31 Miss. Code. R. 9-1.10 - Procedure for Appeal and Judicial Review

1. Any facility/applicant who disagrees with or is aggrieved by the Department of Public Safety in regard to the denial, refusal to renew, suspension, revocation, or restriction of a license may appeal to an appellate panel and shall be provided a hearing. The appellate panel will consist of the Director of the Office of Justice Programs, a member of the Mississippi Juvenile Justice Advisory Committee (MSJJAC), a member of the Council of Youth Court Judges and Referees and the Executive Director of Public Safety Planning. Members of the appellate panel will serve as an advisory panel to the Executive Director of Public Safety Planning who makes the final determination as to the disposition of the appeal. The appeal shall be filed with the Unit no later than ten (10) days after the licensee/applicant receives written notice of the final administrative action by the Unit. A hearing shall be scheduled within thirty (30) days from the date of the appeal, unless an extension is sought in writing by either the facility or the Unit from the Executive Director of Public Safety Planning. The granting or denial of any extension is in the discretion of the Executive Director of Public Safety Planning.

2. Any facility/applicant who disagrees with or is aggrieved by the appellate panel in regard to the denial, refusal to renew, suspension, revocation, or restriction of a may appeal to the chancery court of the county in which the facility is located. The appeal shall be filed no later than ten (10) days after the licensee/applicant receives written notice of the final administrative action by the appellate panel.

a. The scope of review of the chancery court in such cases shall be limited to a review of the record made before the board to determine if the action of the board is unlawful for the reason that it was:

i. Not supported by any substantial evidence;

ii. Arbitrary or capricious; or

iii. In violation of some statutory or constitutional right of the individual.

b. No relief shall be granted based upon a finding of harmless error by the appellate panel in complying with the procedural requirements of this chapter. If there is a finding of prejudicial error in the proceedings, the cause may be remanded for a rehearing consistent with the findings of the panel.

Notes

31 Miss. Code. R. 9-1.10

Miss. Code Ann. §§ 43-21-901 to 43-21-915 (Rev. 2016)

Adopted 12/28/2019