Rule 30-2703-3.7 - Administrative HearingsA. Pursuant to the Mississippi Nursing Home Administrators Law of 1970, Title 73, Chapter 17 of the Mississippi Code of 1972, as amended, every licensee, permit holder or applicant shall be afforded notice and an opportunity to be heard before the Board when the Board has cause to believe that he or she has violated any of the laws, rules, or regulations of the Board.B. The Board's Executive Director's duties shall include: (1) Issuing a notice of hearing and complaint or notice of contemplated action in the case.(2) Executing notices, scheduling orders, and other routine procedural documents that facilitate the conduct of the administrative proceedings.(3) Maintaining the official record of all papers and pleadings filed with the Board in any matter.(4) Preparing, certifying, and filing with the appellate court the record of the case on appeal or review.C. The hearing officer or the Board designee shall issue appropriate orders to control the course of the proceedings.D. The hearing officer or the Board designee may order the filing of briefs or other documents in the proceedings.E. A proposal to settle a matter shall not stay the proceedings or vacate the hearing date unless otherwise ordered by the hearing officer or the Board designee upon the filing of a timely motion for continuance.F. At the conclusion of the hearing, a final decision and order shall be entered by the Board. A Board member hearing officer, the Board chair, or designated Board member shall have the authority to sign the written decision of the Board.G. The Board's Executive Director shall serve the decision of the Board on the licensee, permit holder, A.I.T., or applicant.H. If a license or permit is restricted, suspended or revoked by the Board, the licensee shall immediately surrender his or her license to the Board as directed by the Board or the Board designee.I. If the licensee's scope of practice is restricted or limited or otherwise conditioned, the license may reflect such restriction, limitation or condition.30 Miss. Code. R. 2703-3.7
Miss. Code Ann. Sections 73-17-7(2), 73-17-9(d) and (e) and 73-17-13 (Rev. 2008); and Miss. Code Ann. Section 73-17-15 (Supp. 2011).