30 Miss. Code. R. 2703-3.7 - Administrative Hearings
A. Pursuant to the
Mississippi Nursing Home Administrators Law of 1970, Title 73,
Chapter 17 of the Mississippi Code of 1972, as amended, every licensee, permit
holder or applicant shall be afforded notice and an opportunity to be heard
before the Board when the Board has cause to believe that he or she has
violated any of the laws, rules, or regulations of the Board.
B. The Board's Executive Director's duties
shall include:
(1) Issuing a notice of
hearing and complaint or notice of contemplated action in the case.
(2) Executing notices, scheduling orders, and
other routine procedural documents that facilitate the conduct of the
administrative proceedings.
(3)
Maintaining the official record of all papers and pleadings filed with the
Board in any matter.
(4) Preparing,
certifying, and filing with the appellate court the record of the case on
appeal or review.
C. The
hearing officer or the Board designee shall issue appropriate orders to control
the course of the proceedings.
D.
The hearing officer or the Board designee may order the filing of briefs or
other documents in the proceedings.
E. A proposal to settle a matter shall not
stay the proceedings or vacate the hearing date unless otherwise ordered by the
hearing officer or the Board designee upon the filing of a timely motion for
continuance.
F. At the conclusion
of the hearing, a final decision and order shall be entered by the Board. A
Board member hearing officer, the Board chair, or designated Board member shall
have the authority to sign the written decision of the Board.
G. The Board's Executive Director shall serve
the decision of the Board on the licensee, permit holder, A.I.T., or
applicant.
H. If a license or
permit is restricted, suspended or revoked by the Board, the licensee shall
immediately surrender his or her license to the Board as directed by the Board
or the Board designee.
I. If the
licensee's scope of practice is restricted or limited or otherwise conditioned,
the license may reflect such restriction, limitation or condition.
Notes
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