Rule 30-1101-12.3 - Disciplinary ProceedingsA. Petitions and Notice of Hearing - For the purposes of this rule, "petition" refers to the formal documents issued by the Board to initiate a disciplinary hearing. The petition is based on prior investigation of charges or information and shall set forth a statement of the charges against the accused. For the purposes of this rule, "notice of hearing" refers to the document accompanying the petition which notices the respondent to appear and sets forth the time and place of the hearing. The notice and together with a copy of the applicable Law and Rules and Regulations shall be served on the respondent in the manner and time required by law. Section 73-63-43, et seq., of the Mississippi Code of 1972, as amended.
B. Consent Orders - If after receipt of a petition and prior to the disciplinary hearing an accused desires to admit to a violation, a consent order may be entered into with the accused without the necessity of a disciplinary hearing. Any consent order shall be subject to the approval of the Board and shall not be subject to appeal. The Board may reject a proposed consent order and vote to hold a formal disciplinary hearing.C. Informal Conferences - The respondent may request an informal conference at the Board office or via a telephone conference or similar electronic means with the investigative committee for the purpose of showing that the allegation(s) contained in the petition is (are) not true. The investigative committee will be composed of the designated Board member, a Board designee or Executive Director/Board Administrator, the Board attorney, and appropriate staff personnel; however, the absence of the designated Board member or the Board's designee or Executive Director/Board Administrator or Board attorney shall not invalidate the formation of the committee or the conclusions of the conference. If the respondent desires a conference and the petition cannot thereafter be dismissed on the evidence, an effort will then be made to reach an informal settlement and consent order as provided in paragraph B.30 Miss. Code. R. 1101-12.3
Miss. Code Ann. § 73-63-17(a); § 73-63-43 et seq.