Rule 15-18-77-2.1.50 - Informal Fact Finding and Hearing Whenever the Department intends to take action to suspend or revoke a Maintenance Provider certification, there must be an informal fact finding conference and proper notice must be given to the affected party.
1. The Certified Maintenance Provider shall be notified in writing. The notice must be hand delivered or sent by certified mail. The notice must provide the factual and legal basis for the contemplated action and must give the date, time, place, and location of the informal fact finding conference. 2. The informal fact finding conference is to be conducted by an employee of the Department. The conference shall be conducted in accordance with, but is not limited to, the requirements of Administrative Procedural Code of Mississippi and may include the creation of a verbatim or summary record of the proceedings. 3. The Department shall render a decision from the informal fact finding conference in a timely manner. Such decisions shall constitute the final administrative decision and may be appealed. 4. When action is taken to suspend a Maintenance Provider certification, that suspension shall be for a specified period of time. Remedial actions including, but not limited to, additional training courses, examination, and installation or repairing of the Individual On-Site Wastewater Disposal System(s). 5. Submitting false information to the property owner or to the Department is grounds for certification revocation. 6. Falsifying inspection reports is grounds for certification revocation. 7. Violating Mississippi State Laws or Regulations Governing On-site Wastewater Disposal Systems, or encouraging property owners to violate said laws and regulations, is grounds for certification revocation. 15 Miss. Code. R. 18-77-2.1.50