allen v. Mayer, 587 So.2d 255, 260 (Miss.1991)). "Laches requires the party seeking to assert the defense show: `(1) delay in asserting a right or claim; (2) that the delay was not excusable; and (3) that there was undue prejudice to the party against whom the claim is asserted.'" Nicholas v. Nicholas, 841 So.2d 1208, 1212 (¶ 13) (Miss.Ct.App.2003) (citations omitted).
¶ 17. As we have already observed, nothing in the Board's regulations required the Board to conduct a hearing or take immediate action on Johnson's certification that was returned. We also find that Johnson suffered no prejudice from the Board's failure to take action until 2008. It was Johnson's decision not to attempt to re-enter law enforcement for nine years, likely due to his desire to have his record expunged before doing so. In fact, the passage of nine years provided Johnson time to show evidence of rehabilitation. Also, the Mississippi Supreme Court has held that it is a well-settled principle "that a governmental entity is not charged with the laches of its officials[.]" Morrow v. Vinson, 666 So.2d 802, 805 (Miss.1995) (quoting Hill v. Thompson, 564 So.2d 1, 14 (Miss.1989)). Therefore, we agree with the Board's contention that the doctrine of laches would not be applicable in this instance.
¶ 18. The Board contends that the chancery court's reversal of the Board's decision to recall Johnson's certification was an abuse of discretion. In his opinion, the chancellor reasoned that although Johnson's certificate was never officially revoked after his dismissal in 1999, the certification was subject to a "de facto recall." The chancellor further stated that "it is the Board's responsibility to initiate action to examine whether circumstances exist to recall certificates." The chancery court concluded that, since the hearing was for Johnson's decertification instead of recertification, the Board was required to provide "sufficient justification" for its denial.
¶ 19. We find that the chancery court's assumption that a "de facto" recall of Johnson's certification occurred prior to the hearing is not based on any evidence in the record. At the hearing, the chancellor observed:
(Emphasis added). Sitting as an appellate court in cases involving findings by an administrative agency, the chancery court may not consider any evidence outside the record. Furthermore, the chancellor admitted that the language used by the Board in its opinion "seemed to indicate that this was the first time [certification] was actually officially canceled," and counsel for Johnson agreed with this statement. The Board has the discretion under statutory and policy regulations to take a variety of actions regarding a certificate, including delaying consideration, inactivation, or revocation. Nowhere does it state that the failure by the Board to take affirmative action on a returned certificate constitutes a "de facto" recall.
¶ 20. To support its decision on appeal, the Board cites a similar case, Board on Law Enforcement Officer Standards and Training v. Rushing, 752 So.2d 1085 (Miss.Ct.App.1999). Bobby Ray Rushing was a deputy sheriff with the Jefferson Davis County Sheriff's Department. Like Johnson, Rushing pawned a gun that was law-enforcement property, and he was indicted for embezzlement in Marion County, Mississippi.
Id. at 1091 (¶ 21). We further reasoned:
Id. at 1091-92 (¶ 22). Here, the chancellor distinguished Johnson's case from Rushing, stating:
However, this distinction is not relevant to our review and disposition. The timing of when the Board learns of a guilty plea or felony charge has no bearing on the manner in which the Board conducts its hearing. Rather, as this Court observed in Rushing: "It is the conduct and not the resulting punishment that speaks to a certificated law enforcement officer's fitness to continue in that role." Rushing, 752 So.2d at 1091 (¶ 19).
¶ 21. We find that the Board's recall of Johnson's certification was not arbitrary or capricious. Mississippi Code Annotated section 45-6-11(4) (Rev.2004) states, in pertinent part, that:
(Emphasis added). Contained in the Board's Policy and Procedures Manual is the "Law Enforcement Code of Ethics," which requires every law-enforcement officer to recite, in part, the following:
(Emphasis added). Johnson clearly failed to uphold this code of ethics. Chapter 3, section 101.04(2) of the manual reads:
Accordingly, the Board was well within its authority and discretion to recall Johnson's certification, and its decision was supported by the evidence.
¶ 22. Also, as the Board in its brief to this Court observed, two years have elapsed since the Board's denial of certification, and Johnson may now re-apply. Mississippi Code Annotated section 45-6-11(10) (Rev.2004) reads: "Any full-or part-time law enforcement officer whose certification has been cancelled pursuant to this chapter may reapply for certification, but not sooner than two (2) years after the date on which the order of the board cancelling such certification becomes final."
¶ 23. We find that the chancery court exceeded its authority in its reversal and remand of the Board's decision. Accordingly, we reverse the judgment of the chancery court, and we render a judgment to reinstate the Board's decision.
¶ 24.
LEE, C.J., IRVING AND GRIFFIS, P.JJ., MYERS, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ., CONCUR. RUSSELL, J., NOT PARTICIPATING.