18 Miss. Code. R. 23-5.3 - Notice of a Programmatic Administrative Disqualification Action

The Division of Administrative Hearings shall provide written notice of a pending Programmatic Administrative Disqualification Action to a Client at least thirty (30) calendar days prior to the hearing. The notice shall contain:

A. The date, time, and manner of the hearing;

B. The allegation(s) against the Client;

C. A summary of the evidence, and how and where the evidence may be examined;

D. A statement informing the Client that they may waive their right to a hearing;

E. A description of the Client's rights during the hearing, including a description of the order of proof and an explanation that the burden of proof is carried by the Agency;

F. A warning, if the Client fails to appear, that a decision shall be based solely on information provided by the Agency;

G. A description of the penalties if the Client committed an intentional program violation; and,

H. A statement that the Programmatic Administrative Disqualification Action shall not preclude any state or the Federal government from prosecuting the Client for the same allegation(s) in a court of competent jurisdiction.

Notes

18 Miss. Code. R. 23-5.3

7 C.F.R. § 273.16(e)(3).

Adopted 5/10/2023 Amended 10/26/2023 Amended 7/29/2024 Amended 6/9/2025