1 Miss. Code. R. 14-8.15 - Evidence

A. Hearings shall be informal and technical rules of evidence shall be relaxed;

B. All witnesses who appear and testify under oath shall be subject to cross-examination. A witness who does not appear may testify by affidavit provided the party presenting the particular witness's affidavit has complied with the requirements of Rule 8.07(D) thereby affording the opposing party an opportunity to contact said witness and obtain an affidavit on its own behalf.

C. The Hearing Officer shall have the authority to admit into the record any evidence which, in his judgment, has a reasonable degree of probative value and trustworthiness. The Hearing Officer shall have the authority to exclude evidence which is irrelevant, immaterial, lacking in probative value, untrustworthy, or unduly cumulative.

D. Documents received into evidence by the Hearing Officer shall be marked by him, or under his direction, and filed for the record of the appeal.

E. Rebuttal and surrebuttal evidence may be heard at the discretion of the Hearing Officer.

F. Arguments summarizing the evidence and the law may be heard at the discretion of the Hearing Officer.

G. Acceptance or deposit of tendered filing fees by the Division shall not be deemed an admission by the Division of the validity or invalidity of any of the claims which are the subject of the hearing, including but not limited to whether the amount of such fees was sufficient.

Notes

1 Miss. Code. R. 14-8.15

Miss. Code Ann. § 75-71-602(b) (2020).

Amended 6/3/2018 Amended 4/18/2022 Amended 1/29/2024 Amended 3/14/2024