30 Miss. Code. R. 2825-1.9 - Appeal of Administrative Denial

A. The procedural requirements enumerated in Rules 1.1 through 1.11 shall also apply to an appeal of an Administrative Denial of Licensure put forth by any applicant for licensure as a RN, LPN, or APRN.

B. Any applicant who wishes to appeal an Administrative Denial of Licensure shall deliver a Notice of Appeal of Administrative Denial to the Board either personally at or via certified mail to the Board's office. The applicant must file his or her Notice of Appeal of Administrative Denial in writing along with a fifty-dollar ($50.00) appeal fee within thirty (30) days of notice of Board-ratification of the Administrative Denial. Payment must be made by Board-accepted electronic method.

C. Any appeal of an Administrative Denial of Licensure will be set for hearing before a Board Hearing Panel at the next available hearing date on the Board's calendar after the Board receives the applicant's Notice of Appeal of Administrative Denial.

D. Administrative Denial of Licensure appeal hearings before the Board shall be conducted in the following order:

1) Opening statements

2) Applicant's case in chief

3) Complaint Counsel's rebuttal

4) Closing statements

E. Questioning of witnesses shall be conducted in the following order:

1) Direct examination

2) Cross examination

3) Redirect examination

F. The Hearing Officer shall have the authority to preside over the hearing, and direct post-hearing matters in accordance with the requirements of the case in a manner that ensures due process.

G. In all Administrative Denial of Licensure appeal proceedings, the applicant has the burden of proof to show any and all evidence indicating why the Administrative Denial should be overturned.

H. Application for a nursing license or privilege to practice that has been denied may be made twelve (12) months from the effective date the denial becomes final. The Final Order denying the license may include stipulations that must be complied with before an application for a nursing license or privilege will be reviewed.

Notes

30 Miss. Code. R. 2825-1.9

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

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