28 Miss. Code. R. 301-13.18 - Authority of Chairman of the Board as Hearing Officer

The Chairman of the Board, as hearing officer, in the conduct of the hearing, has the power, among others, to:

A. hold informal conferences to settle, simplify, or fix the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding either by consent of the parties or upon such officer's own motion;

B. require parties to state their positions with respect to the various issues in the proceeding;

C. require parties to produce for examination those relevant witnesses and documents under their control;

D. rule on motions, and other procedural items on matters pending before such officer;

E. regulate the course of the hearing and conduct of participants therein;

F. receive, rule on, exclude, or limit evidence and limit lines of questioning or testimony which are irrelevant, immaterial, or unduly repetitious;

G. fix time limits for submission of written documents in matters before such officer;

H. impose appropriate sanctions against any party or person failing to obey an order under these procedures, which sanctions may include:

I. refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence;

J. excluding all testimony of an unresponsive or evasive witness;

K. expelling any party or person from further participation in the hearing; and

L. take official notice of any material fact not appearing in evidence in the record, if such fact is among the traditional matters of judicial notice.

Notes

28 Miss. Code. R. 301-13.18

Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Amended 12/3/2020