Rule 15-16-1-48.10.1 - Administrative DecisionThe licensing agency will provide an opportunity for a fair hearing to every applicant or licensee who is dissatisfied with administrative decisions made in the denial or revocation of license.
1. The licensing agency shall notify the applicant or licensee the particular reasons for the proposed denial or revocation of license by registered/certified mail or personal service to the last known address provided by the licensee to the licensing agency.2. Upon written request of applicant or licensee within 10days of the date of notification, the licensing agency shall fix a date not less than 30 days from the date of such service at which time the applicant or licensee shall be given an opportunity for a prompt and fair hearing.3. On the basis of such hearing or upon default of the applicant or licensee, the licensing agency shall make a determination specifying its findings of fact and conclusions of law. A copy of such determination shall be sent by registered/certified mail to the last known address of the applicant or licensee.4. The decision revoking, suspending, or denying the application or license shall become final 30 days after it is so mailed or served unless the applicant or licensee, within such 30-day period, appeals the decision in Chancery Court pursuant to Miss. Code Ann. § 43-11-23. An additional period of time may be granted at the discretion of the licensing agency.5. An applicant, licensee, owner, operator, director, administrator, or affiliate of whose application or license has been denied, suspended, revoked, or renewal denied may not apply for a license for five (5) years after the license is terminated. After the 5-year period, the applicant must petition the licensing agency in writing for reapplication approval. The facility shall not use subterfuge or other evasive means to obtain a license, such as applying for license through a second party when a licensee or applicant has been denied, suspended, revoked, or denied renewal. Doing so shall constitute prima facie evidence of fraud and will result in denial of the application/license.6. The 5-year period referenced above shall begin on the date of the MSDH's or the Administrative Hearing Officer's decision to revoke or deny the application or license.7. The licensing agency will keep a list of revoked licenses and dates when eligible for reapplication.15 Miss. Code. R. 16-1-48.10.1
Miss. Code Ann. § 43-11-13