Rule 30-2101-8.2 - ComplaintsA. Public Complaint. Public complaints shall mean any complaint that comes from someone outside of a standard Board inspection. 1. Any complaint may be filed with the Board by a member or agent of the Board or by any person charging any licensee of the Board with the commission of any of the offenses found in Rule 8.1.2. Such complaint shall be in writing, signed by the accuser or accusers, and verified under oath, and such complaints shall be investigated as set forth in Section 73-7-7 of the Mississippi Code of 1972, as amended.3. The Board shall administratively review to determine that there is substantial justification to believe that the accused licensee has committed any of the offenses enumerated. a. The administrative review agents shall consist of an investigator or a Board Member, the Board's Executive Director, and the Board attorney.b. If the administrative review agents determine that there is not substantial justification to believe that the accused licensee has committed any of the offenses enumerated, it may present the complaint for dismissal to the Board.c. If the administrative review agents believe that the licensee has committed any of the offenses, the Board agents will proceed with a formal complaint under Rule 8.2(C).d. When used with reference to any complaint filed against a licensee herein, the term "not substantial justification" means a complaint that is frivolous, groundless in fact or law, or vexatious, as determined by unanimous vote of the Board.B. Board Complaint. Board complaints shall mean any complaint that is generated by a Board agent that typically derives from an inspection or other Board action.1. When a Board agent finds a violation at a salon/school, the Board agent shall issue notice of the violation(s) on a complaint form and issue a consent agreement, which is provided to the Licensee.2. The Licensee may invoke his or her right to an administrative hearing under Rule 8.2(C) or may waive his or her rights to an administrative hearing and accept the fine on the Board approved consent form.3. The Board or its agent may accept or reject the Consent Agreement.4. A licensee who violates the same law, rule, regulation within three (3) years shall be considered a repeat offender and shall not be entitled to a sign a Consent Agreement.5. The Executive Director may execute a Consent Agreement on behalf of the Board.6. If the Licensee invokes his or her rights to an administrative hearing or refuses to enter the consent agreement, the Board shall follow the procedures under Rule 8.2(C).C. Formal Complaint. Formal Complaints are pleadings drafted for matters to be set for a hearing. 1. The Board reserves the right to forego steps under Public and Board Complaints and institute a Formal Complaint against any licensee at the finding of reasonable cause.2. Formal complaints shall specify the reason or reasons for denying the applicant a license or certificate of registration, or in the case of any other disciplinary action, the offense or offenses of which the licensee or holder of a certificate of registration is charged.3. Public and Board Complaints, which have not been resolved, are presented to the Board to determine if there is reasonable cause to believe the accused has committed any of the alleged offenses.4. If the Board determines there is reasonable cause to believe the accused has committed any of those offenses, the Secretary of the board shall give written notice of such determination to the accused licensee and set a day for a hearing as provided in Rule 8.3.30 Miss. Code. R. 2101-8.2
Miss. Code Ann. § 73-7-7 (Rev. 2012)