5 Miss. Code. R. § 2-2-8.0

Current through April 7, 2022

In the absence of any express authority to the contrary, and in accordance with § 81-18-37(2) of the Mississippi Code of 1972, the following shall amend the general hearing process described above and provide a mandatory administrative appeal process for any applicant or licensee that is denied a license application or renewal application, in writing by the Department.

a) Following a denial of an application for license, the applicant must, within 30 days of the receipt of the written denial from the Department, submit an appeal in writing to the Commissioner and request a hearing be held to appeal the denial of an application by the Department.
b) All above rules shall govern the hearing of the denial application, unless expressly revised herein below.
c) Absent a showing of extraordinary circumstances, the denial hearing shall be conducted in one day and shall last no longer than 5 hours. The applicant shall be allotted two (2) hours to present evidence and/or testimony in favor of its application. The Department shall thereafter be allotted two (2) hours to present its rebuttal in support of the denial of the application.
d) No deposition testimony shall be allowed with regard to a denial hearing. All witness testimony must be presented live at the hearing.
e) The Commissioner shall be allotted at least one (1) hour to conduct inquiry of the witnesses and/or parties.
f) A Final Order on the hearing of the denial of an application for licensure shall be published within no more than 30 days following the close of the Hearing.
g) Any Final Order that is entered by the Commissioner denying an application for any reason shall memorialize the findings of the Commissioner and the applicant may thereafter, within ten (10) days of the date of the Final Order, appeal to the Chancery Court of Hinds County, Mississippi, First Judicial District.

Notes

5 Miss. Code. R. § 2-2-8.0
MISS. CODE ANN. §§ 81-18-1; 81-18-29; (effective date July 1, 2016)
Adopted 10/19/2018

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