30 Miss. Code. R. 2703-3.5

Current through December 10, 2024
Rule 30-2703-3.5 - Settlement by Informal Proceedings
A. Purpose

The Board or the Complaint Committee may enter into informal proceedings with the party who is the subject of the complaint for the purpose of resolving the matter appropriately.

B. Informal Conferences

To facilitate the disposition of a complaint, the Board or the Complaint Committee may provide an opportunity for a party to attend an informal conference, or to appear at a regular meeting of the Board, at any time prior to the Board entering any order with respect to the complaint. No prejudice shall be attached to the licensee, A.I.T., or permittee for failure to attend a conference pursuant to a request.

C. Consent Order

An agreed or consent order reached through the stipulation or settlement process shall be signed by the party who is the subject of the complaint and, if applicable, his or her legal representative and approved by the Board.

No proposed settlement, consent agreement, voluntary surrender of a license, or other proposal for the resolution of a pending complaint or disciplinary action shall be effective unless approved by the Board and executed by the Board and the licensee, permittee, or A.I.T. No Board member is presumed to be biased and shall not be excused from participating in the adjudication and deliberation of a case or action based solely on the reason that the member considered a proposed settlement, consent agreement, or other proposal for resolution of a pending disciplinary or licensure action.

30 Miss. Code. R. 2703-3.5

Miss. Code Ann. Sections 73-17-3, 73-17-7(2), and 73-17-13(Rev. 2008); and Miss. Code Ann. Section 73-17-15 (Supp. 2011).