15 MAC Pt. 9, R. 4.3
State Health Officer Decision
Cite as 15 Miss. Admin. Code Pt. 9, R. 4.3
State Health Officer Decision.
Unless a hearing is requested under Miss. Code Ann. § 41-7-197, the State Health
Officer’s final order approving or disapproving an application shall be issued
within ninety (90) calendar days of the date the application was filed.
Page 28 — Mississippi State Department of Health
The State Health Officer shall consider the Department’s staff analysis before
making a decision. The decision shall be based on whether the proposal
substantially complies with the plans, standards, and criteria established by the
Department and substantially complies with the projection of need as reported in
the State Health Plan in effect at the time the application was submitted.
If the staff recommends approval and the State Health Officer does not concur,
the Applicant shall have one opportunity only to submit additional information,
and the State Health Officer shall delay the decision until evaluation of that
information is completed. Additional information must be received within fifteen
(15) calendar days of the date the applicant is notified.
The State Health Officer may approve a proposal, approve it with conditions,
approve it by modification (by reduction only, with written agreement of the
applicant), or disapprove it. The decision shall be published on the Department’s
website and followed by written notice to the Applicant within ten (10) calendar
days of the announcement. When a hearing has been held, the completed record
shall be certified to the State Health Officer, who shall consider only the record
in making the decision. The State Health Officer’s written decision shall
constitute the final order of the Department and shall be the final agency action
from which appeal rights run.