3 Miss. Code R. § 1-05-501

Current through May 31, 2024
Section 3-1-05-501 - Reconsideration
1. The Director, on his/her own motion or on request of the victim/claimant, may reconsider a decision granting or denying an award or determining its amount. An Order of Reconsideration of an award shall not require a refund of amounts previously paid unless the award was obtained by fraud.
2. Requesting a Reconsideration:
a. The victim/claimant must provide a written request for a reconsideration within thirty (30) days from the date of notification of the original determination.
b. The written request shall contain:
i. a brief position statement and the reason(s) why the decision is wrong and why he or she is dissatisfied with the decision; and,
ii. newly discovered information that would have resulted in a different determination had the information been known to the victim/claimant and the Director at the time of the original determination. The victim/claimant may also provide oral evidence to support their request.
3. When a request for a reconsideration is received, the Director will:
a. Review the claim, as well as any additional written and/or oral evidence;
b. Talk to the victim/claimant and/or witnesses if needed; and,
c. Conduct any additional claim investigations.
4. Order of Reconsideration:
a. After the reconsideration, the Director shall enter the findings of the reconsideration into an Order.
b. The victim/claimant will be notified in writing of the decision of the reconsideration.
c. The victim/claimant who disagrees with the Order may request a contested hearing within thirty (30) days from the date of receipt of the notification of the decision.
d. The decision of the reconsideration becomes a final decision within thirty (30) days of notification of the decision if no request for a contested hearing is received.

3 Miss. Code. R. § 1-05-501