30 Miss. Code. R. 2825-1.8 - Formal Hearing

A. Formal Hearings are conducted pursuant to Miss. Code Ann. Section 73-15-31 before a Board Hearing Panel that consists of three (3) Board members, an alternate Board member, and a representative of the Mississippi Attorney General's Office who serves as the Hearing Officer for each hearing. All testimony and other proceedings shall be recorded by a certified court reporter who shall be retained by the Board.

B. At a Formal Hearing, Complaint Counsel and Respondent and/or Respondent's counsel 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 and disposition of the matter.

C. The Board Hearing Panel is not bound by strict rules of evidence, but all determinations made by the Board Hearing Panel must be based upon clear and convincing evidence. The representative of the Mississippi Attorney General's Office, in his or her capacity as Hearing Officer of the Board Hearing Panel, shall rule on all evidentiary issues.

D. All hearings are open to the public pursuant to the Mississippi Open Meetings Law, Miss. Code Ann. Section § 25-41-1, et seq. In all disciplinary hearings before the Board Hearing Panel, the record of the case shall include:

1) The Formal Complaint and Notice of Hearing;

2) All pleadings, motions, and rulings issued;

3) Evidence received or considered at the hearing;

4) Offers of proof, objections, and rulings thereon; and

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

E. Formal 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. The Hearing Officer shall have the authority to preside over the hearing, and direct post-hearing matters in accordance with the requirements of the case in a manner that ensures due process.

H. The Board Hearing Panel shall render its Order, setting forth Findings of Fact and Conclusions of Law. Although the Board Hearing Panel's decision may be announced immediately following deliberations, the Board shall be provided adequate time for preparation of the written order, but no later than forty-five (45) days after the formal hearing. 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.

1) The decision of the Board Hearing Panel revoking, suspending, or otherwise disciplining Respondent's license shall become reportable immediately after the Executive Director signs the Final Order.

2) The decision of the Board Hearing Panel revoking, suspending, or otherwise disciplining Respondent's license shall become final thirty (30) days after the Executive Director signs the Final Order of the Board Panel unless within said period the Respondent appeals the decision to the Full Membership of the Board as provided by Rule 1.10.

3) Appeals do not stay the discipline ordered by the Board of Nursing.

I. In compliance with Mississippi Public Records Act of 1983, all action by the Board Hearing Panel is public. In compliance with 45 CFR Part 60, and the Social Security Act Section 1128E and Section 1921, all disciplinary action by the Board Hearing Panel is reportable.

Notes

30 Miss. Code. R. 2825-1.8

Miss. Code Ann. § 73-15-17 (1972, as amended).

Adopted 9/22/2019 Amended 7/11/2024 Amended 3/17/2025