15 MAC Pt. 19, R. 7.8.4
Notice of Charges and Hearing:
Cite as 15 Miss. Admin. Code Pt. 19, R. 7.8.4
Notice of Charges and Hearing:
1.
Following the investigative process, the Department may file formal charges against the registrant.
Such formal complaint shall, at a minimum, inform the registrant of the facts which are the basis of
the charge and which are specific enough to enable the registrant to defend against the charges.
2.
Each registrant, whose conduct is the subject of a formal charge which seeks to impose disciplinary
action against the registrant, shall be served notice of the formal charge at least fifteen (15) days
before the date of hearing. A hearing shall be presided over by the Department's designee. Service
shall be considered to have been given if the notice was personally received by the registrant, or the
notice was mailed certified, return receipt requested, to the registrant at the registrant's last known
address as listed with the Department.
3.
The notice of the formal hearing shall consist at a minimum of the following information:
a.
The time, place and date of hearing;
b.
That the registrant shall appear personally at the hearing and may be represented by counsel;
c.
That the registrant shall have the right to produce witnesses and evidence in the registrant's
behalf and shall have the right to cross-examine adverse witnesses and evidence;
d.
That the hearing could result in disciplinary action being taken against the registrant's
registration;
e.
That rules for the conduct of these hearings exist and it may be in the registrant's best interest
to obtain a copy; and
f.
That the Department's designee shall preside at the hearing and following the conclusion of
the hearing shall make findings of facts, conclusions of law and recommendations, separately
stated to the State Health Officer as to what disciplinary action, if any, should be imposed on
the registration.
4.
The Department's designee shall hear evidence produced in support of the formal charges and
contrary evidence produced by the registration. At the conclusion of the hearing, the State Health
Officer shall issue an order, within sixty (60) days.
5.
Disposition of any complaints may be made by consent order or stipulation between the Department
and the registrant.
6.
All proceedings pursuant to this section are matters of public record and shall be preserved pursuant
to state law.