30 Miss. Code. R. 1601-5.6 - Informal Proceedings/Informal Resolutions; Resolution by Agreed Order

A. At any time prior to an Administrative Hearing, any matter before the Commission may be resolved through informal proceedings either by stipulation, agreed settlement proposal, or agreed order of dismissal. Any agreed settlement proposal/Agreed Order must be agreed to in writing by the Respondent, upon a knowing and intentional waiver by the Respondent of his or her right to an Administrative Hearing, and subsequently must be approved by the full Commission. An agreed settlement or Agreed Order is not required, is always voluntary, and Respondent licensees retain, at all times, the right to proceed to an Administrative Hearing with full due process. This process may occur at any time prior to the Commission entering any final order with respect to the allegation of violation(s). Informal proceedings may be conducted in person via Informal Conference or by electronic, telephonic, or written communication.

B. Informal Conferences may include an informal interview or meeting between the Investigative Review Committee, Commission Administrator, and the Respondent and/or Respondent's legal representative to fully explore the issue(s) involved in the complaint and to facilitate the disposition of an allegation of violation(s).

1) Respondent shall have a right to be represented by an attorney of record, of Respondent's choice and Respondent's expense. At any time during the informal settlement conference, should Respondent choose to obtain representation by an attorney and advises Commission staff of such choice, the conference will be discontinued.

2) Exchange of information may take place during the Informal Conference. Respondents are required to answer questions truthfully concerning the allegations and/or formal complaint and cooperate fully.

3) Respondent and Commission Investigative Review Committee participation in the conference is voluntary and may be terminated by either party without prejudicing the right to proceed with a contested case to an administrative hearing with full due process.

4) If the parties to an Informal Conference are unable to reach a mutually agreeable resolution and the matter is to proceed to a formal Administrative Hearing, the parties may agree in writing by stipulation to the following:

(a) Any undisputed claims, facts, testimony, documents, or issues; and

(b) Evidence to be introduced without objection.

C. Respondent licensees will be allowed the opportunity to challenge and defend against allegations of violations contained in a Formal Complaint/Notice of Hearing at a formal Administrative Hearing with full due process, if Informal Resolution by agreement does not occur.

Notes

30 Miss. Code. R. 1601-5.6

Miss. Code Ann. § 73-35-23, § 73-35-35 (1972, as amended)

Adopted 8/15/2022