15 MAC Pt. 11, R. 1.25.4
District Level Hearing for Monetary Penalties:
Cite as 15 Miss. Admin. Code Pt. 11, R. 1.25.4
District Level Hearing for Monetary Penalties:
1.
If requested in writing within ten calendar days of
receipt of notice of the imposition of a monetary
penalty, a district level hearing shall be provided in
which the operator or applicant may show cause why
the monetary penalty should not be imposed. The
District Health Officer or his/her designee will preside
at said hearing.
2.
Any hearing requested pursuant to Subchapter
1.25.4(1) shall be held no less than five calendar days
and no more than 20 calendar days from the receipt of
any request for a hearing, unless both parties agree to
an alternate period.
3.
The district level hearing shall be informal. There will
be no court reporter present and the Department will
not be represented by counsel. However, the hearing
officer will take notes of the proceedings and will
provide the licensee with a written order outlining his
decision within ten calendar days of conclusion of the
district level hearing.
4.
Within ten calendar days of the receipt of the district
level decision the licensee may make a written request
for a hearing at the state level.