30 Miss. Code. R. 2703-3.6

Current through October 31, 2024

Rule 30-2703-3.6 - Administrative Proceedings

A. Case Summary

A case summary, including the alleged violations of the Mississippi Nursing Home Administrators Law of 1970, as amended, and the Rules and Regulations of the Board will be presented to the Board by the Complaint Committee along with the recommendation(s) for the disposition of the complaint. Reasonable attempts will be made to not disclose the identity of the licensee and the complainant by the Complaint Committee until the matter comes before the Board for hearing or final resolution.

B. Reasonable Cause

The Board's review will include the case summary prepared by the Complaint Committee to determine if reasonable cause exists to issue a notice of contemplated action or notice of hearing and complaint.

C. Dismissal of a Complaint

If the Board determines that there is not reasonable cause for the issuance of a notice of contemplated action or notice of hearing and formal complaint, a certified letter from the Board will be sent within thirty (30) calendar days of the Board's decision to the complainant and to the party named in the complaint. The letter will set forth the Board's action and reason for its decision.

D. Notice and Service to Respondent

If the Board determines that there is sufficient evidence or cause to issue a complaint or notice of contemplated action, the formal notice and complaint shall be signed by the Executive Director and shall be served as required by Section 73-17-15 of the Mississippi Code of 1972, as amended, to the party named in the complaint (the "Respondent") at his or her last known address on file with the Board.

E. Presiding Hearing Official

All hearings shall be conducted by the Board or by a hearing officer designated by the Board.

(1) If a hearing officer is designated to hear a case, the hearing officer shall have the authority to decide pre-hearing matters, preside over the hearing, and direct post-hearing matters in accordance with the requirements of the case in a manner that ensures due process and an efficient and orderly hearing and resolution of the case.

(2) If a hearing officer is not designated to preside over the case or if the hearing officer is unavailable or unable to proceed, the Board chair or other designee of the Board shall have the authority to decide pre-hearing or preliminary matters.

F. Filings

The original of any papers, pleadings or other documents shall be filed with the Board office. Each party must send copies to the hearing officer and attorneys or parties of record.

G. Continuances

No more than two (2) continuances of the hearing will be granted without the approval of the Board for good cause.

H. Recusal

Complaint Committee members who participate in the preparation of recommendations to the remaining Board members shall not participate further in any actions initiated by the Board against the licensee or party who is the subject of the complaint.

30 Miss. Code. R. 2703-3.6

Miss. Code Ann. Sections 73-17-7(2), 73-17-9(d) and (e) and 73-17-13(Rev. 2008); and Miss. Code Ann. Section 73-17-15 (Supp. 2011).