Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2825 - RULES OF PROCEDURE › Chapter 1 - Disciplinary Proceedings › Rule 30-2825-1.10 - Appeal of Board Hearing Panel Decision to Full Membership of the Board

Current through June 25, 2024
Appeals from any decision of a Board Hearing Panel shall be
				  made to the Full Membership of the Board, pursuant to
Miss. Code
				  Ann.
Section
				  73-15-31,
				  except as set forth in
Miss. Code Ann.
Sections
				  93-11-153,
				  93-11-163,
				  and
				  37-101-291.
A. Procedures for Appeal of Board
				Hearing Panel Decision:
1) Any Respondent who
				appeals a decision of the Board Hearing Panel must file his or her Notice of
				Appeal of the Board Hearing Panel's decision in writing along with a
				fifty-dollar ($50.00) appeal fee within thirty (30) days of notice of the
				Hearing Panel's decision. Payment must be made by cashier's check, money order,
				or Board-accepted electronic method.
2) Notice of the Hearing Panel's decision
				occurs on the date the order of the Board Hearing Panel is mailed via certified
				mail to or personally served upon the Respondent.
3) Within seven (7) days after filing his or
				her Notice of Appeal, the Respondent/Appellant shall serve on the court
				reporter a written request for the transcript of the hearing that resulted in
				the appealed decision. Respondent/Appellant shall be responsible for the cost
				of the preparation of said transcript. In his or her request for the
				transcript, Respondent/Appellant shall request that the court reporter notify
				the Board's legal staff when the transcript has been completed.
				Respondent/Appellant shall simultaneously file with the Board a copy of the
				written request for said transcript.
4) Within sixty (60) days after the court
				reporter mails a copy of the transcript to Respondent/Appellant,
				Respondent/Appellant shall file with the Board by mail or in person one (1)
				copy of a written brief specifying the issues being appealed and including
				supporting rationale. Briefs shall be submitted on 8 -by 11-inch paper and
				shall not exceed ten (10) typed double-spaced pages.
5) Within sixty (60) days after receipt of
				Respondent/Appellant's brief, the staff of the Board, as Appellee, shall submit
				a written brief in response to the brief of Respondent/Appellant.
6) Upon written request, the Board, in its
				discretion for good cause shown, may grant an extension of the time. However,
				the Board shall not enlarge the time for filing notice of appeal.
7) If a Respondent/Appellant fails to file
				his or her brief within the time provided by this Rule or within the time as
				extended, the appeal may be dismissed on motion of the Appellee or upon the
				Board's own initiative. If the Appellee fails to file its brief as required,
				such brief if later filed may be stricken from the record on motion of
				Respondent/Appellant or by a motion of the Board. If the Appellee fails to file
				a brief, it will not be heard at oral argument except by permission of the
				Board.
8) Appeals of Board Hearing
				Panel decisions shall be scheduled for hearing by the Full Membership of the
				Board at the first available Board meeting following timely submission of the
				Appellant's and Appellee's briefs.