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 19 - Complaints and Disciplinary Action › Rule 24-3-19.6 - Disciplinary Appeal

Current through June 25, 2024
A. Following a
				disciplinary hearing, an individual aggrieved by a decision of the Review Board
				related to disciplinary action/sanctions has the right to appeal.
1. All appeals must be initiated by filing a
				written notice of appeal from the aggrieved individual (i.e., appellant) 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 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 Review Board's action. (The date on the Review Board
				letter/correspondence 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 appellant disagrees with the decision.
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
				DMH Attorney, the appellant will be notified within 10 calendar days of the
				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 appellant 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 appellant
				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 appellant 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 aggrieved individual (i.e., appellant) 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
				appellant 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 appellant, at the
				discretion of the Board.
16.
				Decisions of the Mississippi State Board of Mental Health are final.