30 Miss. Code. R. 2825-1.10 - Appeal of Board Hearing Panel Decision to Full Membership of the Board

Appeals from any decision of a Board Hearing Panel shall be made to the Full Membership of the Board, pursuant to Miss. Code Ann. Section 73-15-31, except as set forth in Miss. Code Ann. Sections 93-11-153, 93-11-163, and 37-101-291.

A. Procedures for Appeal of Board Hearing Panel Decision:

1) Any Respondent who appeals a decision of the Board Hearing Panel must file his or her Notice of Appeal of the Board Hearing Panel's decision in writing along with a fifty-dollar ($50.00) appeal fee within thirty (30) days after notice of the action of the Board Hearing Panel denying, revoking, suspending, or refusing to renew the license, or revoking or suspending the privilege to practice, fining or otherwise disciplining the person. Payment must be made by Board-accepted electronic method.

2) Notice of the Hearing Panel's decision occurs on the date the order of the Board Hearing Panel is mailed via certified mail to or personally served upon the Respondent.

B. Appeal Hearing submitted to the Full Membership of the Board.

1) Appeals of a decision of the Board Hearing Panel shall be reviewed before at least a quorum of the Full Membership of the Board - seven (7) members of the Board, including at least three (3) RNs and two (2) LPNs.

2) Appeals before the Full Membership of the Board shall be limited to the record of the hearing before the Board Hearing Panel. The Full Membership of the Board shall not retry the appealed case and shall not consider new evidence, testimony or witnesses.

3) Board members who participated in the Board Hearing Panel shall recuse themselves from participation in the appeal of that matter.

C. Board Decision.

1) Although the Full Membership of the Board's decision may be announced immediately following deliberations, the Board shall be provided adequate time for preparation of the written order, but no later than forty-five (45) days after the appeal has been reviewed by the Full Board. A copy of such order shall be sent to Respondent/Appellant via certified mail at his or her last known address or served personally upon Respondent.

2) The decision of the Full Membership of the Board revoking, suspending, or otherwise disciplining Respondent shall become final thirty (30) days after signed by the Executive Director. Final orders of the full membership of the Board may be appealed to the Chancery Court as provided by law. Notice of the decision of the Full Membership of the Board occurs on the date the order of the Full Membership of the Board is mailed via certified mail to the address listed by the Respondent/Appellant in his or her gateway or personally served upon the Respondent/Appellant.

Notes

30 Miss. Code. R. 2825-1.10

Miss. Code Ann. § 73-15-17 (1972, as amended).

Adopted 9/22/2019 Amended 7/11/2024 Amended 3/17/2025