15 MAC Pt. 9, R. 5.24
Proponent’s Right to Compel Decision
Cite as 15 Miss. Admin. Code Pt. 9, R. 5.24
Proponent’s Right to Compel Decision.
Unless a hearing is held, if review by the Department is not complete with a final
decision issued within ninety (90) calendar days from the filing of the
application, the proponent (i.e., the CON Applicant) may, within thirty (30)
calendar days after the expiration of that period, commence legal action in the
Chancery Court of the First Judicial District of Hinds County, Mississippi, or in
the chancery court of the county in which the service or facility is proposed to be
provided, to compel the Department to issue written findings and a written order
approving or disapproving the proposal.