Rule 30-2201-4.9 - Request for Pre-Licensure DeterminationA. An individual may request the Board for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license. The determination request shall be in writing, filed on a form supplied by the Board and signed in the presence of a notary. The request shall also be accompanied by a judgment of conviction and a fee of $25.00. An individual shall be denied a license or permit based on a felony or misdemeanor conviction which includes the following: a deferred conviction, a deferred prosecution, a deferred sentence, finding or verdict of guilt, admission of guilt or a plea of nolo contendre to a crime involving moral turpitude. A waiver may be granted in accordance with the requirements of Rule 4.1(k) above.
B. Determination Notification1. Time for Response. The Board or its designee shall issue a written determination notification to the individual within thirty (30) business days from the Board's receipt of the individual's request.2. Standing. The individual shall be provided one of the following responses: a. Insufficient Information. If the individual's request contains insufficient information, the licensing authority or its designee will notify the individual that a determination cannot be made at this time as to the individual's standing or whether or not the criminal record will disqualify the individual from obtaining a license.b. Disqualification Notification. The licensing authority or its designee shall notify the individual of the following:i. Grounds and reasons for denial or disqualification; andii. The right to a hearing; andiii. The earliest date to reapply for a license; andiv. Evidence of rehabilitation may be considered upon reapplication.3. Administrative Hearing. The notice will advise the individual of the right to a hearing to challenge the licensing authority or its designee's decision. A denial under the provision of this rule shall be heard by the Board and appealed in the same manner as a denial of licensure under Rule 5.2.30 Miss. Code. R. 2201-4.9
Miss Code Ann. § 73-77-7 and § 73-77-9