30 Miss. Code. R. 2825-1.6 - Commencement of Disciplinary Proceedings
A. If an allegation
is not resolved informally or the Board determines that an allegation warrants
the issuance of a Formal Complaint, Board staff may commence disciplinary
proceedings by issuing a Formal Complaint. Electronic signatures shall be
permissible on a Formal Complaint.
B. The Respondent shall be notified of the
hearing at least fifteen (15) days in advance of the date set for the hearing.
The Complaint shall set forth the charges and allegations against Respondent in
sufficient detail so as to provide full disclosure and notice of all violations
of the Mississippi Nursing Practice Law and/or the laws, rules and regulations
governing the practice of nursing.
C. The Board's staff shall serve the Formal
Complaint and Notice of Hearing on Respondent by:
1) Certified mail, postage pre-paid, to the
last known address of the Respondent;
2) Personal Delivery, or
3) When service of process by certified mail
or personal delivery cannot be effected, by publication of a Notice of Hearing
for three (3) successive weeks in the newspaper published in the county in
which the Respondent last practiced or in the county in which the Respondent
last resided according to the records of the Board, the date of hearing to be
no less than ten (10) days after the last date of the published
notice.
D. The Respondent
may file a response to the Notice of Hearing but is not required to do so. Any
written response to the charges must be filed with the Board ten (10) days in
advance of the date set for the hearing on the complaint.
E. The Respondent may waive notice of a
Formal Hearing. Such waiver of the right to a hearing must be in writing,
signed by the Respondent, and filed with the Board.
F. A Formal Complaint may be resolved by
agreement of the parties at any time.
G. All pleadings, motions, or other papers
permitted or required to be filed with the Board in connection with a pending
disciplinary proceeding shall be filed by personal delivery at the Board or by
certified mail to the office of the Board.
H. Following service of a Formal Complaint
and Notice of Hearing pursuant to this Rule, a Respondent who is represented by
legal counsel with respect to the disciplinary proceeding shall personally or
through such counsel, give written notice to the Board of the name, address,
and telephone number of such counsel. Following receipt of proper notice of
representation, all further notices, pleadings, subpoenas, orders, or other
process related to the proceeding shall be served on Respondent through the
designated counsel of record until such time as the withdrawal of counsel is
filed with the Board.
Notes
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