30 Miss. Code. R. 1001-8.9 - Conduct of Disciplinary Hearing

A. The Board, through its counsel, and the respondent each shall be permitted to make an opening statement and closing statement.

The Board, through its counsel, shall present its evidence first, followed by the respondent. Rebuttal witnesses may be called if necessary. Each witness called may be subject to direct examination, cross-examination, re-direct examination, and re-cross examination, if necessary and in that order. Each witness may be subject to additional examination by individual members of the Board.

B. At the conclusion of hearing, the Board shall vote to enter Executive Session during which the Board shall make its findings of fact and conclusions at law as to each charge alleged in the Complaint. The presiding officer may make recommendations to the Board as to the adjudication upon the Complaint and appropriate sanction to impose upon the respondent. The decision of the Board to suspend or revoke the license of the Registered Forester or to deny the issuance of a license or to cease and desist by a non-licensed individual shall be based on substantial evidence.

C. Upon a finding by the Board that the respondent has violated a provision of law and/or rule, the Board may censure; reprimand; admonish; require the completion of a course in ethics and/or additional education as determined by the Board; assess a civil penalty, inclusive of, but not limited to, the cost incurred by the Board in completing its investigation and in the conduct of the disciplinary hearing; suspend the respondent's license; revoke the respondent's license to practice as a forester; or such other discipline as the Board deems appropriate in the circumstances.

D. Following its discussion and decision during Executive Session, the Board shall vote to return to the hearing upon the record and may announce its findings of fact, conclusions at law and order. The Board's Order shall be reduced to writing not more than sixty (60) days following the date of the hearing and the respondent shall be forwarded a copy of the same by first class and certified mail, return receipt requested. If the respondent is represented by counsel, a copy of the order shall likewise be provided to counsel via first class mail.

Notes

30 Miss. Code. R. 1001-8.9

Miss. Code Ann. § 73-36-19(1)(b)

Adopted 7/20/2023