24 Miss. Code. R. § 7-8-3 - Notice of Complaint and Disciplinary Hearing

A. The Review Board shall notify the provisional certificant/ certificant/licensee that a complaint has been received and that a disciplinary hearing will be held.

B. The provisional certificant/ certificant/ licensee shall be notified at least thirty (30) days before the date of the disciplinary hearing. Notification shall be considered to have been given if the notice was personally received by the provisional certificant/certificant/licensee or if the notice was mailed "certified, return receipt requested" to the last known address as listed with the Division.

C. This notice shall inform the provisional certificant/certificant/licensee of the facts which are the basis of the complaint and which are specific enough to enable the provisional certificant/ certificant/licensee to defend against the complaint. The notice of the complaint and the disciplinary hearing shall also inform the provisional certificant/ certificant/licensee of the following:

(1) The date, time and location of the disciplinary hearing;

(2) That the provisional certificant/ certificant/licensee may appear personally at the disciplinary hearing and may be represented by counsel;

(3) That the provisional certificant/ certificant/ licensee shall have the right to produce witnesses and evidence on the provisional certificant's/ certificant's/ licensee's behalf and shall have the right to cross-examine adverse witnesses and evidence;

(4) That the Rules of Evidence do not apply;

(5) That the disciplinary hearing could result in sanctions being taken against the provisional certificant/ certificant/ licensee;

(6) That within fifteen (15) days of the disciplinary hearing, the Review Board shall, in writing, advise the provisional certificant/certificant/licensee what sanctions, if any, shall be imposed and the basis for the Review Board's action; and,

(7) That disposition of any formal complaint may be made by consent order or stipulation between the Review Board and the provisional certificant/ certificant/licensee.

D. The disciplinary hearing shall be an informal hearing and shall be presided over by the Chairperson of the Review Board.

E. Within fifteen (15) days of the disciplinary hearing, the Review Board shall provide written notification to the provisional certificant/ certificant/licensee as to what sanctions, if any, shall be imposed and the basis for the Review Board's action.

F. All disciplinary hearing proceedings are matters of public record and shall be preserved pursuant to state law.

Notes

24 Miss. Code. R. § 7-8-3