Rule 24-2-6.2 - Procedures for AppealA. All appeals must be initiated by filing a written notice of appeal from the Executive Director or Governing Authority by certified mail in an envelope clearly marked Notice of Appeal or by email with Notice of Appeal in the subject line to the appropriate DMH Deputy Director and a copy to the DMH attorney within ten (10) days from the date of the final notification by DMH of the decision(s) being appealed (described above). The effective action of the decision(s) being appealed shall not be stayed during the appeal process except at the discretion of the DMH Executive Director.B. The written notice of appeal must have as its first line of text Notice of Appeal in bold face type (specifically stating that the notice is in fact an appeal).C. The written notice of appeal must contain: 1. A detailed statement of the facts upon which the appeal is based, including the reasons justifying why the agency provider disagrees with the decision(s) and/or penalty(ies) imposed by DMH under appeal; and,2. A statement of the relief requested.D. The Deputy Director will conduct the first level of review.E. If the Deputy Director determines that the appeal merits the relief requested without any additional information requested by the Deputy Director and/or DMH attorney, the appellant will be notified that the relief requested is granted within ten (10) days of receipt of the written appeal.F. If the Deputy Director determines that additional information is needed to make a decision or recommendation, additional written documentation from the appellant may be requested within ten (10) days of receipt of the appeal. The Deputy Director will specify a timeline by which the additional information must be received. G. Within ten (10) days of the time set by the Deputy Director for his/her receipt of the additional information requested (described in Rule F. above), the Deputy Director will: 1. Determine that the appeal merits the relief requested and notify the appellant that the relief requested is granted; or 2. Determine that the appeal does not merit the relief requested and issue a recommendation of such, justifying denial of the appeal to the Executive Director of DMH, who will conduct the second level of review of the appeal.H. Within ten (10) days of receipt of a recommendation for denial of an appeal from the Deputy Director (as described in Rule G.2 above), the Executive Director of DMH will make a final decision regarding the appeal and notify the appellant of the decision.I. Timelines for review of appeals by the Deputy Director and Executive Director may be extended for good cause as determined by DMH.J. If the Executive Director concurs with the findings of the Deputy Director to deny the appeal, the appellant may file a written request by certified mail in an envelope clearly marked Notice of Appeal and addressed to the Executive Director's office or by email with the Notice of Appeal in the subject line, requesting a review of the appeal by the MS State Board of Mental Health. The request must be received by the Department within ten (10) days after the date of the notice of the Executive Director's decision to deny the appeal.K. The written notice of appeal described in Rule J. above must have as its first line of text Notice of Appeal in bold face type (specifically stating that the notice is in fact an appeal).L. The written request for review of the appeal by the MS State Board of Mental Health must contain: 1. A detailed statement of the facts upon which the request for review of appeal is based, including the reasons justifying why the agency provider disagrees with the decision(s) by the Executive Director of DMH; and,2. A statement of the relief requested.M. The MS State Board of Mental Health review of appeals under this section will be in compliance with the established policy of the Board regarding appeals.N. The MS State Board of Mental Health review of appeals under this section may be based upon written documentation and/or oral presentation by the appellant, at the discretion of the Board.O. Decisions of the MS State Board of Mental Health are final. Source: Section 41-4-7 of the Mississippi Code, 1972, as Amended Section 41-4-7 of the Mississippi Code, 1972, as Amended