30 Miss. Code. R. 2501-8.2 - Complaint Procedures

Any person who believes he has been aggrieved by a violation of § 73-67-1 et. seq. or any Board regulation shall have the right to file a written complaint within two (2) years of the alleged violation. The Board shall maintain a written record of each complaint that is made. The Board shall also send to the complainant a form acknowledging the complaint and requesting further information if necessary.

A. All complaints concerning a massage therapy school, instructor, business or against an individual therapist's professional service or activities shall be received by the Board. Complaints must be submitted in writing on an official complaint form provided by the Board. The Board will assign each complaint a case number.

B. Each complaint shall be assigned to a Board member or an Investigator assigned by the Board for investigation, notification, and determination of probable cause. Once the case is assigned, this individual becomes the case reviewer.

C. The Board shall send the appropriate complaint forms to the complainant. The complainant is responsible for completing, notarizing, and returning all forms to the Board Office. All complaints may trigger an investigation to which the complainant will be a party.

D. The accused is notified of the complaint and is either informed that he/she has ten (10) days to respond or may be offered an informal conference. The Board will send the accused a waiver which must be notarized and returned to the Board prior to the informal conference. Should this informal appearance or process not resolve the issues, the accused is entitled to a formal hearing before the Board to address the same. The accused may request an extension, of up to thirty (30) days, to respond to the complaint. Extensions will be granted on a case by case basis. Justification for additional time is determined by the Board.

E. The Board shall conduct a meeting, with quorum present to hear a complaint case(s) presented by a case reviewer. The Board may, at this time:

1. Vote to take no action, if no action is merited; or

2. Authorize a disciplinary hearing and initiate a formal complaint and notice of disciplinary hearing.

F. Resolution of any formal complaint may be made between the Board and the accused.

G. The Board, at its discretion, may assess and tax any part or all of the costs of any disciplinary proceedings conducted against the accused, the charging party, or both, as the Board may elect.

Notes

30 Miss. Code. R. 2501-8.2

Miss Code Ann.§ 73-67-15(1) (s), as amended; § 73-67-19(4), as amended; § 73-67-27(3) (d), as amended

Amended 12/1/2014 Amended 6/30/2017 Amended 12/25/2021