30 Miss. Code. R. 3301-7.5

Current through October 31, 2024

Rule 30-3301-7.5 - Investigation

A. Complaints should be submitted to the Board Administrator at the Board office.

1. If needed, the Board Administrator shall send the appropriate complaint forms to the complainant, but can otherwise be found on the agency website.

2. The complaint should be on the complaint forms approved by the Board.

3. The complaint should include the street address, phone numbers, email address, and any other reasonable contact information and releases of information of the individual filing the complaint.

4. The complaint should include any witness information.

5. For complaints submitted on the printed complaint forms, the complainant is responsible for completing, notarizing, and returning the forms to the Board Office.

B. Upon receipt of a complaint, the Board Administrator will:

1. Assign a complaint number and enter complaint information in the Complaint Log;

2. Prepare a file for the original documents of the complaint;

3. Copy the original documents;

4. Notify the Accused of the allegations. This can be done by sending a copy of the complaint to the Accused via certified mail. The Accused shall have thirty (30) calendar days from the date of the letter to respond to the allegations in writing and return via mail to Mississippi Autism Board, PO Box 20, Jackson, MS 39205;

5. Send the copy to the Board member assigned the complaint or, at the direction of the Board, an external investigator, and the Board attorney;

6. Complaints shall be assigned among Board members as the Board investigator on a rotating basis; and

7. The option of assigning a complaint to an external investigator shall be determined by the Board on a case-by-case basis.

C. The Board member or investigator shall:

1. Investigate the complaint to determine validity, appropriateness, and jurisdiction of the complaint based on the Code of Ethics, the Rules and Regulations, and the statutes governing Licensees;

2. All official notices to the Accused should be completed using certified return receipt mail;

3. Appropriate documentation should be copied to the Board Administrator and the Board attorney; and

D. The Board shall conduct a meeting, with a quorum present, to hear a case presented by the assigned/designated Board member or investigator.

1. The assigned case number will be used in referring to the case.

2. Only a minimal description of the case should be offered at this juncture of the proceedings.

E. All disciplinary hearing proceedings are matters of public record and shall be preserved pursuant to state law.

F. All final orders issued by the Board shall be reflected in the Board minutes.

30 Miss. Code. R. 3301-7.5

Miss. Code Ann. § 73-75-9

Amended 4/15/2024