15 Miss. Code R. § 16-1-54.4.5

Current through June 25, 2024
Rule 15-16-1-54.4.5

The notice will include the following information:

1. A statement informing the aide of the nature of the allegation and his/her conduct constituting the violation and confirmation of the findings by the licensing agency's investigator;
2. Date and approximate time of the occurrence;
3. A statement that the aide has a right to a hearing and must request a hearing in writing within thirty (30) days from the date of the notice;
4. A statement that the "Request for Hearing Form" accompanying the notice may be used to request a hearing;
5. A statement that if the aide fails to request a hearing in writing or the time to request a hearing has expired, it will be interpreted as a waiver of his/her right to a hearing and the Licensing Agency's findings will be reported to the Nurse Aide Registry;
6. A statement of the Licensing Agency's intent to place substantiated findings by an Administrative Hearing Officer on the Nurse Aide Registry;
7. A statement advising the aide of the consequences of waiving the right to a hearing and/or the consequences of a finding by the hearing officer that the resident abuse or resident neglect or misappropriation of resident property did occur (e.g., findings must be included and remain in the registry permanently, unless the finding was made in error, the individual was found not guilty in a court of law, or the State is notified of the individual's death);
8. A statement that any prospective employer, or others, checking the aide's status on the Nurse Aide Registry will be advised of any pending hearing and/or final decision;
9. A statement that whether or not a hearing is requested, the aide has the right to submit a written statement disputing the allegations if he/she chooses to do so; and
10. Right of the accused aide to be represented by an attorney at the individual's own expense.

15 Miss. Code. R. § 16-1-54.4.5

Miss. Code Ann. § 43-11-13