Statutes, codes, and regulations
Mississippi Administrative Code
Title 15 - Mississippi Department of HealthPart 9 - Office of Health Policy and PlanningSubpart 91 - Planning and Resource Development
Chapter 4 - PUBLIC HEARING DURING THE COURSE OF REVIEW
Rule 15-9-91-4.2 - Fee for Public Hearing

15 Miss. Code. R. 9-91-4.2

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Current through January 14, 2025
Rule 15-9-91-4.2 - Fee for Public Hearing

The fee assessed to cover the cost of conducting a public hearing during the course of review shall be an amount equal to $3,000 per day for each day of the hearing and shall be secured by a deposit of, $6,000 payable by the requestor, or shared equally by all requestors, at the time the request for hearing is received by the Department of Health. A request for hearing and payment of the fee and deposit must both be received within ten (10) calendar days of notice. The $6,000 fee will cover the cost of a hearing for a two-day period ONLY. Whenever a hearing exceeds the two-day period allotted, an additional fee of $3,000 per day for each day beyond the first two days shall be assessed to the requestor, or shared equally by all requestors, of said hearing. If the fees collected for a hearing exceed the actual costs, the remaining funds shall be refunded to the requestor(s) once all invoices have been paid. In the case of multiple requestors, the remaining funds will be divided equally between the parties. If the fees collected for a hearing are insufficient to cover the actual reasonable costs of the hearing, the requestor(s) shall be responsible for remitting additional fees to cover the costs.

Should the request for hearing be withdrawn, a portion of the assessed fee shall be refunded. A minimum of $1,000 will be retained by the Department. Any extraordinary expenses incurred, such as extra publication expenses, expenses of hiring a court reporter, extraordinary administrative time, etc., shall be deducted at a reasonable rate, and the remaining portion thereof shall be refunded to the person(s) requesting the hearing during the course of review.

Refund of fees will be made in accordance to the following regulations:

1. Portions of the $6,000 fee required to request a hearing during the course of a review will be refunded under the following circumstances:
a. When an application for a Certificate of Need is withdrawn by the applicant and a hearing during the course of review is pending but has not commenced at the time of the withdrawal of the application.
b. When the person or entity requesting the hearing during the course of review withdraws said request.
2. To obtain a partial refund of the hearing fee when the application has been withdrawn prior to commencement of the hearing, the requestor(s) must request said refund within five (5) business days after said application has been withdrawn.

The actions outlined in paragraph (1)(b), above, must have been completed no later than five (5) business days before the day on which the hearing during the course of review was scheduled to be held. Any notice of the actions outlined in paragraph (1)(b), above, received later than five (5) business days prior to the date set for the hearing during the course of review will not entitle the requestor to a return of any portion of the fee paid.

3. When an application is administratively withdrawn by the Department prior to the commencement of the hearing, a full refund of filing fee will be made to the requestor(s).

15 Miss. Code. R. 9-91-4.2

Adopted 3/2/2017
Amended 4/9/2017
Amended 9/1/2019
Amended 11/13/2023