18 Miss. Code. R. 6-1-F-VII
An Administrative Grievance Hearing is afforded to individuals who disagree with a DFCS decision and/or action in the event that formal application for licensure or renewal of a license is denied, or a license is suspended or revoked, an application for adoption is denied, or an adoption case is closed, or there is an adverse decision for an applicant or recipient of adoption assistance.
This process is provided to:
A Resource Parent (whether licensed or in the application process) shall first request a conference with the Licensure Specialist, Resource Licensing ASWS, and RD within ten (10) days of notification of an adverse action regarding his/her license. A conference shall be held within thirty (30) days of this request and a written notice of action of the decision made by the RD following this conference shall be given to the family with a copy to the State Office Permanency Unit Director within ten (10) days of the conference.
In the event a decision or action by DFCS as described above cannot be resolved at the regional level, the aggrieved party may file an appeal by submitting, in writing, a request for an administrative hearing.
The written notice of appeal is sent to: DFCS, Permanency Unit, P.O. Box 352, Jackson, Mississippi 39205. This request for a hearing must be received by DFCS within ten (10) working days of the date DFCS' written notice of the regional decision was sent to the individual or agency. The administrative hearing shall be held no later than sixty (60) calendar days after the receipt of the request for a hearing.
The Permanency Unit will contact the Hearing Officer and provide the request information. The Hearing Officer is appointed by DFCS but has no involvement with DFCS decisions regarding licensure or approvals for adoption or other matters from which the individual or party appeals other than during the hearing process. The Hearing Officer shall schedule a date, time and place for the administrative hearing.
At least thirty (30) calendar days prior to the hearing, the Hearing Officer will send notices via Certified U.S. Mail, Return Receipt Requested, to all involved parties. The Hearing Officer will notify the Permanency Unit who, in turn will notify the appropriate staff person responsible for the case.
The appealing party shall be afforded all applicable safeguards of procedural due process.
The worker, supervisor or other appropriate DFCS staff will be prepared to present the reasons for DFCS' decision and will be present at the hearing.
At the Administrative Grievance Hearing, each party may be represented by an attorney. The appealing party shall have the right to call, examine and cross examine witnesses. The Hearing Officer may require the presence of witnesses and evidence on behalf of the applicant, licensee, or DFCS.
Each party shall file with the Hearing Officer, at least ten (10) days prior to the hearing, a list of witnesses they plan to call to testify at the hearing and produce documentary evidence on his/her behalf The list shall contain the following:
* Name(s);
* Current contact information (city, phone number, etc.); and
* Brief description of testimony.
Each party will be responsible for notifying his/her witnesses of any changes regarding the hearing process and any changes therein.
The Hearing Officer shall have the authority to maintain the decorum of the hearing and shall take reasonable steps to do so when necessary, including clearing the room of any person who is disruptive or of witnesses not under examination.
During the Administrative Hearing, the Hearing Officer shall hear or receive evidence on the case in chief The appealing party shall follow in presenting the same. (In the appeal process, the burden of proof shall be on DFCS.)
If there is a withdrawal of the appeal, the appealing party is required to furnish evidence of the reasons for the withdrawal to the Hearing Officer in order for the appeal to be dismissed.
In order to preserve the record, the Hearing Officer will make an electronic recording of the hearing.
After all evidence is heard or received, and the hearing is complete, the Hearing Officer shall, within thirty (30) days of the hearing, prepare and file a written findings of facts with a recommended decision and forward same to the DFCS Director, who shall make the final decision as to whether the denial, suspension, probation, or revocation is sustained.
The decision shall be in writing and shall contain findings of fact and rulings of licensure standards and law, and shall be mailed, via Certified U.S. Mail, Return Receipt Requested, to each party or, when a party is represented by an attorney, to his/her attorney. The decision of the Director is final and binding.
18 Miss. Code. R. 6-1-F-VII