24 Miss. Code. R. 2-6.2 - Procedures for Appeal
A. All appeals must
be initiated by filing a written notice of appeal from the Executive Director
by certified mail in an envelope clearly marked Notice of Appeal or by email
with Notice of Appeal in the subject line to the appropriate DMH Deputy
Director and a copy to the DMH Office of General Counsel within 10 business
days from the date of the final notification by DMH of the decision(s) being
appealed (described above). The effective action of the decision(s) being
appealed shall not be stayed during the appeal process except at the discretion
of the DMH Executive Director.
B.
The written notice of appeal must have as its first line of text "Notice of
Appeal" in bold face type.
C. The
written notice of appeal must contain:
1. A
detailed statement of the facts upon which the appeal is based, including the
reasons justifying why the agency provider disagrees with the decision(s)
and/or penalty(ies) imposed by DMH under appeal; and
2. A statement of the relief
requested.
D. The Deputy
Director will conduct the first level of review.
E. If the Deputy Director determines that the
appeal merits the relief requested without any additional information requested
by the Deputy Director and/or DMH Chief Legal Counsel, the appellant will be
notified that the relief requested is granted within 10 business days of
receipt of the written appeal.
F.
If the Deputy Director determines that additional information is needed to make
a decision or recommendation, additional written documentation from the
appellant may be requested within 10 business days of receipt of the appeal.
The Deputy Director will specify a timeline by which the additional information
must be received.
G. Within 10
business days of the time set by the Deputy Director for receipt of the
additional information requested (described in Rule F. above), the Deputy
Director will:
1. Determine that the appeal
merits the relief requested and notify the appellant that the relief requested
is granted; or
2. Determine that
the appeal does not merit the relief requested and issue a recommendation of
such, justifying denial of the appeal to the Executive Director of DMH, who
will conduct the second level of review of the appeal.
H. Within 10 business days of receipt of a
recommendation for denial of an appeal from the Deputy Director (as described
in Rule G.2 above), the Executive Director of DMH will make a final decision
regarding the appeal and notify the appellant of the decision.
I. Timelines for review of appeals by the
Deputy Director and Executive Director may be extended for good cause as
determined by DMH.
J. If the
Executive Director concurs with the findings of the Deputy Director to deny the
appeal, the appellant may file a written request by certified mail in an
envelope clearly marked Notice of Appeal and addressed to the Executive
Director's office or by email with the Notice of Appeal in the subject line,
requesting a review of the appeal by the Mississippi State Board of Mental
Health. The request must be received by DMH within 10 business days after the
date of the notice of the Executive Director's decision to deny the appeal. For
agency providers applying for initial certification by DMH, the Executive
Director's decision is final.
K.
The written notice of appeal (described in Rule J. above) must have as its
first line of text "Notice of Appeal" in bold face type.
L. Only agency providers holding
certification by DMH may appeal to the Mississippi State Board of Mental
Health. The written request for review of the appeal by the Mississippi State
Board of Mental Health must contain:
1. A
detailed statement of the facts upon which the request for review of appeal is
based, including the reasons justifying why the agency provider disagrees with
the decision(s) by the Executive Director of DMH; and
2. A statement of the relief
requested.
M. The
Mississippi State Board of Mental Health review of appeals under this section
will be in compliance with the established policy of the Board regarding
appeals.
N. The Mississippi State
Board of Mental Health review of appeals under this section may be based upon
written documentation and/or oral presentation by the appellant, at the
discretion of the Board.
O.
Decisions of the Mississippi State Board of Mental Health are final.
Notes
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