19 Miss. Code. R. 7-12.07 - Hearing Procedures

A. Hearings - In every case where the investigation by the State Fire Marshal's Office has determined that there was a violation of the two (2) National Fire Protection Association Standards, NFPA 54 and 58; the State's liquefied compressed gas laws as set forth under Miss. Code Ann. §§ 75-57-1 through 75-57-119; and any rules and regulations adopted by the Board, notice and hearing shall be held prior to any administrative action being taken.

B. Right To Counsel - Any person appearing before the Board shall have the right to be represented by counsel.

C. Impartiality - Every member of the Board present shall conduct himself in an impartial manner and the presiding official may withdraw if he deems himself disqualified. Any party may file an affidavit of personal bias or disqualification which shall be ruled upon by the Commissioner and granted if it is timely, sufficient and filed in good faith.

D. Power and Duties of Presiding Official - The presiding officer of the hearing shall be the Chairman of the Board, under the advice of the Board Attorney, and shall have power to:

1. Maintain order;

2. Rule on all questions arising during the course of the hearing;

3. Permit discovery by deposition or otherwise;

4. Hold conferences for the settlement or simplification of the issues;

5. Make or recommend decisions;

6. Generally regulate and guide the course of the proceedings.

E. Burden Of Proof - In administrative hearings before the Board, the Attorney for the L.C. Gas Division shall have the burden of proof.

F. Evidence - The Rules of Evidence shall not apply in an administrative matter; however, irrelevant, immaterial, and unduly repetitious evidence shall be excluded. Any other evidence, oral or documentary, not privileged, may be received if it is a type commonly relied upon by reasonably prudent men in the conduct of their affairs.

G. Objections - Objections to the introductions of evidence may be made and shall be noted of record.

H. Evidence May Be Written - When a hearing can be so expedited and the interests of the parties will not be prejudiced any part of the evidence may be received in written form.

I. Cross-Examination - Parties shall have the right to conduct such cross-examination as may be required for a full, true disclosure of the facts.

J. Official Notice - Official notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts peculiarly within the Board's specialized knowledge. Parties shall be afforded a reasonable opportunity to show the contrary.

K. Disciplinary Actions - After notice and hearing, the Board may take disciplinary actions and impose penalties in the manner as provided in Miss. Code Ann. §§ 75-57-107 and 75-57-109.

Notes

19 Miss. Code. R. 7-12.07

Miss. Code Ann. § 75-57-101, et seq. (Rev. 2016)

Adopted 11/2/2018