30 Miss. Code. R. 2302-1.10 - INFORMAL SETTLEMENT, PRE-HEARING STIPULATIONS, CONSENT ORDERS

1. All disciplinary proceedings initiated by the Board shall be brought to a final resolution through one of three means:

A. disciplinary hearings before the full Board,

B. acceptance by the Board of a mutually agreeable Consent Order in lieu of hearing, or

C. dismissal of the case.

2. As to disciplinary proceedings duly noticed and docketed for hearing, counsel for Respondent and Prosecutorial Counsel may agree, or the Board's President may require, that an Informal Settlement Conference be held for the purpose of possible resolution, simplifying the issues for hearing or promoting stipulations as to facts and proposed evidentiary offerings which will not be disputed at hearing.

3. The Informal Settlement Conference shall be conducted by Respondent and/or his counsel and the Board's Prosecutorial Counsel. Other parties who may attend include the investigating officer, investigating Board member, Board's Executive Director, or any other party who may contribute to the conference. Other than the designated investigative Board member, Board members shall not participate in the Informal Settlement Conference.

4. Discovery or exchange of information may be accomplished during the Informal Settlement Conference.

5. The Informal Settlement Conference may result in:

A. Dismissal of the case,

B. Return of the case for further investigation,

C. Preparation of a proposed Consent Order as a resolution of the matter, or

D. Proceed with the scheduled hearing.

6. Any action which the Board may take following a full disciplinary hearing may be taken in lieu thereof by Consent Order, duly executed by the Respondent. Because of the lengthy dockets before the Board, Informal Settlement Conferences must be held in sufficient time to allow consummation of negotiations of a Consent Order at least five (5) working days prior to the scheduled hearing date. After the terms of a Consent Order have been prepared, the Board's President shall have the authority to accept, reject or modify the terms of a Consent Order. The Board's President, in his discretion, may delegate the aforementioned authority to another member of the Board. When a mutually acceptable Consent Order has been accepted by the Board's President or other Board member, it shall be binding on the Board, but not effective until full Board approval. Notwithstanding, it is still the responsibility of the Respondent to personally appear before the Board on the scheduled hearing date to answer any questions which the Board may have prior to full Board approval.

7. If the parties to the Informal Settlement Conference are unable to reach a mutually agreeable Consent Order and the matter is to proceed to a full Board hearing, the parties shall agree in writing by stipulation, to the following:

A. any undisputed claims, facts, testimony, documents or issues,

B. evidence to be introduced without objection, and

C. an estimate of the time required for the hearing.

Notes

30 Miss. Code. R. 2302-1.10

Miss. Code Ann. § 73-9-19.