30 Miss. Code. R. 2901-5.2 - Disciplinary Proceedings

(a) General Statement. In any contested case, opportunity shall be afforded to all parties to respond and present evidence and argument on all issues involved. Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, default, or dismissal.

(b) Informal Disposition of Contested Case. Prior to the imposition of disciplinary sanctions against a license, the licensee may be offered an opportunity to attend an informal conference and show compliance with all requirements of law.

(1) Informal conferences shall be attended by an attorney employed by the board, a board member and other representatives of the board as the President and legal counsel may deem necessary for the proper conduct of the conference. The licensee and/or the licensee's authorized representative may attend the informal conference and shall be provided an opportunity to be heard.

(2) In any case where charges are based upon information provided by a person who filed a complaint with the board (complainant), the complainant may attend the informal conference, and shall be provided with an opportunity to be heard with regard to charges based upon the information provided. Nothing herein requires a complainant to attend an informal conference.

(3) Informal conferences shall not be deemed to be meetings of the board and no formal record of the proceedings at the conferences shall be made or maintained.

(4) Any proposed order shall be presented to the board for its review. At the conclusion of its review, the board shall approve, amend, or disapprove the proposed order. Should the board approve the proposed order, the appropriate notation shall be made in the minutes of the board and the proposed order shall be entered as an official action of the board. Should the board amend the proposed order, the Board Attorney shall contact the respondent to seek concurrence. If the respondent does not concur, the provisions of the next sentence shall apply. Should the board disapprove the proposed order, the case shall be rescheduled for purposes of reaching an agreed order, or in the alternative forwarded to the State Office of Administrative Hearings for formal action.

(c) Formal Disposition of a Contested Case. All contested cases not resolved by informal conference, shall be referred for Hearing.

(1) Notice. The respondent shall be entitled to reasonable notice of not less than 20 days. Notice shall include:

(a) a statement of the time and place of the hearing;

(b) a statement of the offense or offenses for which the licensee is charged;

(c) a copy of the complaint

(2) Service of notice. The notice of hearing and a copy of the formal complaint shall be served by mailing a copy thereof by certified mail, postage prepaid to the respondent's last known residence or business address at least twenty (20) days prior to the hearing. Service on the respondent shall be complete and effective if the document to be served is sent by registered or certified mail to the respondent at the address shown on the respondent's annual renewal certificate.

(3) Filing of documents. All pleadings and motions relating to any contested case pending before the board shall be filed at the board office and shall be deemed filed only when actually received. Copies of all pleadings and motions shall be served on board counsel.

(4) Motion for Continuance. Continuances may be granted by the board President.

(5) Transcription. All proceedings shall be transcribed by a court reporter. The agency may pay the cost of the transcript or assess the cost to one or more parties.

(d) An individual may appeal the decision of the Board to the Chancery Court of the county of residence of the licensee. The appeal shall be taken within thirty (30) days after notice of action of the Board. See § 73-19-45.

Notes

30 Miss. Code. R. 2901-5.2

Miss Code Ann. § 73-19-9; § 73-19-35; § 73-19-41; § 73-19-45 Miss Code Ann. § 73-19-35;§ 73-19-41

Amended 11/21/2022