21 Miss. Code. R. 201-6.10 - Conduct of Hearings

Pursuant to Section 25-4-107, Miss. Code of 1972, hearings shall be conducted according to the Mississippi Rules of Civil Procedure and the Mississippi Rules of Evidence. The Mississippi Rules of Civil Procedure applicable to these hearings are Rules 42, 43, 50, 52 and 53. Other Mississippi Rules of Civil Procedure do not apply to these hearings.

The following procedures will apply when appropriate:

A. The respondent will be allowed to present and argue any legal objections to the complaint set forth in the answer; the commission staff may thereupon present its answering argument; and thereafter the respondent may present rebuttal argument. The matter will then be submitted to the hearing officer for decision. The hearing officer may rule upon such objections immediately or take the matter under advisement and proceed with the hearing.

B. The commission staff will present its opening statement on the merits. The respondent will then be permitted to make an opening statement of the defense, or he may reserve the same until commencement of the presentation of the defense.

C. The commission staff will then present its case in chief in support of the complaint.

D. Upon conclusion of the commission staffs case in chief, the respondent may move for dismissal of the complaint. The hearing officer may hear arguments on the motion, or may grant, deny, or reserve decision thereon, with or without argument.

E. If no motion to dismiss is made, or if such motion is denied or decision reserved thereon, the respondent shall thereupon present the case for the defense.

F. Upon conclusion of the respondent's case, the commission staff may present its case in rebuttal.

G. Upon conclusion of the commission staff's case in rebuttal, the commission staff shall present its closing argument, the respondent may present answering argument, and thereafter the commission staff may present rebuttal argument. Thereupon the matter will stand submitted for decision.

H. The hearing officer may ask questions of witnesses, and may request or allow additional evidence at any time, including additional rebuttal evidence.

Notes

21 Miss. Code. R. 201-6.10

Sections 25-4-15, 25-4-17 and 25-4-107, Miss. Code of 1972.