23 Miss. Code. R. 300-3.4 - Hearing Procedure

A. The administrative hearing shall be conducted in an informal manner but consistent with courtroom practices and procedures.

B. Location of Hearing.

1. The administrative hearing will be held at the Division of Medicaid's central office, unless otherwise designated.

2. Hearings may be held telephonically upon agreement of the parties and if approved by the Hearing Officer.

C. Provider's Rights. The provider may, at the provider's discretion:

1. Be assisted and represented by counsel,

2. Examine any evidence or witnesses presented at the administrative hearing, and

3. Present evidence and witnesses.

D. Witnesses and Evidence.

1. All witnesses shall be sworn in prior to testifying. False statements under oath are subject to applicable state and federal laws regarding perjury.

2. Any presentations made or evidence presented at the administrative hearing pursuant to these rules and procedures are subject to the judgment of the hearing officer, including but not limited to rulings about the pertinence, relevance, or redundancy of evidence.

E. Hearing Record. The Division of Medicaid will provide a court reporter and/or a tape recorder to make an accurate record of the administrative hearing procedures.

Notes

23 Miss. Code. R. 300-3.4

42 C.F.R. Part 455 Subpart E; Miss. Code. Ann. § 43-13-121

Adopted 3/1/2023