30 Miss. Code. R. 2645-1.11 - Formal Hearing

A. At a disciplinary hearing, opportunity shall be given to complaint counsel and respondent to present evidence on all issues of fact and argument on all issues of law and policy involved, 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 and disposition of the matter.

B. All testimony and other proceedings shall be recorded by a certified stenographer who shall be retained by the Board.

C. During the disciplinary hearing, the Board's President, acting as the presiding officer, or his or her designee, shall rule on all evidentiary questions, but in his or her discretion may consult with the entire panel in executive session. At such hearing, the Board may be assisted by the Mississippi Attorney General, or his or her designee, who shall not have been involved in any way with the case otherwise. The Board's presiding officer may delegate ruling on procedural and evidentiary issues to the Attorney General or his or her designee.

D. In all disciplinary hearings before the Board, the record of the case shall include:

1. The summons and affidavit issued.

2. The Respondent's answer to the summons and affidavit.

3. All pleadings, motions, and rulings issued.

4. Evidence received or considered at the hearing.

5. Offers of proof, objections, and rulings thereon.

6. The Board's order or other disposition made by the Board.

E. Disciplinary hearings before the Board 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.

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

1. Direct examination.

2. Cross-examination.

3. Redirect examination.

G. Upon conclusion of the hearing, the Board shall conduct its deliberations in Executive Session, outside the presence of the parties. The Board shall then render its Determination and Order, setting forth Findings of Fact, Conclusions of Law and Order. Although the Board's decision may be announced immediately following deliberations, the Board shall be provided adequate time for preparation of the written determination and order. A copy of such determination and order shall be sent by certified mail, or served personally upon the respondent. The decision of the Board revoking, suspending or otherwise disciplining respondent shall become final thirty (30) days after so mailed or served unless within said period the respondent appeals the decision to the Chancery Court, as provided by law.

Notes

30 Miss. Code. R. 2645-1.11

Miss. Code Ann. § 73-43-11 (1972, as amended).

Amended 7/7/2017