Disciplinary Appeal

Disciplinary Appeal A. Following a disciplinary hearing, an individual aggrieved by a decision of the Review Board related to disciplinary action/sanctions has the right to appeal. 1. All appeals must be initiated by filing a written notice of appeal from the aggrieved individual (i.e., appellant) by certified mail in an envelope clearly marked “Notice of Appeal” or by email with “Notice of Appeal” in the subject line. The written notice of appeal (along with any supplemental information) should be sent to the DMH Deputy Director, with a copy to the DMH attorney. 2. The written notice of appeal to the DMH Deputy Director must be received by DMH within 10 calendar days of the mailing of the Review Board’s action. (The date on the Review Board letter/correspondence will be counted as Day One.) The effective action of the decision being appealed shall not be stayed during the appeal process except at the discretion of the DMH Executive Director. 3. The written notice of appeal must have as its first line of text “Notice of Appeal” in bold- faced type (specifically stating that the notice is an appeal). 4. The written notice of appeal must contain a detailed statement of the facts upon which the appeal is based, including the reasons justifying why the appellant disagrees with the decision. 5. The DMH Deputy Director will conduct the first level of review. 6. If the DMH Deputy Director determines that the appeal merits the relief requested without any additional information requested by the DMH Deputy Director and/or DMH Attorney, the appellant will be notified within 10 calendar days of the receipt of the written appeal that the relief requested is granted. 7. If the DMH Deputy Director determines that additional information is needed to make a decision or recommendation, additional written documentation from the appellant may be requested within 10 calendar days of receipt of the appeal. The DMH Deputy Director will specify a timeline by which the additional information must be received. 8. Within 10 calendar days of the time set by the DMH Deputy Director for his/her receipt of the additional information requested, the DMH Deputy Director will: a. Determine that the appeal merits the relief requested and notify the appellant that the relief requested is granted; or, b. Determine that the appeal does not merit the relief requested and issue a recommendation of such, justifying denial of the appeal, to the DMH Executive Director, who will then conduct the second level of review of the appeal. 9. Within 10 calendar days of receipt of a recommendation for denial of an appeal from the DMH Deputy Director, the DMH Executive Director will make a final decision regarding the appeal and notify the appellant of the decision. 10. Timelines for review of appeals by the DMH Deputy Director and the DMH Executive Director may be extended for good cause as determined by the Department of Mental Health. 11. If the DMH Executive Director concurs with the findings of the DMH Deputy Director to deny the appeal, the aggrieved individual (i.e., appellant) may file a written request by certified mail in an envelope clearly marked “Notice of Appeal” and addressed to the DMH Executive Director’s office or by email with the “Notice of Appeal” in the subject line, requesting a review of the appeal by the Mississippi State Board of Mental Health. The request must be received by the Department of Mental Health within 10 calendar days after the date of the notice of the DMH Executive Director’s decision to deny the appeal. (The date on the DMH Executive Director’s decision letter will be counted as Day One.) 12. The written notice of appeal to the Mississippi State Board of Mental Health must have as its first line of text “Notice of Appeal” in bold-faced type (specifically stating that the notice is an appeal). 13. The written request for review of the appeal by the Mississippi State Board of Mental Health must contain a detailed statement of the facts upon which the request for review of appeal is based, including the reasons justifying why the appellant disagrees with the decision of the DMH Executive Director. 14. The Mississippi State Board of Mental Health review of appeals under this section will be in compliance with the established policy of the Mississippi State Board of Mental Health regarding appeals. 15. The Mississippi State Board of Mental Health review of appeals under this section may be based upon written documentation and/or oral presentation by the appellant, at the discretion of the Board. 16. Decisions of the Mississippi State Board of Mental Health are final. B. All submitted appeals must be clearly marked “Notice of Appeal” in bold-faced type, specifically stating that the notice is an appeal; otherwise, the submission will not be considered an appeal.