Section 73-7-27 - [Effective 1/1/2025] Filing, investigation and disposition of complaints against licensees; revocation, suspension or refusal of licenses or certificates of registration; notice and hearing; rendition of written decision; appeal from from decision of board; imposition of fines by board(1) Any complaint may be filed with the board by a member or agent of the board or by any person charging any licensee of the board with the commission of any of the offenses enumerated in subsection (2) of this section. Such complaint shall be in writing, signed by the accuser or accusers, and verified under oath, and such complaints shall be investigated as set forth in Section 73-7-7. After the investigation, the board may dismiss the complaint if the board, through its administrative review agents, determines that there is not substantial justification to believe that the accused licensee has committed any of the offenses enumerated or, the board may prepare a formal complaint proceeding against the licensee as hereinafter provided. When used with reference to any complaint filed against a licensee herein, the term "not substantial justification" means a complaint that is frivolous, groundless in fact or law, or vexatious, as determined by unanimous vote of the board. In the event of a dismissal, the person filing the accusation and the accused licensee shall be given written notice of the board's determination. If the board determines there is reasonable cause to believe the accused has committed any of those offenses, the secretary of the board or the executive director shall give written notice of such determination to the accused licensee and set a day for a hearing as provided in subsection (3) of this section.(2) The board shall have the power to revoke, suspend or refuse to issue or renew any license or certificate provided for in this chapter, and to fine, place on probation and/or otherwise discipline an applicant, student , licensee or holder of a certificate, upon proof that such person: (a) has not complied with or has violated any of the rules and regulations promulgated by the board; (b) has not complied with an order, decision, or ruling of the board; (c) has committed fraud or dishonest conduct in the taking of the examination herein provided for; (d) has been convicted of a felony; (e) has committed grossly unprofessional or dishonest conduct; (f) is addicted to the excessive use of intoxicating liquors or to the use of drugs to such an extent as to render him or her unfit to practice in any of the practices or occupations set forth in this chapter; (g) has advertised by means of knowingly false or deceptive statements; (h) has failed to display the license or certificate issued to him or her as provided for in this chapter; or (i) has been convicted of violating any of the provisions of this chapter. A conviction of violating any of the provisions of this chapter shall be grounds for automatic suspension of the license or certificate of such person.(3)(a) The board shall not revoke, suspend or refuse to issue or renew any license or certificate, or fine, place on probation or otherwise discipline any applicant, licensee or holder of a certificate in a disciplinary matter except after a hearing of which the applicant or licensee or holder of the certificate affected shall be given at least twenty (20) days' notice in writing, specifying the reason or reasons for denying the applicant a license or certificate of registration, or in the case of any other disciplinary action, the offense or offenses of which the licensee or holder of a certificate of registration is charged. Such notice may be served by mailing a copy thereof by United States first-class certified mail, postage prepaid, to the last-known residence or business address of such applicant, licensee or holder of a certificate. The hearing on such charges shall be at such time and place as the board may prescribe. The provisions of this paragraph (a) shall not apply to the board's collection of a civil penalty or fine imposed by the board under paragraph (b) of this subsection.(b) Any civil penalty or fine imposed by the board under this chapter resulting from an inspection or audit shall become due and payable when the applicant, licensee or holder of a certificate incurring the penalty receives a notice in writing from the board of the penalty. The notice shall be sent by registered or certified mail or by personal service. The person to whom the notice is addressed shall have thirty (30) days from the date of the notice in which to make written application for a hearing. Any person who makes the application for a hearing shall be entitled to a hearing. The hearing shall be conducted as a contested case hearing. When an order assessing a civil penalty under this section becomes final by operation of law or on appeal, unless the amount of penalty is paid within thirty (30) days after the order becomes final, it may be recorded with the circuit clerk in any county of this state. The clerk shall then record the name of the person incurring the penalty and the amount of the penalty in his lien record book.(c) The board may temporarily suspend a license under this chapter without any hearing, simultaneously with the institution of proceedings under this section, if it finds that the evidence in support of the board's determination is clear, competent and unequivocal that the licensee's continuation in practice would constitute an imminent danger to public health and safety.(4) At such hearings, all witnesses shall be sworn by a court reporter, and stenographic notes of the proceedings shall be taken. Any party to the proceedings , at the request of such party, shall be furnished with a copy of such stenographic notes upon payment to the board of such fees as it shall prescribe, not exceeding, however, the actual costs of transcription.(5) The board is authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers. The process issued by the board shall extend to all parts of the state and such process shall be served by any person designated by the board for such service. The person serving such process shall receive such compensation as may be allowed by the board, not to exceed the fee prescribed by law for similar services. All witnesses who shall be subpoenaed, and who shall appear in any proceedings before the board, shall receive the same fees and mileage as allowed by law.(6) Where in any proceeding before the board any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify, or shall refuse to produce any books and papers, the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state, in the same manner as are enforced for the attendance and testimony of witnesses in civil cases in the courts of this state.(7) The board shall conduct the hearing in an orderly and continuous manner, granting continuances only when the ends of justice may be served. The board shall, within sixty (60) days after conclusion of the hearing, reduce its decision to writing and forward an attested true copy thereof to the last-known residence or business address of such applicant, licensee or holder of a certificate, by way of United States first-class certified mail, postage prepaid.(8) Any and all parties to the hearing shall have the right of appeal from an adverse ruling, or order, or decision of the board to the Chancery Court of the First Judicial District of Hinds County, Mississippi, upon forwarding notice of appeal to the board within thirty (30) days after the decision of the board is mailed in the manner here contemplated. The appellant shall, together with the notice of appeal, first pay the costs for the transcription of the record of the hearing(s) and proceeding(s) before the board in which the adverse ruling, order or decision of the board was made. Any fine imposed by the board under the provisions of this chapter shall not take effect until after the time for appeal has expired, and an appeal of the imposition of such a fine shall act as a supersedeas bond. The appeal shall thereupon be heard in due course by the court, which shall review the record and make its determination thereon.(9) The board, in its discretion, may assess and charge any part or all of the costs of any disciplinary proceedings conducted under this section against the accused if the accused is found guilty of the charges.(10) Any fine imposed by the board upon a licensee or holder of a certificate shall be in accordance with the following class designation of fines: (a) Class A - No violations or the violations are minor health and safety violations that are detrimental to public safety and welfare. Violations under this class shall be set at no less than Fifty Dollars ($50.00) but no more than Two Hundred Dollars ($200.00);(b) Class B - Class B violations are major health and safety concerns that are detrimental to public safety and welfare and shall be set at no less than Two Hundred Fifty Dollars ($250.00) but no more than Seven Hundred Fifty Dollars ($750.00);(c) Class C - Class C violations shall be set at no less than Eight Hundred Dollars ($800.00) but no more than One Thousand Dollars ($1,000.00) and are violations specific to the following: (i) Unlicensed practice or the use of fraudulent statements to obtain any benefits or privileges under this chapter or practicing one (1) of the professions regulated by the board without a license. These violations will be handled in accordance with the requirements of Section 73-7-27 or Section 73-7-37 when applicable; and(ii) Extremely dangerous to the health and safety of the public. The power and authority of the board to impose such fines under this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations.
(11) In addition to the reasons specified in subsection (2) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.Codes, 1942, § 8915-14; Laws, 1948, ch. 367, § 14; Laws, 1964, ch. 450, § 13; reenacted without change, Laws, 1983, ch. 487, § 14; Laws, 1991, ch. 553, § 19; reenacted, Laws, 1993, ch. 596, § 18; reenacted, Laws, 1995, ch. 383, § 19; Laws, 1996, ch. 507, § 33; reenacted and amended, Laws, 1997, ch. 513, § 19; reenacted without change, Laws, 2005, ch. 492, § 19; reenacted without change, Laws, 2010, ch. 487, § 19; reenacted and amended, Laws, 2011, ch. 525, § 19, eff. 7/1/2011.Amended by Laws, 2024, ch. 437, HB 313,§ 20, eff. 1/1/2025.Reenacted without change by Laws, 2021, ch. 470, HB 1312,§ 19, eff. 4/9/2021.Amended by Laws, 2013, ch. 523, HB 1164, 19, eff. 7/1/2013.Repeal date: Miss. Code § 73-7-63 provides that this chapter is repealed effective 7/1/2024. Laws, 2024, ch. 437, HB 313,§ 28 repeals Miss. Code § 73-7-63 effective 1/1/2025.This section is set out more than once due to postponed, multiple, or conflicting amendments.