18 MAC Pt. 23, R. 7.9
Programmatic Quality Control Administrative Agency Appeal Decision
Cite as 18 Miss. Admin. Code Pt. 23, R. 7.9
Programmatic Quality Control Administrative Agency Appeal Decision.
Unless the Programmatic Quality Control Administrative Agency Appeal is abandoned or
withdrawn, the Hearing Officer shall prepare a decision that reviews the relevant evidence and
applies the controlling policy, regulations and/or State and Federal law. An Appellant shall
present relevant evidence and policy, regulations, and/or laws demonstrating, by a preponderance
of the evidence, that MDHS’s adverse action was improper. If an Appellant has failed to do so,
the Hearing Officer’s decision shall identify and explain how the Appellant failed to meet their
burden of proof.
The Hearing Officer shall send a Programmatic Quality Control Administrative Agency Appeal
decision to an Appellant within sixty (60) calendar days from the date an Appellant requested an
appeal, unless the time frame for a decision has been extended pursuant to Rule 4.7 Continuing,
Expediting, or Reconvening a Hearing. The decision shall include a grant or denial of the
Appellant’s appeal, the reasoning for said decision, and, if applicable, the relief granted. The
Hearing Officer’s decision shall constitute the final Agency action concerning the Appellant’s
Programmatic Quality Control Administrative Agency Appeal.