Rule 15-19-60-12.4.2 - Notice of Charges and Hearing:1. Following the investigative process, the Department may file formal charges against the registrant. Such formal complaint shall, at a minimum, inform the registrant of the facts which are the basis of the charge and which are specific enough to enable the registrant to defend against the charges. 2. Each registrant, whose conduct is the subject of a formal charge which seeks to impose disciplinary action against the registrant, shall be served notice of the formal charge at least fifteen (15) days before the date of hearing. A hearing shall be presided over by the Department's designee. Service shall be considered to have been given if the notice was personally received by the registrant, or the notice was mailed certified, return receipt requested, to the registrant at the registrant's last known address as listed with the Department. 3. The notice of the formal hearing shall consist at a minimum of the following information: a. The time, place and date of hearing; b. That the registrant shall appear personally at the hearing and may be represented by counsel; c. That the registrant shall have the right to produce witnesses and evidence on the registrant's behalf and shall have the right to cross-examine adverse witnesses and evidence; d. That the hearing could result in disciplinary action being taken against the registrant's registration; e. That rules for the conduct of the hearing exist and it may be in the registrant's best interest to obtain a copy; and f. That the Department's designee shall preside at the hearing and following the conclusion of the hearing shall make findings of facts, conclusions of law and recommendations, separately stated to the State Health Officer as to what disciplinary action, if any, should be imposed on the registration. 4. The Department's designee shall hear evidence produced in support of the formal charges and contrary evidence produced by the registrant. At the conclusion of the hearing, the State Health Officer shall issue an order, within sixty (60) days. 5. Disposition of any complaints may be made by consent order or stipulation between the Department and the registrant. 6. All proceedings pursuant to this section are matters of public record and shall be preserved pursuant to state law. 15 Miss. Code. R. 19-60-12.4.2
Miss. Code Ann. § 41-3-15