Rule 48.10.1 Administrative Decision. The licensing agency will provide an opportunity for a
fair hearing to every applicant or licensee who is dissatisfied with administrative
decisions made in the denial or revocation of license.
1. The licensing agency shall notify the applicant or licensee by registered mail or
personal service of the particular reasons for the proposed denial or revocation of
license. Upon written request of applicant or licensee within ten (10) days of the
date of notification, the licensing agency shall fix a date not less than thirty (30)
days from the date of such service at which time the applicant or licensee shall be
given an opportunity for a prompt and fair hearing.
2. On the basis of such hearing or upon default of the applicant or licensee, the
licensing agency shall make a determination specifying its findings of fact and
conclusions of law. A copy of such determination shall be sent by registered mail
to the last known address of the applicant or licensee or served personally upon
the applicant or licensee.
3. The decision revoking, suspending, or denying the application or license shall
become final thirty (30) days after it is so mailed or served unless the applicant or
licensee, within such thirty (30) day period, appeals the decision in Chancery
Court pursuant to Section 43-11-23 of the Mississippi Code of 1972. An
additional period of time may be granted at the discretion of the licensing agency.
Rule 48.10.2 Penalties. Any person establishing, conducting, managing, or operating a facility
without a license shall be declared in violation of these regulations and may be
punished as set forth in the enabling statute. Further, any person who violates any
provision of the enabling statute, or of these regulations promulgated thereto
shall, upon conviction thereof, be guilty of a misdemeanor. Such misdemeanor
shall, upon conviction, be punishable as referenced in Section 43-11-25 of the
Mississippi Code of 1972, Annotated.
Rule 48.10.3. Ban on Admissions. If a condition of immediate jeopardy exists at a licensed
the facility, written notice of the determination of the condition shall be provided by
the licensing agency to the licensed facility, along with the notification that a ban
on all admissions is to be imposed five (5) calendar days after the receipt of the
notice by the licensed facility. If the licensing agency’s determination of a
condition of immediate jeopardy on the day of the licensure visit/survey is
confirmed, a ban on all admissions shall be imposed until the licensed facility
achieves compliance and such compliance is verified by the licensing agency.
The licensing agency will verify the licensed facility’s corrective actions as soon
as possible after the licensing agency receives a plan of correction from the
licensed facility.