Mississippi Administrative Code

When a person with substantial interest, as required by Section 25-43-2.103 of the Administrative Procedures Act, requests a declaratory opinion, the person must submit a printed, typewritten, or legibly handwritten request. A. Each request must be submitted on 8-1/2" x 11" white…

Any party who signs the request shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, admi…

Each request must contain the following: A. A clear identification of the statute, rule, or order at issue; B. The question for the declaratory opinion; C. A clear and concise statement of all facts relevant to the question presented; D. The identity of all other known persons in…

The Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: A. The matter is outside the primary jurisdiction of the Board; B. Lack of clarity concerning the …

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Board shall, in writing: A. Issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances; B.…

This rule establishes procedures and fees associated with all public requests for copies and/or inspection of public documents. A. Submission of Requests. 1. All requests for information should be submitted to the Mississippi Board of Pharmacy either in writing or via email. 2. N…

The IRC may include an Administrative Citation with the Notice of Hearing and Complaint. In lieu of a formal disciplinary hearing, the Respondent has the option to settle the matter through the payment of a fine and compliance with imposed conditions. If the Respondent does not a…

An Administrative Citation may be issued for the following violations: Failure of a Pharmacy Technician to wear a name tag identifying the individual as a Pharmacy Technician Failure to validate that a Pharmacy Technician has a current active registration Exceeding the Pharmacist…

In addition to any fine imposed, an Administrative Citation may include corrective action or additional conditions imposed by the IRC through a Memorandum of Agreement (MOA) that must be acknowledged and agreed to by the Respondent. Notes 30 Miss. Code. R. 3002-3.12 Miss. Code An…

All applications for licensure in the possession of the Board are exempt from the provisions of the Mississippi Public Records Act of 1983 pursuant to Mississippi Code Annotated Section 73-52-1. Notes 30 Miss. Code. R. 3002-3.2 Miss. Code Ann. § 73-52-1 Adopted 3/1/2017 Amended 1…

In the event any complaint on a licensee comes before the Board for possible disciplinary action, the members of the Board serving on the IRC which reviewed the investigation of that complaint shall recuse themselves and not participate in the disciplinary proceeding. Notes 30 Mi…

The Board, acting by and through its executive director, is authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers at a hearing. Process issued by the Board shall extend to all parts of the state and shall be served by a…

The accused shall have the right to appear at a disciplinary hearing either personally or by counsel, or both, to produce witnesses or evidence in his behalf, to cross-examine witnesses, and to have subpoenas issued by the Board. Notes 30 Miss. Code. R. 3002-3.5 Miss. Code Ann. §…

A. All hearings shall be conducted by the Board, which shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of its proceedings. B. The hearing shall be held at the time and place as specified in the Notice of Hearing and Complaint unless conti…

All motions must be filed with the Board at least fifteen (15) days prior to the scheduled hearing. The Board President shall have the authority to rule on motions that are filed pursuant to this Rule. The Respondent and the Board counsel will be notified of the ruling on the mot…

A motion for continuance must be filed with the Board at least fifteen (15) days prior to the scheduled hearing, or upon a showing of good cause, at any time prior to the hearing. A scheduling conflict on behalf of the Respondent or Respondent's counsel shall be considered good c…

When the Respondent has been duly served with a Notice of Hearing and Complaint, the Respondent and/or Respondent's counsel may request Settlement negotiations for the purpose of possible resolution of the matter or for purpose of simplifying the issues for hearing or promoting s…

The Board shall conduct background checks on any individual who applies for a license, registration or permit as required by law. Background checks shall include, but not be limited to, a criminal history records check requiring the applicant to be fingerprinted. Notes 30 Miss. C…

An individual may petition the Board for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license, registration or permit. The determination petition shall be filed on a form supplied by the Board and accompanied by a fee…

The following factors shall be used to determine if an applicant with a disqualifying criminal conviction will be denied a license: A. The nature and seriousness of the crime for which the individual was convicted; B. The passage of time since the commission of the crime; C. The …

If the Board denies an individual a license, registration or permit solely or in part because of the individual's prior conviction of a crime, the Board shall notify the individual in writing of the following: A. The grounds and reasons for the denial or disqualification; B. That…

An individual may be denied a license, registration or permit based on a conviction, guilty plea and/or a plea of nolo contender to a felony, which includes, but is not limited to, any of the following: A. Any controlled substance violation; B. Embezzlement C. Shoplifting D. Thef…

Notwithstanding Rule 4.5, any criminal conviction, other than a criminal conviction involving controlled substances, beyond ten (10) years prior to the application shall not disqualify an individual unless extenuating circumstances exist. Those extenuating circumstances shall be …

A. The Board may refuse to issue or renew, or may suspend, reprimand, revoke or restrict the license, registration or permit of any person upon one or more of the provisions listed in Mississippi Code Annotated Section 73-21-97. B. Unprofessional conduct. Unprofessional conduct s…

The Board will conduct an oral proceeding on a proposed regulation or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed regulation. A. Each request must be submitted o…

The date, time and place of all oral proceedings shall be filed with the Secretary of State's office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State. Notes 30 Mis…

The Board President or his designee, who is familiar with the substance of the proposed regulation, shall preside at the oral proceeding on a proposed regulation. Notes 30 Miss. Code. R. 3002-5.4 Miss. Code Ann. § 25-43-2.104 Adopted 3/1/2017

A. At an oral proceeding on a proposed regulation, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed regulation. B. Persons wishing to make oral presentations at such a proc…

A. The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall 1. call proceeding to order; 2. give a brief synopsis of the proposed regulation, a statement of the statutory a…

All disciplinary proceedings initiated by the Board shall be brought to a final resolution through one of the following means: A. Formal Disciplinary hearing before the Board; B. Acceptance by the Board of a mutually agreeable Settlement Order in lieu of a hearing; C. Issuance of…

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Board's public records request procedure. All declaratory opinions and requests shall be indexed by requestor's name, …

The Board may give notice to any person, agency or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from other persons, agencies or other entities other than the requestor. Notes 30 Miss. Code. R. 3002-6.11 Miss…

The Board will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the Board and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds …

The Board, acting by and through its executive director, is authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers at a hearing. Process issued by the Board shall extend to all parts of the state and shall be served by a…

All prehearing motions must be filed with the Board at least fifteen (15) days prior to the scheduled hearing. The Board President or Executive Director shall have the authority to rule on motions that are filed pursuant to this Rule. The Respondent and the Board counsel will be …

A motion for continuance must be filed with the Board at least fifteen (15) days prior to the scheduled hearing, or upon a showing of good cause, at any time prior to the hearing. A scheduling conflict on behalf of the Respondent or Respondent's counsel shall be considered good c…

A. All hearings shall be conducted by the Board, which shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of its proceedings. B. The hearing shall be held at the time and place as specified in the Notice of Hearing and Complaint unless conti…

When the Respondent has been duly served with a Notice of Hearing and Complaint, the Respondent and/or Respondent's counsel may request Settlement negotiations for the purpose of possible resolution of the matter or for purpose of simplifying the issues for hearing or promoting s…

The IRC may include an Administrative Citation with the Notice of Hearing and Complaint. In lieu of a formal disciplinary hearing, the Respondent has the option to settle the matter through the payment of a fine and compliance with imposed conditions. If the Respondent does not a…

In addition to any fine imposed, an Administrative Citation may include corrective action or additional conditions imposed by the IRC through a Memorandum of Agreement (MOA) that must be acknowledged and agreed to by the Respondent. Failure to take corrective action or comply wit…

Any person whose license, registration and/or permit has been denied, suspended, revoked or restricted, whether voluntarily or by action of the Board, shall have the right to petition the Board at reasonable intervals for relief from such action. The Board shall not consider a pe…

Any penalty imposed by Board pursuant to a violation of any statute, rule or regulation within the jurisdiction of the Board shall be not less than the minimum nor more than the maximum penalty allowed by Mississippi Code Annotated Sections 73-21-103, 73-21-161, 73-21-191 or any …

All applications for licensure in the possession of the Board are exempt from the provisions of the Mississippi Public Records Act of 1983. Notes 30 Miss. Code. R. 3002-7.2 Miss. Code Ann. § 73-52-1. Adopted 3/1/2017

The Board shall conduct background checks on any individual who applies for a license, registration or permit as required by law. Background checks shall include, but not be limited to, a criminal history records check requiring the applicant to be fingerprinted. Notes 30 Miss. C…

An individual may petition the Board for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license, registration or permit. The determination petition shall be filed on a form supplied by the Board and accompanied by a fee…

The following factors shall be used to determine if an applicant with a disqualifying criminal conviction will be denied a license: a. The nature and seriousness of the crime for which the individual was convicted; b. The passage of time since the commission of the crime; c. The …

If the Board denies an individual a license, registration or permit solely or in part because of the individual's prior conviction of a crime, the Board shall notify the individual in writing of the following: a. The grounds and reasons for the denial or disqualification; b. That…