30 Miss. Code. R. 2825-1.6

Current through December 10, 2024
Rule 30-2825-1.6 - Commencement of Disciplinary Proceedings
A. If an allegation is not resolved informally or the Board determines that an allegation warrants the issuance of a Formal Complaint, Board staff may commence disciplinary proceedings by issuing a Formal Complaint. Electronic signatures shall be permissible on a Formal Complaint.
B. The Respondent shall be notified of the hearing at least fifteen (15) days in advance of the date set for the hearing. The Complaint shall set forth the charges and allegations against Respondent in sufficient detail so as to provide full disclosure and notice of all violations of the Mississippi Nursing Practice Law and/or the laws, rules and regulations governing the practice of nursing.
C. The Board's staff shall serve the Formal Complaint and Notice of Hearing on Respondent by:
1) Certified mail, postage pre-paid, to the last known address of the Respondent;
2) Personal Delivery, or
3) When service of process by certified mail or personal delivery cannot be effected, by publication of a Notice of Hearing for three (3) successive weeks in the newspaper published in the county in which the Respondent last practiced or in the county in which the Respondent last resided according to the records of the Board, the date of hearing to be no less than ten (10) days after the last date of the published notice.
D. The Respondent may file a response to the Notice of Hearing but is not required to do so. Any written response to the charges must be filed with the Board ten (10) days in advance of the date set for the hearing on the complaint.
E. The Respondent may waive notice of a Formal Hearing. Such waiver of the right to a hearing must be in writing, signed by the Respondent, and filed with the Board.
F. A Formal Complaint may be resolved by agreement of the parties at any time.
G. 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 the Board or by certified mail to the office of the Board.
H. Following service of a Formal Complaint and Notice of Hearing pursuant to this Rule, a Respondent who is represented by legal counsel with respect to the disciplinary 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 proper notice of representation, all further notices, pleadings, subpoenas, orders, or other process related to the proceeding shall be served on Respondent through the designated counsel of record until such time as the withdrawal of counsel is filed with the Board.

30 Miss. Code. R. 2825-1.6

Miss. Code Ann. § 73-15-17 (1972, as amended).
Adopted 9/22/2019
Amended 7/11/2024