18 Miss. Code. R. 23-5.4 - Location, Time, and Manner of a Programmatic Administrative Disqualification Action
A Client has the following rights during a Programmatic Administrative Disqualification Action:
A. To waive participation in the Programmatic
Administrative Disqualification Action;
B. To review the evidence against
them;
C. To refuse to answer any
questions during the hearing;
D. To
present their own case or have someone else present their case for them, such
as a lawyer, friend, relative, or community worker;
E. To request to reschedule their hearing if
they need more time to prepare;
F.
To bring their own witnesses;
G. To
cross-examine all witnesses called by the Agency;
H. To argue their case freely;
I. To question any evidence or statements
made against them; and,
J. To
bring any evidence they may have to support their case.
A Client shall be informed of these rights via notice and during a Programmatic Administrative Disqualification Action.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
The Division of Administrative Hearings shall provide written notice of a pending
1. The date, time, and manner of the hearing;
2. The allegation(s) against the Client ;
3. A summary of the evidence, and how and where the evidence may be examined;
4. A statement informing the Client that they may waive their right to a hearing;
5. A description of the Client 's rights during the hearing, including a description of the order of proof and an explanation that the burden of proof is carried by the Agency;
6. A warning, if the Client fails to appear, that a decision shall be based solely on information provided by the Agency;
7. A description of the penalties if the Client committed an intentional program violation ; and,
8. A statement that the Programmatic Administrative Disqualification Action shall not preclude any state or the Federal government from prosecuting the Client for the same allegation(s) in a court of competent jurisdiction.