3 Miss. Code. R. 1-7-706 - Appeal Process

1. The Office of the Attorney General (Victim Compensation Division Director), on his/her motion or on request of the victim, may reconsider a decision granting or denying ACP participation.

a. If the Office of the Attorney General denies an application or cancels ACP certification for any reason, the applicant or an adult, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, may appeal the decision by notifying the Office of the Attorney General in writing. The written request for reconsideration must be provided within thirty (30) days from the date the applicant receives the decision notification from the Office of the Attorney General. The request must include the following and clearly state:

2. That the applicant is requesting a reconsideration;

3. In a brief statement, the reason the applicant is requesting a reconsideration; and

4. Any information omitted from the original application that would have resulted in a different decision had the information been provided to the Office of the Attorney General.

5. The decision of the reconsideration becomes the final ruling of the Office of the Attorney General within thirty (30) days of notification of the decision if no request for a contested hearing is received.

6. If the Office of the Attorney General upholds the original decision, the applicant or an adult, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, may appeal the decision by notifying the Office of the Attorney General in writing. The written request for a contested hearing must be provided within thirty (30) days from the date the applicant receives the decision notification from the Office of the Attorney General. The request must include the following and clearly state:

7. That the applicant is requesting a contested hearing;

8. In a brief statement, the reason the applicant is requesting a contested hearing;

9. Any information omitted from the original application that would have resulted in a different decision had the information been provided to the Office of the Attorney General.

10. When a request for a contested hearing is received, the Office of the Attorney General shall:

a. Send the applicant a letter acknowledging receipt of the request for a hearing;

b. Set a date, time, and place for the hearing;

c. Send the applicant a Notification of the Contested Hearing to include the date, time, and place of the hearing;

d. Send the applicant the Policies for a Contested Hearing, providing the administrative rules of a hearing; and

e. Send the applicant the Policies for Issuance of Subpoenas, providing instructions for requesting the attendance of any witness.

11. Witnesses:

a. The applicant or an adult, a parent or guardian, acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, may request the attendance of witnesses on his or her behalf for the contested hearing.

b. The request for issuance of a subpoena should be made in writing to the Office of the Attorney General and received no later than twenty (20) days prior to the hearing date.

c. The cost of the issuance of a subpoena shall be the responsibility of the applicant and is payable in advance at the current rate of such cost. The fee shall be in the form of a cashiers check, money order, or bona fide attorneys check made payable to the sheriff of the county where the person subpoenaed may be found.

d. All witnesses shall testify under oath and shall be subject to cross examination.

12. The Office of the Attorney General shall have the power to subpoena witnesses, compel their attendance, and require the production of records and other evidence.

13. Failure to appear at the hearing, without good cause, will be considered as a withdrawal, waiving the right to appeal and will result in dismissal of the claim.

14. Record of the Hearing:

a. In order to preserve the record of the hearing, a recording shall be made by a court reporter retained at the expense of the Office of the Attorney General.

b. A record of the hearing in a contested case shall be made and shall be transcribed upon request of any party who shall pay transcription costs unless otherwise ordered by the Office of the Attorney General.

15. The applicant will be notified of all appeal request decisions in writing.

16. An applicant who disagrees with the contested hearing decision may appeal to the circuit court where the applicant resides or the Circuit Court of the First Judicial District of Hinds County by filing a petition with the clerk of the court and executing and filing bond payable to the State of Mississippi with sufficient sureties to be approved by the clerk of the court, conditioned upon the payment of all cost of appeal, including the cost of preparing the transcript of the hearing before the Attorney General. The petition and bond shall be filed within thirty (30) days of receipt of the final decision of the Attorney General.

17. The decision of the contested hearing becomes the final ruling of the Office of the Attorney General within thirty (30) days of notification of the decision if no appeal before the circuit court is made.

Notes

3 Miss. Code. R. 1-7-706