15 MAC Pt. 3, R. 1.2.12
Appeal Process
Cite as 15 Miss. Admin. Code Pt. 3, R. 1.2.12
Appeal Process.
1.
A hospital shall have 30 calendar days from the date of notification of suspension of
trauma center designation to appeal the decision, in writing, to the Department and to
request a due process hearing.
2.
The Director of the Bureau of Acute Care Systems, upon receipt of a request for a
hearing, shall set a date no more than 30 calendar days from the receipt of the request
for a hearing.
3.
The hearing officer appointed to conduct the hearing shall be a person appointed by
the Director of the Office of Health Protection. A stenographic record of the hearing
shall be made by a certified reporter/stenographer. The record shall consist of all
sworn testimony taken, written, documentary or other relevant evidence taken at said
hearing.
4.
Within 30 calendar days of the receipt by the hearing officer of the certified record,
he/she shall render findings of fact and conclusions of law contained in an order. The
order so produced by the hearing officer shall be the final order of the Mississippi
State Department of Health and shall be appealable to a court of competent
jurisdiction.
5.
If the decision of the Department is unfavorable to the hospital, the hospital may
apply for trauma center designation at another level but must pay all costs associated
with the survey.