21 Miss. Code. R. 301-12.1 - Rules

These rules shall govern hearings before the Board on the adequacy of a plan of coverage or any other issue.

A. The Board, in its discretion, may hold a hearing upon its own motion or upon the timely written request for a hearing by a state agency, political subdivision, or any other interested person.

B. The Board may hold, a hearing at any state of its deliberations, including:

1. As part of the initial consideration by the Board of a plan or other issue.

2. After such initial consideration, to receive supplemental information to aid the Board in making a determination.

3. After an adverse decision by the Board, to permit the aggrieved political subdivision or other interested person to submit additional information for use by the Board in reconsidering the adverse decision. Any such request for this type of hearing shall be made within twenty days after the adverse decision by the Board.

C. The Board shall fix the time and place of such hearing and shall notify all parties thereto.

D. The technical rules of evidence shall not be strictly followed. Any relevant evidence may be admitted, but the Chairman may limit or exclude testimony or documents that are redundant or irrelevant. All objections must be timely made or shall be waived.

E. The Board anticipates that in most hearings the party involved shall be a state agency, political subdivision, or an entity, such as a liability pool, representing one or more political subdivisions. The Board recognizes, however, that other persons may from time to time request to appear at the hearings in opposition to the request of a political subdivision. The Board, in its discretion, may allow such a person to participate in the hearing, if the Board determines that the person has a substantial interest in the matter before the Board and that the person's participation would aid the Board in making a decision.

F. All witnesses shall testify under oath.

G. The hearing shall be recorded by a court reporter or other means capable of producing a record that may be used in any judicial appeal of a Board decision.

H. To expedite a hearing, the Chairman may:

1. Require each party to submit to the Board and to exchange with all other parties to the hearing, at least seven days prior to the hearing, a list of all witnesses the party plans to call at the hearing, a brief summary of each witness' expected testimony, and a copy of each document the party plans to introduce.

2. Place time limits on the length of the hearing and vary the amount of time provided in Sections 111 and 115 of this chapter for opening or closing statements.

I. Any party may be represented by counsel.

J. The Chairman shall conduct a fair, impartial, and orderly hearing. After opening the hearing, the Chairman shall:

1. State the matter to be considered.

2. Request all persons present at the hearing (other than Board members and staff), to identify themselves and their interest in the matter under consideration in the hearing.

3. Inform each party that any request that a Board member recuse himself or herself must be made at this point in the hearing or shall be waived.

4. Inform each party that any objection to the manner in which the hearing shall be recorded or to the person recording the hearing must be made at this point in the hearing or shall be waived.

5. If parties with adverse interest are present, inquire as to whether the parties wish to invoke the rule of sequestration.

6. Summarize the procedures to be followed in the hearing.

K. After the announcements by the Chairman, the Board may request the staff to state briefly its recommendation as to the action the Board should take.

L. Then the state agency, political subdivision, or other interested person requesting approval of a plan, reconsideration of a Board decision, or other action may make a brief opening statement not to exceed ten minutes. In addition, any interested person permitted to appear in opposition to the request may make a brief opening statement not to exceed ten minutes.

M. Following the opening statements, the state agency, political subdivision, or other interested person requesting an action by the Board may present evidence through direct testimony of witnesses and introduction of documents. Any interested person permitted to appear in opposition to the request may cross-examine such witnesses. The Chairman may allow redirect examination if he determines that such would be helpful to the Board Members of the Board may question witnesses at any time.

N. Any interested person permitted to appear in opposition to the request may present witnesses and introduce documents in the same procedure set forth in Section 112 of this chapter.

O. At the conclusion of the testimony and introduction of documents, the state agency, political subdivision, or other interested person requesting the action may make a brief closing statement not to exceed fifteen minutes. In addition, any interested person permitted to appear in opposition to the request may make a brief closing statement not to exceed twenty minutes. If an interested person appearing in opposition to the request makes a closing statement, the state agency, political subdivision, or other interested person requesting the action may offer a rebuttal not to exceed five minutes.

P. The Board may issue its decision after the closing statements or take the matter under advisement until a subsequent Board meeting. The Board shall spread its decision upon the minutes and shall notify the parties in writing of the decision.

Q. Notwithstanding any provision contained herein to the contrary, the Board, in its discretion, may appoint a hearing officer to preside at any hearing in the place and stead of the Chairman. In addition, the Board, in its discretion, may authorize the hearing officer to conduct any hearing without the Board being present and to submit to the Board findings of fact, conclusions of law, and recommendations. If the Board should appoint a hearing officer, then in that event every reference to "Chairman" in Chapter 12 Hearings shall refer instead to the hearing officer, and, pursuant to Section 110 of this chapter, each party shall have the opportunity to object to the hearing officer.

Notes

21 Miss. Code. R. 301-12.1

Miss. Code Ann. §§ 11-46-18; 11-46-19; 11-46-20