It shall be the duty of the Board or its designee to investigate or prefer charges, or both, upon finding of cause, against any licensee who is accused of violating any law, rule, or regulation of the State Board of Funeral Service or is accused of gross or willful malpractice of the practice of funeral service or funeral directing, or the science of embalming. Upon initiation of such investigation written certified notice shall be given to the license of the alleged violations(s):
1. Whenever the Board shall have cause to believe that any person to whom a license has been issued has become unfit to practice as a funeral service or funeral directing licensee, or has violated any of the provisions of Section 73-11-41 et. seq. of the Mississippi Code Annotated, 1972, as amended or any rule or regulation of the Board, or whenever written complaint, on forms furnished by the Board, charging the holder of a license with the violation of any provision of Section 73-11-41 et. seq. of the Mississippi Code Annotated, 1972, as amended, or any rule or regulation prescribed, is filed with the Board, it shall be the duty of the Board to conduct an investigation. Upon receipt of notification to a formal complaint the licensee must make a written response to the complaint within twenty (20) days from receipt thereof. Failure to respond to the complaint shall be deemed as admission of the allegations contained therein.2. If from such investigation it shall appear to the Board that there is cause to suspect that the alleged violations have been committed, the licensee shall be notified by the certified mail of the alleged facts and violations and that these allegations could lead to suspension or revocation of his license. The Board may, after notice of hearing and upon satisfactory proof that the applicant or licensee is guilty of the violations enumerated in the notice the Board shall take such action as is deemed appropriate by the Board. In addition to any penalty levied by the Board the respondent shall be assessed with the costs of the hearing, including the cost of service of process, court reporters, expert witnesses and investigators. If the licensee acknowledges the alleged violations in writing, then no hearing shall be required and the Board shall take such action as it deems appropriate. Any member of the Board shall have the right to administer oaths to witnesses.3. If the agency finds that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.4. The Board chair may grant a continuance of a hearing for good cause shown. Requests for continuances will be made in writing. The request must state the grounds to be considered and be made as soon as practicable and, except in cases of emergencies, no later than five (5) days prior to the date noticed for the hearing The Board will grant no more than two (2) continuances.5. Appeals of the decisions of the Board shall be perfected in a manner consistent with Section 73-11-57 of the Mississippi Code of 1972, amended. The expenses of the appeal shall be borne by the appealing party.6. Appeals of the decisions of the Board shall be made according to Section 73-11-57 of the Mississippi Code of 1972, as amended.30 Miss. Code. R. 2401-8.2
Miss. Code Ann. §§ 73-11-49(7) and 73-11-57(1)(Rev. 2012).