30 Miss. Code. R. 1701-4.3

Current through October 18, 2024

Rule 30-1701-4.3 - The complaint and hearing process

A. All complaints shall be filed on a form obtained from the Board's executive secretary or attorney. Complaints shall meet the criteria established on that form.

B. Upon receipt, the complaint will be forwarded to the Board's attorney who shall assign the complaint a docket number. All future documents relating to a particular case will make reference to that docket number and will be entered in a docket book. Docket books will be kept at the office of the Board's attorney and executive secretary.

C. The Board's attorney will present any complaints and supporting documentation received to the board at its next meeting. The Board will review all complaints. The standard by which the complaints shall by reviewed is the expected and reasonable standard of the profession. By that it is meant that a veterinarian must possess that reasonable degree of learning, skill and experience which ordinarily is possessed by others of the profession, and that a veterinarian must exercise reasonable and ordinary care and diligence in the exertion of this skill and the application of this knowledge, and exert one's best judgment as to the treatment of the case intrusted to the veterinarian- in short, a veterinarian is bound to bestow such reasonable and ordinary care, skill and diligence as veterinarians in good standing in the same neighborhood, in the same general line of practice, ordinarily have and exercise in like cases

After review, the Board shall make a preliminary determination which shall be one of the following:

1. Dismiss the complaint; or

2. Request a response from the respondent veterinarian; or

3. Schedule an informal hearing; or

4. Schedule a formal hearing.

If a response is requested from the respondent veterinarian the response will be considered at the next meeting of the Board, following the initial presentation of the complaint. At that time the Board shall make one of the determinations outlined above, i.e., 1, 3 or 4.

The initial review by the Board shall consist of a reading of the sworn complaint of the complaining party, together with any relevant documentation. This documentation may include medical records, pictures, bills for services, autopsy reports, articles and any additional records submitted and deemed relevant by the Board. If the respondent veterinarian is requested to respond, specifically including office notes, test results and x-rays.

The Board will dismiss all complaints which are frivolous or which would not permit the Board to take any action under the Mississippi Veterinary Practice Act. If no punitive action against a respondent veterinarian is contemplated, but the Board feels a benefit would result to the respondent veterinarian or the complainant, an informal hearing will be scheduled. If the Board determines that the complaint is so severe that punitive action against a respondent is possible or probable, the Board will schedule a formal hearing.

In determining whether to dismiss a complaint or whether to hold an informal or formal hearing, the Board will hold a formal hearing when the preliminary review of the complaint and supporting documentation reveals the existence of one of the grounds for revocation enumerated in § 79-39-19. Additionally, any report from the Department of Justice, Drug Enforcement Agency or the United States Department of Agriculture, Animal Plant Health Inspection Service or any other federal or state regulatory entity which indicates the existence of one of the grounds enumerated in § 79-39-19 shall result in a formal hearing.

D. Within fifteen (15) days of making its decision as outlined in C, the complainant and respondent veterinarian will be notified of the Board's decision.

E. If an informal hearing is scheduled, the complainant and respondent veterinarian may present any documentation and testify (not under oath) to present the facts of the case. At the conclusion of the informal hearing, the Board will advise all parties of its decision within fifteen (15) days. At an informal hearing if the Board feels some punitive action is warranted, a formal hearing will be scheduled.

F. If a formal hearing is scheduled, a court reporter will be supplied by the Board to record the proceedings. Either the complainant or the respondent veterinarian may bring legal counsel. Witnesses must testify under oath.

G. In conformity with § 73-39-20 all hearings will be held in Jackson, Mississippi.

H. If the respondent veterinarian feels aggrieved by the decision of the Mississippi Board of Veterinary Medicine, he or she may file an appeal with the Chancery Court in Hinds County.

I. If the Board elects to revoke the license of the respondent veterinarian, the Executive Secretary of the Board shall notify the Circuit Clerk of the county wherein such formerly licensed person's address of record with the Board is located that the license has been revoked. The Circuit Clerk shall record the notice in the book which he is required to keep under the provisions of § 73-39-17.

J. At the conclusion of a formal hearing the Board may take one or more of the following actions:

1. Dismiss the complaint;

2. Revoke the respondent veterinarians license;

3. Suspend the respondent veterinarians license for a period of time without conditions;

4. Suspend the respondent veterinarian's license for a period of time with conditions;

5. Place the respondent veterinarian's license on probation;

6. Fine the respondent veterinarian;

7. Reprimand the respondent veterinarian.

K. While the Board has no regularly scheduled meetings (except the June meeting), thereby making a standard of timeliness difficult to establish, the Board adopts and will attempt to comply with the following guidelines;

EVENT	ACTION	TIME
Filing of Complaint	Preliminary Review	Next Board Meeting
Decision of Board after preliminary consideration	Advising parties of decision	15 days
Decision of Board after informal hearing	Advising parties of decision	15 days
Decision of Board after formal hearing	Advising parties of decision	30 days
Receipt by respondent veterinarian	Appeal of Board's decision	30 days

30 Miss. Code. R. 1701-4.3

Miss. Code Ann § 73-39-57.