30 Miss. Code. R. 1601-5.8 - Administrative Hearings

A. Formal Administrative Hearings are conducted pursuant to Miss. Code Ann. § 73-35-23 which provides that hearings may be conducted before the Commission or an Administrative Hearing Officer. When hearings are conducted before the Commission, one Commissioner present at the hearing shall serve as the Hearing Officer for the hearing.

B. All testimony and other proceedings shall be recorded by a certified court reporter who shall be retained by the Commission. Costs incurred for the certified court reporter may be taxed to the Respondent as part of the costs of the proceedings in the final Order of the Commission as allowed or provided by statute or these Administrative Rules. No costs shall be taxed to a prevailing Respondent.

C. At an Administrative Hearing, Complaint Counsel and Respondent shall have opportunity to present evidence on all issues of fact and argument on all issues of law, to call, examine, and cross-examine witnesses, and to offer and introduce documentary evidence and exhibits as may be required for full and true disclosure of the facts of the matter.

D. The Commission Hearing Panel or Administrative Hearing Officer is not bound by strict rules of evidence, but all determinations of violations made by the Commission Hearing Panel or Administrative Hearing Officer must be based upon the preponderance of evidence standard of proof. The designated Hearing Officer shall rule on all evidentiary issues.

E. All hearings are open to the public pursuant to the Mississippi Open Meetings Law, Miss. Code Ann. §§ 25-41-1, et.seq.

F. In all disciplinary/administrative hearings before the Commission or Administrative Hearing Officer, the record of the case will include:

1) The Formal Complaint and Notice of Hearing;

2) All pleadings and rulings issued;

3) Evidence received or considered at the hearing;

4) Certified transcript of the proceedings taken by a certified court reporter; and

5) The Commission's Order or other disposition made by the Commission.

G. Formal Hearings before the Commission or Administrative Hearing Officer shall be conducted in the following order:

1) Opening statements

2) Complaint Counsel's case in chief

3) Respondent's case in chief

4) Complaint Counsel's rebuttal

5) Closing statements, if requested

H. Questioning of witnesses shall be conducted in the following order:

1) Direct examination

2) Cross examination

3) Redirect examination

I. The Hearing Officer will have the authority to preside over the hearing in accordance with the requirements of the case in a manner that ensures due process.

J. The Commission Hearing Panel or Administrative Hearing Officer shall render a decision, setting forth Findings of Fact and Conclusions of Law and final Order. Although the Commission Hearing Panel or Administrative Hearing Officer's decision may be announced immediately following deliberations, adequate time shall be allowed for preparation of the written Order. A copy of such order shall be sent to Respondent via certified mail at his or her last known address or served personally upon Respondent. A copy shall be sent to Respondent, Respondent's counsel of record and Responsible Broker for Respondent using email addresses on file.

Notes

30 Miss. Code. R. 1601-5.8

Miss. Code Ann. § 73-35-23, § 73-35-25, § 73-35-35 (1972, as amended).

Adopted 8/15/2022