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78 When MDHS initiates any adverse action, a formal, written notice will be issued to the child care provider, applicant, or recipient against whom the action will be taken. The notice will include (1) the reason the action is to be taken which are typically stated as findings, (2) action that the agency is intending to take or the action required by the child care provider, applicant, or recipient, (3) instructions for filing an appeal of the action, and (4) what will happen if the child care provider, applicant, or recipient fails to respond to the notice. The agency provides a period of thirty (30) days of the date on the notice to request an administrative agency appeal.

MDHS Programmatic Administrative Agency Appeal Hearing Policy is incorporated herein by reference (See Part 23, Chapter 3 can be found at: https://www.sos.ms.gov/adminsearch/ACCode/00000671c.pdf

Source: 45 CFR 98.91; Miss. Code Ann. § 43-1-2(4); Miss. Code Ann. § 43-1-4 Revised: August 2025

Rule 9.9 Civil Action

MDHS may pursue civil action in a court of competent jurisdiction if a parent or child care provider breaches a repayment agreement.

Source: 45 CFR 98.11; Miss. Code Ann. § 43-1-27; Miss. Code Ann. § 43-1-2(4); Miss. Code Ann. § 43-1-4 Revised: August 2025

Rule 9.10 Criminal Prosecution

If there is sufficient evidence of a Suspected Intentional Program Violation (SIPV), the evidence shall be referred for criminal prosecution if the potential improper payment amount is over $50,000. Criminal prosecution shall be consistent with state and federal law. MDHS shall collect improper payment through a repayment agreement or court ordered restitution. When a case is referred for criminal prosecution, MDHS reserves the right to enact any of the penalties identified in this manual at their sole discretion, including but not limited to permanent disbarment from the program.

Source: 45 CFR 98.100(d); 45 CFR 98.11; Miss. Code Ann. § 43-1-27; Miss. Code Ann. § 43-1-2(4); Miss. Code Ann. § 43-1-4 Revised: August 2025