6.3 Hearings, Sanctions, Circuit Court Appeals & Reinstatement
Key Takeaways
- If the Board authorizes a disciplinary hearing, the Accused should receive notice 30 calendar days prior; notice may be personally served or mailed U.S. First Class, postage prepaid, return receipt, to the last known address, and must be specific enough to defend against the complaint.
- Rule 8.3 sanctions may be imposed singly or in combination: reprimand (public letter; follow-up may be required), refusal to renew, restriction or limitation of scope, probation (stay of suspension or revocation under stipulated conditions), suspension (privilege withdrawn for a specified period), or revocation (privilege to practice as an LPC in Mississippi withdrawn).
- Rule 8.4 appeals go to circuit court in the county of residence, or Hinds County Circuit Court if the individual resides out of state, then to the Mississippi Supreme Court, then any further remedies at law.
- Rule 8.5.A and § 73-30-21(4): after revocation a person may reapply, including payment of all fees, one year (12 months) after revocation, and must meet all current licensure or LPC-S requirements; the statute allows the Board to prescribe further conditions, which may include passing the examination required by the article.
- Rule 8.6 continuances: written motion at least 10 days before the hearing unless good cause; the Executive Director may grant or deny the first request after speaking with the Board attorney and investigating board member; the Board reviews the second and later requests; no more than two continuances without good cause.
Why hearings, sanctions, and appeals are a Pass/Fail JP topic
Rule 8.2.E can end with “take no action” or an agreed order. It can also authorize a disciplinary hearing. From that fork onward the exam asks how much notice you get, who sits, what the Board may impose, where you appeal, and when a revoked counselor may even reapply. Those answers live in Rules 8.2.F–I, 8.3, 8.4, 8.5, and 8.6, with Miss. Code § 73-30-21 supplying overlapping statute text on costs, venue, and the 12-month revocation floor.
This OpenExamPrep section is independent study material for the applicant Pass/Fail JP exam. It is not a Board, CCE, NBCC, or ACA publication. Teach the Current.pdf 09/16/2025 Chapter 8 figures opened here, and confirm the live Board PDF if a later effective compilation replaces them.
Rule 8.2.F–I: the disciplinary hearing
If the Board authorizes a disciplinary hearing, the following shall occur. The Accused should receive notice thirty (30) calendar days prior to the hearing date. Notice shall be considered given if it was personally served or by mailing a copy U.S. First Class mail, postage prepaid, return receipt mail to the last known address of the Accused or the Accused’s representative. The notice shall inform the Accused of the facts which are the basis of the complaint and which are specific enough to enable the Accused to defend. The notice shall also state:
- the date, time, and location of the hearing;
- that the Accused may appear personally and may be represented by counsel; and
- that the Accused shall have the right to produce witnesses and evidence and to cross-examine adverse witnesses and evidence.
The hearing is before the Mississippi State Board of Examiners for Licensed Professional Counselors and is presided over by the Chair, senior member, or designee. Following the hearing, the Board shall in writing notify the Accused what sanction(s), if any, shall be imposed and the basis for the Board’s action. Upon complaint by any citizen or upon the Board’s own motion, the Board can compel attendance of witnesses, the production of documents, administer oaths, hear testimony, and receive evidence within its jurisdiction.
Rule 8.2.G (and § 73-30-21(3)) lets the Board assess and levy upon any Licensee, practitioner, or Applicant the costs incurred in investigation and prosecution, including process service, court reporters, expert witnesses, investigators, and attorney’s fees. A public August 27, 2025 license-search order assessed $1,838.47 under Rule 8.2.G, due at the Board office within ninety (90) calendar days of execution of that order. That dollar figure is that order’s assessment, not a published fee schedule for every case. The exam-ready rule is that costs can be levied in addition to a reprimand or other 8.3 sanction.
Rule 8.2.H: all disciplinary hearing proceedings are matters of public record and shall be preserved pursuant to state law. Rule 8.2.I: all final orders issued by the Board shall be reflected in the Board minutes. A hearing is not a private coaching session.
Rule 8.6 continuances, briefly
Hearings shall be held before the full Board at the time and place designated in the summons unless a continuance is granted for just cause by the Board. A motion for a continuance must be filed with the Board, in writing, at least ten (10) days prior to the scheduled hearing, or upon a showing of good cause, at any time prior to the hearing. The executive director may review the first request and, after speaking with the Board attorney and investigating board member, may grant or deny it. The Board must review the second and all subsequent requests. No more than two (2) continuances of the hearing will be granted without good cause. Do not treat a first continuance as a right to reset the calendar indefinitely.
Rule 8.3: six sanctions, singly or in combination
The Board may impose any of the following sanctions, singly or in combination, when it finds a Licensee guilty of any of the offenses including but not limited to those in Rule 8.1:
| Rule 8.3 letter | Sanction | Current.pdf meaning |
|---|---|---|
| A | Reprimand | A letter of official reprimand as a public rebuke and possible sanction for misconduct in the practice of counseling; the Board may require specific follow-up actions |
| B | Refusal to renew licensure | The Board will not renew |
| C | Restriction or limitation of scope of practice | Matches Rule 5.4.D Restricted Status |
| D | Probation | A stay of suspension or revocation allowing limited practice within conditions stipulated by the Board; violation of any of those conditions may result in suspension or revocation |
| E | Suspension | Withdrawal of privilege to practice for a specified period of time (Rule 5.4.G Suspended Status) |
| F | Revocation | Withdrawal of privilege to practice as a Licensed Professional Counselor in the State of Mississippi (Rule 1.4.EE / 5.4.F Revoked Status) |
A reprimand is a public letter, not a secret scolding. Follow-up actions on a reprimand are authorized; a public August 27, 2025 order combined a formal reprimand with twelve months of peer supervision, extra CEH, and Rule 8.2.G costs. Probation is not a free pass. It is a stay of a harsher sanction, with stipulated conditions, and breaking those conditions can restore suspension or revocation. Suspension has a specified period. Revocation is withdrawal of the Mississippi LPC practice privilege. Disciplinary Surrendered Status (Current.pdf Rule 1.4.GG / 5.4.H) is a Board-approved surrender while under investigation; Rule 1.4.HH / 5.4.I voluntary surrender is not available while under Board investigation. Do not mix those two surrenders.
Rule 8.4 appeal venue
Appeals from disciplinary action are to be brought in the circuit court in the county of residence of the individual. If the individual resides out of state, the appeal should be brought in Hinds County Circuit Court. An individual may appeal the circuit court’s decision to the Mississippi Supreme Court. Further appeal shall be pursuant to any remedies available at law. § 73-30-21(2) matches the residence-county / Hinds County sentence. It does not, in the 2025 Justia text opened here, repeat the Supreme Court sentence; Rule 8.4.B–C does. If a stem quotes the statute, stop at circuit court unless the stem also quotes the rule. If a stem quotes Rule 8.4, include the Supreme Court step. The first court is not always Hinds County for a Mississippi resident, not federal district court, and not CCE Academy.
§ 73-30-21(6) separately vests chancery court with power to enjoin the unlawful practice of counseling and/or false representation as a licensed counselor in a proceeding brought by the Board, any members, or any citizen. That injunction path is not the Rule 8.4 disciplinary appeal.
Rule 8.5 reinstatement — including the published one-year floor
Rule 8.5.A: any person whose license and/or LPC-S certification has been revoked due to disciplinary action may reapply for licensure/certification, including payment of all fees, one (1) year after the revocation. All current requirements for licensure/certification must be met. That one-year wait is in Current.pdf. It is also in § 73-30-21(4): no revoked license or privilege to practice may be reinstated within twelve (12) months after such revocation. Reinstatement thereafter shall be upon such conditions as the Board may prescribe, which may include, without being limited to, successful passing of the examination required by this article. Rule 5.3.D–E repeats the same one-year wait after revocation, current requirements, and application fees. Do not invent a five-year bar, and do not teach immediate next-day reapplication after revocation. The published floor is one year / twelve months. Extra conditions after that year are Board-prescribed; the statute expressly allows requiring the article’s examination again. Current.pdf Rule 8.5.A does not add a second numeric waiting period beyond that year.
Rule 8.5.B: the Board may, at its discretion, grant reinstatement of licensure following a disciplinary action due to any of the sanctions listed in Rule 8.3 other than revocation. That sentence is discretionary reinstatement after reprimand, refusal to renew, restriction, probation, or suspension. It does not create a published waiting period for those non-revocation sanctions, and it does not let someone skip the one-year revocation floor in 8.5.A.
JP scenario: the out-of-state LPC who wants to skip the year
Morgan, a Mississippi LPC now living in Memphis, receives a written Board order revoking the Mississippi license after a hearing. Morgan’s study partner says, “File in Shelby County, Tennessee tomorrow, and reapply in Jackson next week because Rule 8.5 only mentions paying fees.” Both halves fail. Rule 8.4.A and § 73-30-21(2) send the appeal to Hinds County Circuit Court because Morgan resides out of state, not to a Tennessee court and not automatically to Hinds if Morgan still lived in Rankin County, Mississippi. Rule 8.5.A lets a revoked person reapply, including payment of all fees, but only one year after the revocation, and all current requirements must be met. § 73-30-21(4) bars reinstatement of a revoked license within twelve months and lets the Board require passing the article’s examination again. Morgan may also owe Rule 8.2.G costs. If Morgan had instead received probation, that would have been a stay of suspension or revocation under stipulated conditions — not a revocation — and breaking those conditions could still produce suspension or revocation. Print Chapter 8, tab 8.3.F, 8.4, and 8.5, and count twelve months from the revocation date before treating reapplication as even available.
A Mississippi LPC who now lives in another state wants to appeal a Board disciplinary order. Where does Rule 8.4.A (and § 73-30-21(2)) send that appeal?
A Licensee’s Mississippi LPC was revoked after a disciplinary hearing. What do Current.pdf Rule 8.5.A and Miss. Code § 73-30-21(4) require before reinstatement can even be in view?
Which statement matches Rule 8.3’s probation sanction and the rule’s instruction that sanctions may be used together?