Mississippi Administrative Code › Title 24 - Mental Health › Part 3 - Mississippi Department of Mental Health (DMH) Division of Professional Licensure and Certification (PLACE) Professional Credentialing Rules and Requirements › Chapter 14 - Certification Phases › Rule 24-3-14.4 - Administrative Appeal

Current through June 25, 2024
A. The terms of
				administrative appeal are only applicable to the application process.
B. An applicant aggrieved by a
				decision regarding the initial, upgrade or renewal application for professional
				credentialing (or a decision regarding the DMH Licensed Administrator "Program
				"Participant" application) has the right to appeal.
1. All appeals must be initiated by filing a
				written notice of appeal from the applicant by certified mail in an envelope
				clearly marked "Notice of Appeal" or by email with "Notice of Appeal" in the
				subject line. The written notice of appeal (along with any supplemental
				application information) should be sent to the DMH Deputy Director, with a copy
				to the DMH attorney.
2. The
				written notice of appeal to the DMH Deputy Director must be
received
by DMH within 10 calendar days of the mailing of the
				application review results.
(The date on the credential decision letter
				will be counted as Day One.)
The effective action of the decision
				being appealed shall not be stayed during the appeal process except at the
				discretion of the DMH Executive Director.
3. The written notice of appeal must have as
				its first line of text "Notice of Appeal" in bold-faced type (specifically
				stating that the notice is an appeal).
4. The written notice of appeal must contain
				a detailed statement of the facts upon which the appeal is based, including the
				reasons justifying why the applicant disagrees with the decision(s).
5. The DMH Deputy Director will conduct the
				first level of review.
6. If the
				DMH Deputy Director determines that the appeal merits the relief requested
				without any additional information requested by the DMH Deputy Director and/or
				the DMH attorney, the applicant will be notified within 10 calendar days of
				receipt of the written appeal that the relief requested is granted.
7. If the DMH Deputy Director determines that
				additional information is needed to make a decision or recommendation,
				additional written documentation from the applicant may be requested within 10
				calendar days of receipt of the appeal. The DMH Deputy Director will specify a
				timeline by which the additional information must be received.
8. Within 10 calendar days of the time set by
				the DMH Deputy Director for his/her receipt of the additional information
				requested, the DMH Deputy Director will:
a.
				Determine that the appeal merits the relief requested and notify the applicant
				that the relief requested is granted; or,
b. Determine that the appeal does not merit
				the relief requested and issue a recommendation of such, justifying denial of
				the appeal, to the DMH Executive Director, who will then conduct the second
				level of review of the appeal.
9. Within 10 calendar days of receipt of a
				recommendation for denial of an appeal from the DMH Deputy Director, the DMH
				Executive Director will make a final decision regarding the appeal and notify
				the applicant of the decision.
10.
				Timelines for review of appeals by the DMH Deputy Director and the DMH
				Executive Director may be extended for good cause as determined by the
				Department of Mental Health.
11.
				If the DMH Executive Director concurs with the findings of the DMH Deputy
				Director to deny the appeal, the applicant may file a written request by
				certified mail in an envelope clearly marked "Notice of Appeal" and addressed
				to the DMH Executive Director's office or by email with the "Notice of Appeal"
				in the subject line, requesting a review of the appeal by the Mississippi State
				Board of Mental Health. The request must be received by the Department of
				Mental Health within 10 calendar days after the date of the notice of the DMH
				Executive Director's decision to deny the appeal.
(The date on the DMH
				Executive Director's decision letter will be counted as Day One.)
12. The written notice of appeal
				to the Mississippi State Board of Mental Health must have as its first line of
				text "Notice of Appeal" in bold-faced type (specifically stating that the
				notice is an appeal).
13. The
				written request for review of the appeal by the Mississippi State Board of
				Mental Health must contain a detailed statement of the facts upon which the
				request for review of appeal is based, including the reasons justifying why the
				applicant disagrees with the decision of the DMH Executive Director.
14. The Mississippi State Board of Mental
				Health review of appeals under this section will be in compliance with the
				established policy of the Mississippi State Board of Mental Health regarding
				appeals.
15. The Mississippi State
				Board of Mental Health review of appeals under this section may be based upon
				written documentation and/or oral presentation by the applicant, at the
				discretion of the Board.
16.
				Decisions of the Mississippi State Board of Mental Health are final.