Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 8 - Refusal to examine, grant, or renew licenses; Revocation or suspension; Grounds; Hearings › Rule 30-2401-8.2

Current through June 25, 2024
It shall be the duty of the Board or its designee to
				  investigate or prefer charges, or both, upon finding of cause, against any
				  licensee who is accused of violating any law, rule, or regulation of the State
				  Board of Funeral Service or is accused of gross or willful malpractice of the
				  practice of funeral service or funeral directing, or the science of embalming.
				  Upon initiation of such investigation written certified notice shall be given
				  to the license of the alleged violations(s):
1. Whenever the Board shall have cause to
				believe that any person to whom a license has been issued has become unfit to
				practice as a funeral service or funeral directing licensee, or has violated
				any of the provisions of Section
				73-11-41
				et. seq. of the Mississippi Code Annotated, 1972, as amended or any rule or
				regulation of the Board, or whenever written complaint, on forms furnished by
				the Board, charging the holder of a license with the violation of any provision
				of Section
				73-11-41
				et. seq. of the Mississippi Code Annotated, 1972, as amended, or any rule or
				regulation prescribed, is filed with the Board, it shall be the duty of the
				Board to conduct an investigation. Upon receipt of notification to a formal
				complaint the licensee must make a written response to the complaint within
				twenty (20) days from receipt thereof. Failure to respond to the complaint
				shall be deemed as admission of the allegations contained therein.
2. If from such investigation it shall appear
				to the Board that there is cause to suspect that the alleged violations have
				been committed, the licensee shall be notified by the certified mail of the
				alleged facts and violations and that these allegations could lead to
				suspension or revocation of his license. The Board may, after notice of hearing
				and upon satisfactory proof that the applicant or licensee is guilty of the
				violations enumerated in the notice the Board shall take such action as is
				deemed appropriate by the Board. In addition to any penalty levied by the Board
				the respondent shall be assessed with the costs of the hearing, including the
				cost of service of process, court reporters, expert witnesses and
				investigators. If the licensee acknowledges the alleged violations in writing,
				then no hearing shall be required and the Board shall take such action as it
				deems appropriate. Any member of the Board shall have the right to administer
				oaths to witnesses.
3. If the
				agency finds that the public health, safety or welfare imperatively requires
				emergency action and incorporates a finding to that effect in its order,
				summary suspension of a license may be ordered pending proceedings for
				revocation or other action. These proceedings shall be promptly instituted and
				determined.
4. The Board chair may
				grant a continuance of a hearing for good cause shown. Requests for
				continuances will be made in writing. The request must state the grounds to be
				considered and be made as soon as practicable and, except in cases of
				emergencies, no later than five (5) days prior to the date noticed for the
				hearing The Board will grant no more than two (2) continuances.
5. Appeals of the decisions of the Board
				shall be perfected in a manner consistent with Section
				73-11-57
				of the Mississippi Code of 1972, amended. The expenses of the appeal shall be
				borne by the appealing party.
6.
				Appeals of the decisions of the Board shall be made according to Section
				73-11-57
				of the Mississippi Code of 1972, as amended.
Miss. Code Ann.
				  §§
										73-11-49(7)
				  and
				  73-11-57(1)(Rev.
				  2012).