30 Miss. Code. R. 2302-1.9 - CONTINUANCES

1. Hearings shall be held before the full Board at the time and place designated in the Notice of Hearing unless a continuance is granted for just cause by the Board. A motion for a continuance must be filed with the Board at least fifteen (15) days prior to the scheduled hearing, or upon a showing of good cause, at any time prior to the hearing.

2. It must be recognized that the Board consists of seven (7) practicing dentists representing various regions of the State and one (1) licensed dental hygienist appointed by the Governor. Unlike the judiciary, Board members are not in the business of conducting hearings; therefore, hearings will be held only during regularly scheduled meetings or other dates established by order of the Board. Attorneys representing dentists should take this fact into consideration. A scheduled hearing may be continued if the Respondent shows substantial, legitimate grounds for continuing the hearing, based on the balance of:

A. The right of Respondent to a reasonable opportunity to prepare and present a defense, and

B. The Board's responsibility to protect the public health, safety and welfare.

3. Where the counsel for Respondent has a scheduling conflict on the initial hearing date, continuances will be liberally granted. However, Respondent's Counsel must submit written proof of the scheduling conflict. Thereafter, no further continuances will be granted based solely on scheduling conflicts.

4. So that counsel for the Respondent and Prosecutorial Counsel shall be able to adequately prepare for hearing, any motion for a continuance filed within the time limitations specified at Subsection 1 above will be immediately considered by the Board's President, who shall have the authority to grant or deny said motion. If granted, the order will be presented to the Board at the scheduled hearing date at which time the order will be formally entered and the rescheduled hearing date set.

5. It is the responsibility of the Respondent to make a prompt decision as to whether to appear before the Board pro se (without counsel) or retain counsel for this purpose. Unless due to extraordinary circumstances, the Board will not consider as a valid ground for continuance, the Respondent's last minute decision to retain counsel.

Notes

30 Miss. Code. R. 2302-1.9

Miss. Code Ann. § 73-9-19.