24 Miss. Code R. § 8-8-3

Current through December 10, 2024

Section 24-8-8-3 - Notice of Complaint and Disciplinary Hearing

A. The Review Board shall notify the Participant/Licensee that a complaint has been received and that a disciplinary hearing will be held.

B. The Participant/Licensee shall be notified at least thirty (30) days before the date of the disciplinary hearing. Notification shall be considered to have been given if the notice was personally received by the Participant/Licensee or if the notice was mailed "certified, return receipt requested" to the last known address as listed with the Division.

C. This notice shall inform the Participant/ Licensee of the facts which are the basis of the complaint and which are specific enough to enable the Participant/Licensee to defend against the complaint. The notice of the complaint and the disciplinary hearing shall also inform the Participant/Licensee of the following:

(1) The date, time and location of the disciplinary hearing;

(2) That the Participant/Licensee may appear personally at the disciplinary hearing and may be represented by counsel;

(3) That the Participant/Licensee shall have the right to produce witnesses and evidence on his/her behalf and shall have the right to cross-examine adverse witnesses and evidence;

(4) That the Rules of Evidence do not apply;

(5) That the disciplinary hearing could result in sanctions being taken against the Participant/ Licensee;

(6) That within fifteen (15) days of the disciplinary hearing, the Review Board shall, in writing, advise the Participant/Licensee what sanctions, if any, shall be imposed and the basis for the Review Board's action; and,

(7) That disposition of any formal complaint may be made by consent order or stipulation between the Review Board and the Participant/Licensee.

D. The disciplinary hearing shall be an informal hearing and shall be presided over by the Chairperson of the Review Board.

E. Within fifteen (15) days of the disciplinary hearing, the Review Board shall provide written notification to the Participant/ Licensee as to what sanctions, if any, shall be imposed and the basis for the Review Board's action.

F. All disciplinary hearing procedures are matters of public record and shall be preserved pursuant to state law.

24 Miss. Code. R. § 8-8-3