Rule 31-601-4.3 - Procedures1. The procedures listed herein shall be followed to ensure a fair and expedient process consistent with law. A. The Board staff shall open a certification review file upon the instruction of the assistant director or the director. The director or the assistant director may base the opening of a review file on a number of sources. 1. Routine activity by the Board staff that discloses noncompliance with the ETTP or established policy shall be considered as possible basis for opening a certification review file. 2. Emergency Telecommunicator agency heads may request in writing to the assistant director or the director that a certification review file be opened. 3. The investigative divisions of the state or a political subdivision thereof may request in writing to the assistant director or the director that a certification review file be opened a. All such requests in A(2) and A(3) should be accompanied by documents to support the review request. All accepted materials shall become a part of the individual telecommunicator's application packet. b. The release of these materials shall be in accordance with the Board's policy and the Open Meetings and Records Act. B. Once the certification review file has been opened, the Board staff shall be responsible for organizing the materials submitted as a result of the review process. The staff may correspond with the employer, official records clerks or investigative agencies to clarify information. The staff may also initiate a request through the director to the investigative division of the Office of the Attorney General for further investigative support if needed. C. The staff will indicate whether criminal charges have been initiated and maintain a current status report for each opened certification review file. (Information on court dates, hearings, pleas, adjudication status and sentencing shall be maintained to enable the director to take immediate action once a case has been heard.) D. The director or the assistant director shall review the status of all open certification review files on a regular basis. Once the director believes that there is sufficient cause to initiate a request for a board action or administrative action in the case, the director shall notify the Chair of the Board and request the formation of a certification review hearing or send a letter to the certificate holder notifying them of the administrative action. The action becomes effective in 30 days unless the certificate holder requests a hearing before the Board. E. The Chair shall evaluate the review file and consider whether there is sufficient cause to support a belief in a reasonable basis for revocation. The Chair shall decide the need for expeditious action based on available information and establish a time frame for further activities. The Chair may elect to: 1. Delay consideration pending further information; 2. Proceed with a hearing to enable the full Board to evaluate the case. F. If the Chair decides to proceed with a hearing, the Chair shall contact the director to establish the hearing. The Chair may elect to hold the hearing at the next regularly scheduled meeting or at a specially convened meeting for that purpose. 1. Once the date has been established for the hearing, the director shall notify the telecommunicator and the agency head by letter of the hearing date. The letter shall state in clear terms that the board will decide at the designated meeting whether or not to reprimand, suspend, or cancel and recall the telecommunicator's certificate. 2. The letter will also: a. Notify the telecommunicator of the time and place of the meeting; b. Spell out the substance of the proposed reasons for recalling the certificate. c. Invite the telecommunicator to appear personally before the Board to make a presentation on his/her certification. d. Advise the telecommunicator that he/she may bring people to give oral testimony or to provide assistance in the presentation. e. Advise the telecommunicator that he/she may have counsel assist and/or represent them at the hearing. f. Advise the telecommunicator that strict rules of evidence do not apply. g. Advise the telecommunicator that documents may be submitted for consideration. All copies of any official documents must be submitted under the county seal or notary public. Any written testimony must be presented in the form of duly sworn affidavits. All documents must be submitted to the Board staff not later than five working days before the hearing. G. At the appointed time, the chair shall convene the certification hearing. The chair or the vice chair shall be the presiding officer and control the course of the hearing. The Board itself shall constitute the hearing panel. 1. The proceedings of the hearing shall be recorded electronically and a separate written record shall be prepared. 2. The Board shall consider all oral and written material presented at the hearing. H. At the conclusion of all presentations and arguments, the board may vote to enter executive session to deliberate the question of certification. 1. During deliberation the board shall first consider the factual charges against the telecommunicator and determine if the information presented supports the charges. 2. If the board finds that one or more of the charges are supported, then the board shall consider whether to reprimand, suspend, or cancel and recall the telecommunicator's certification. 3. The Board action shall be reduced to writing and entered into the written record of the proceedings. This record shall report the Board's findings of fact relative to each charge and the certification decision reached by the Board. I. The director shall notify the employing agency and the telecommunicator in writing of the Board's decision. If the Board recalled the certificate, the notification shall advise the employer that no person shall serve as an emergency telecommunicator during a period when that person's certificate has been canceled or recalled in accordance with Mississippi Code Annotated, § 19-5-353 (8). L. A telecommunicator aggrieved by the findings and order of the Board may file an appeal with the chancery court of the county in which the telecommunicator was employed. The telecommunicator must submit written notice of the appeal and the appropriate venue to the Board within thirty days after the date of the Board's final order. 31 Miss. Code. R. 601-4.3
Miss Code Ann. § 19-5-353