30 Miss. Code. R. 2302-1.4

Current through December 10, 2024

Rule 30-2302-1.4 - INITIATION OF DISCIPLINARY ACTION

1. If the Board or its designated member determines that formal disciplinary proceedings should be initiated, the Board, through its Executive Director, shall provide adequate notice to the licensee of all complaints made. Such notification shall include:

A. A "Notice of Hearing," signed by the Board's Executive Director, setting forth:

1. The style of the action,

2. The name, address and license number of the Respondent,

3. The address, date, and time at which the Respondent is summoned to appear before the Board,

4. The specific sections of the Mississippi Dental Practice Act and/or Board Regulation which the Respondent is charged with violating,

5. The actions which the Board has the authority to take, including placing the dentist on probation, the terms of which may be set by the Board suspending his right to practice dentistry for a time deemed proper by the Board, revoking his license, or taking any other action in relation to his license as the Board may deem proper under the circumstances.

B. The Notice of Hearing or affidavit attached thereto shall set forth, in numbered paragraphs, a concise statement of the material facts and allegations to be proven, including:

1. facts giving rise to the Board's jurisdiction,

2. facts constituting legal cause for administrative action against the Respondent, and

3. the statutory provisions alleged to have been violated by the Respondent.

2. The Notice of Hearing, a true copy of the complaint, and a true copy of all papers filed with the Board relating to such complaint shall be delivered to the Respondent, either through registered mail or by personal service.

3. The Notice of Hearing shall name a date for hearing not less than thirty (30) days from the date of the mailing or service of the summons.

4. The Notice of Hearing shall bear the name, address, and telephone number of the Board's Prosecutorial Counsel.

5. All pleadings, motions or other papers permitted or required to be filed with the Board in connection with a pending disciplinary proceeding shall be filed by personal delivery at or by mail to the office of the Board. A copy of all papers filed with the Board shall be delivered by registered mail or personally served on opposing counsel of record.

6. All pleadings, motions or other papers shall be submitted on plain white, letter size (8 1/2 x 11") bond, with margins of at least one inch on all sides and text double spaced except as to quotations and other matter customarily single spaced; shall bear the style and caption of the case as it appears on the summons and shall include the certificate of the attorney or person making the filing that service of a copy of the same has been effected in the manner prescribed by subsection 5 above.

7. The Board may refuse to accept for filing any pleading, motion or other paper not in conformity with the requirements of this rule.

8. Within fifteen (15) days of service of the Notice of Hearing, or such longer time as the Board, on motion of the Respondent may permit, the Respondent shall answer the Notice, admitting or denying each of the separate allegations of fact and of law set forth therein. Any matters admitted by the Respondent shall be deemed proven and established for purposes of adjudication. Any matters or allegations not specifically denied are admitted for the purposes of the hearing. In the event that Respondent does not file a response to the Notice of Hearing, all matters asserted therein shall be deemed admitted.

9. Any Respondent may be represented before the Board by an attorney-at-law who:

A. is admitted to practice in the State of Mississippi, or

B. has been given express permission by the Board to appear on behalf of Respondent.

10. Upon service of a Notice of Hearing pursuant to Subsection 2 above, a Respondent who is represented by legal counsel with respect to the proceeding shall personally or through such counsel, give written notice to the Board of the name, address and telephone number of such counsel. Following receipt of a proper notice of representation, all further notices, complaints, subpoenas, orders or other process related to the proceeding shall be served on Respondent through the designated counsel of record.

30 Miss. Code. R. 2302-1.4

Miss. Code Ann. § 73-9-19.