Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 4 - PUBLIC HEARING DURING THE COURSE OF REVIEW › Rule 15-9-91-4.1 - Hearing Request

Current through June 25, 2024
Any affected person may, within ten (10) calendar days of
					 publication of the staff analysis, request a public hearing during the course
					 of review. An applicant, however, may request a hearing on its own application
					 only if the staff recommendation is for disapproval of the application.
					 Requests for a hearing in the course of review must be received by the
					 Department not later than the close of business (5:00 p.m.) on the tenth (10th)
					 calendar day after the date the staff analysis is published. Should the tenth
					 (10th) calendar day fall on a Saturday, Sunday, or other legal holiday when the
					 Department is actually closed for business, the request must be received by the
					 Department by 5:00 p.m. on the next business day. If a public hearing is
					 requested, appropriate notice shall be provided to the applicant and other
					 affected persons. The general public to be served by the proposal shall be
					 notified of such action by the Department through means of publication on the
					 Department's website. Other public information channels may be utilized.
If no request for a hearing in the course of review is
					 received, the State Health Officer may take action on the application.
If requested, a public hearing shall be commenced by an
					 independent hearing officer designated by the Department within sixty (60)
					 calendar days of the filing of the hearing request unless all parties to the
					 hearing agree to extend the time for commencement of the hearing. Notification
					 of the time, date, and place of the hearing will be given to all affected
					 parties and the public in accordance with these regulations no later than
					 fifteen (15) calendar days before such hearing.
The Department shall designate an independent hearing
					 officer who shall not be an employee of the Department but who shall be a
					 licensed attorney. In the hearing, any affected person shall have the right to
					 be represented by counsel, to present oral or written arguments and evidence
					 relevant to the matter, which is subject to the hearing, and to conduct
					 reasonable questioning of persons who make relevant factual allegations (if the
					 person is affected by the matter). A record of the hearing shall be made, and
					 shall consist of a transcript of all testimony received, all documents and
					 other material introduced by any interested person, the staff report and
					 recommendation, and such other material as the Hearing Officer considers
					 relevant, including his/her own recommendation, which he/she shall make after
					 the hearing is closed and after he/she has had an opportunity to review, study,
					 and analyze the evidence presented during the hearing. Said recommendation
					 shall be issued no later than forty-five (45) calendar days after the hearing
					 is closed.
A copy of the Hearing Officer's report shall be sent to the
					 parties to the hearing prior to the decision being announced by the State
					 Health Officer.