27 Miss. Code. R. 120-9.14 - [Effective 7/1/2025] WITHDRAWALS, SETTLEMENTS, AND DISMISSALS

A. An appeal may be withdrawn by the appellant at any time prior to the issuance of a decision of the presiding hearing officer before whom the matter is pending. A request for withdrawal of an appeal shall be stated in the record of the proceeding, or shall be submitted in writing to the Administrative Office. Such a withdrawal shall have the same effect as a dismissal of the appeal. The hearing officer may issue an Order of Dismissal after receipt of the request for withdrawal.

B. In cases where there has been no action of record during the preceding six months, the Administrative Office shall mail notice to the parties or attorneys of record that such case will be dismissed by the presiding hearing officer for want of prosecution unless within thirty days following said mailing, action of record is taken or an application in writing is made to the presiding hearing officer and good cause shown why it should be continued as a pending case. If action of record is not taken or good cause is not shown, the presiding hearing officer may dismiss the case for want of prosecution.

C. Parties are not authorized to use settlement agreements to circumvent statutory requirements or the MSPB's polices in the Handbook, the Policy and Procedures Manual, or the Variable Compensation and Special Compensation Plan. Prior to finalizing the terms of any settlement agreement or the issuance of an Order of Dismissal due to settlement which involves reinstating an employee, promoting an employee, changing an employee's job title/position, affects compensation rules, or any other term which is impacted by the classification, compensation, or recruitment rules, parties must receive approval of those terms from the State Personnel Director to ensure compliance with statutory and policy requirements.

D. When cases are settled prior to the issuance of a Final Order, the parties shall provide confirmation to the EAB from the Office of Classification, Compensation, and Recruitment via the completed settlement agreement approval form that the terms of the settlement agreement are in compliance with statutory and policy requirements. After the completed settlement agreement approval form is received, the hearing officer will issue an Order of Dismissal due to settlement.

E. All Agreed Orders of Dismissal due to a settlement submitted to the presiding hearing officer must include a provision that the settlement agreement terms are in compliance with Section 9.14(C).

Notes

27 Miss. Code. R. 120-9.14

Adopted 1/5/2020 Amended 7/3/2023 Amended 7/12/2024 Amended 7/1/2025