Rule 15-16-1-49.9.1 - Administrative Decision The 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 a license or for adverse actions or who qualifies pursuant to Subchapter 8 to appeal
1. The licensing agency shall notify the applicant or licensee by certified mail or personal service the particular reasons for the proposed denial or revocation of license. Upon written request of applicant or licensee within ten (10) days of the date of notification the licensing agency shall fix a date not less than thirty (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.2. The licensing agency shall notify the licensee of a ban on all admissions imposed as a result of immediate jeopardy survey findings. The ban on admissions will be imposed five (5) calendar days after the receipt of the notice by the licensee of the ICF-IID and/or the ICF-IID residential community home. A hearing must be requested within five (5) calendar days of receipt of the notice. In addition, the licensing agency shall provide notice to the licensee related to compensation and per diem costs for a temporary manager and/or state monitoring as applicable. Within 15 days of receipt of the notice, the ICF-IID or the ICF-IID Residential Community Home shall pay the bill or request an administrative hearing to contest the costs for which it was billed. The licensing agency shall fix a date not less than ten (10) days from the date of such service at which time the licensee of the ICF-IID or the ICF-IID residential community home 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 mail to the last known address of the applicant or licensee or served personally upon the applicant or licensee.4. The decision revoking, suspending, denying the application of license shall become final thirty (30) days after it is so mailed or served upon the applicant or licensee; however in matters involving the revocation, suspension, or denial of an application or license, or adverse actions imposed by the licensing agency as a result of immediate jeopardy survey findings resulting in a ban on all admissions, and compensation and per diem costs related to a temporary manager and/or state monitoring as applicable, the applicant or licensee may within such thirty (30) day period, appeal the decision to the Chancery Court pursuant to § 43-11-23 of the Mississippi Code of 1972, as amended. An additional period of time may be granted at the discretion of the licensing agency.15 Miss. Code. R. 16-1-49.9.1
Miss. Code Ann. § 43-11-13