Rule 30-2825-1.10 - Appeal of Board Hearing Panel Decision to Full Membership of the BoardAppeals from any decision of a Board Hearing Panel shall be made to the Full Membership of the Board, pursuant to Miss. Code Ann. Section 73-15-31, except as set forth in Miss. Code Ann. Sections 93-11-153, 93-11-163, and 37-101-291.
A. Procedures for Appeal of Board Hearing Panel Decision:1) Any Respondent who appeals a decision of the Board Hearing Panel must file his or her Notice of Appeal of the Board Hearing Panel's decision in writing along with a fifty-dollar ($50.00) appeal fee within thirty (30) days after notice of the action of the Board Hearing Panel denying, revoking, suspending, or refusing to renew the license, or revoking or suspending the privilege to practice, fining or otherwise disciplining the person. Payment must be made by Board-accepted electronic method.2) Notice of the Hearing Panel's decision occurs on the date the order of the Board Hearing Panel is mailed via certified mail to or personally served upon the Respondent.3) Within seven (7) days after filing his or her Notice of Appeal, the Respondent/Appellant shall serve on the court reporter a written request for the transcript of the hearing that resulted in the appealed decision. If such request is not made within seven (7) days, the Board may dismiss the Appeal. Respondent/Appellant shall be responsible for the cost of the preparation of said transcript. In his or her request for the transcript, Respondent/Appellant shall request that the court reporter notify the Board's legal staff when the transcript has been completed. Upon receipt of the invoice from the court reporter, Appellant shall timely pay the invoice. Failure to pay the invoice within three (3) days after receipt, may result in dismissal of the Appeal by the Board. Respondent/Appellant shall simultaneously file with the Board a copy of the written request for said transcript. Any such appeal will not stay the discipline ordered by the Board Hearing Panel against a licensee.4) Within sixty (60) days after the court reporter mails a copy of the transcript to Respondent/Appellant, Respondent/Appellant shall file with the Board by mail or in person one (1) copy of a written brief specifying the issues being appealed and including supporting rationale. Briefs shall be submitted on 8 1/2 by 11-inch paper and shall not exceed ten (10) typed double-spaced pages.5) Within sixty (60) days after receipt of Respondent/Appellant's brief, the staff of the Board, as Appellee, shall submit a written brief in response to the brief of Respondent/Appellant.6) Upon written request, the Board, in its discretion for good cause shown, may grant an extension of the time. However, the Board shall not enlarge the time for filing notice of appeal.7) If a Respondent/Appellant fails to file his or her brief within the time provided by this Rule or within the time as extended, the appeal may be dismissed on motion of the Appellee or upon the Board's own initiative. If the Appellee fails to file its brief as required, such brief if later filed may be stricken from the record on motion of Respondent/Appellant or by a motion of the Board. If the Appellee fails to file a brief, it will not be heard at oral argument except by permission of the Board. Both parties shall be responsible for providing at least ten (10) copies of their respective briefs at the oral argument before the full board.8) Appeals of Board Hearing Panel decisions shall be scheduled for hearing by the Full Membership of the Board at the first available Board meeting following timely submission of the Appellant's and Appellee's briefs.B. Appeal Hearing before the Full Membership of the Board.1) Appeals of a decision of the Board Hearing Panel shall be heard before at least a quorum of the Full Membership of the Board seven (7) members of the Board, including at least three (3) RNs and two (2) LPNs.2) Appeals before the Full Membership of the Board shall be limited to the record of the hearing before the Board Hearing Panel. The Full Membership of the Board shall not retry the appealed case. Arguments shall be directed solely to issues from the record of the transcript that results in the appealed decision and shall not include new evidence, testimony, or witnesses.3) Respondent/Appellant and Appellee shall each be allotted twenty (20) minutes to present arguments why the decision of the Board Hearing Panel should be overturned or affirmed, unless otherwise ordered by the Board. Respondent/Appellant may reserve a portion of his or her allotted time for rebuttal. A party is not obligated to use all the time allotted, and the Board may terminate the argument when in its judgment further argument is unnecessary.
4) Respondent/Appellant is entitled to open and conclude the argument.5) Parties will not be permitted to read at length from briefs or records.6) The Full Membership of the Board may, in its discretion, advise the parties of points upon which it desires to hear argument.7) Members of the Full Membership of the Board participating in the appeal hearing may ask questions of either party related to issues identified in the appeal.8) Board members who participated in the Board Hearing Panel shall recuse themselves from participation in the appeal hearing of that matter.C. Board Decision. 1) Although the Full Membership of the Board's decision may be announced immediately following deliberations, the Board shall be provided adequate time for preparation of the written order, but no later than forty-five (45) days after oral argument. A copy of such order shall be sent to Respondent/Appellant via certified mail at his or her last known address or served personally upon Respondent.2) The decision of the Full Membership of the Board revoking, suspending, or otherwise disciplining Respondent shall become final thirty (30) days after signed by the Executive Director. Final orders of the full membership of the Board may be appealed to the Chancery Court as provided by law. Notice of the decision of the Full Membership of the Board occurs on the date the order of the Full Membership of the Board is mailed via certified mail to or personally served upon the Respondent/Appellant.30 Miss. Code. R. 2825-1.10
Miss. Code Ann. § 73-15-17 (1972, as amended).