30 Miss. Code. R. 3002-3.9 - [Effective until 11/3/2024] Settlement Negotiations and Agreed Orders

When the Respondent has been duly served with a Notice of Hearing and Complaint, the Respondent and/or Respondent's counsel may request Settlement negotiations for the purpose of possible resolution of the matter or for purpose of simplifying the issues for hearing or promoting stipulations as to facts and proposed evidentiary offerings which will not be disputed at hearing.

A. The Respondent and/or his counsel and Board Counsel shall participate in the settlement negotiations. Board members who served on the Investigations Review Committee (IRC) for the matter and compliance agents who investigated the matter shall be consulted during the settlement negotiations. Other Board members may not participate nor have knowledge or input into any of the settlement negotiations.

B. Informal Discovery or exchange of information may be accomplished during the settlement negotiations.

C. Settlement Conferences shall not be held on the day of the scheduled hearing.

D. The settlement negotiations may result in:

a. Preparation of a proposed Agreed Order as a resolution of the matter; or

b. Proceeding with the scheduled hearing.

E. Any action which the Board may take following a full disciplinary hearing may be taken by Agreed Order.

F. The proposed Agreed Order shall be presented to the Board at the scheduled Hearing date and time. The terms of the Agreed Order are not effective until approved by the Board.

G. The Respondent has the obligation to personally appear before the Board on the scheduled hearing date to answer any questions which the Board may have prior to approving the proposed Agreed Order.

H. Failure of the Board to approve the proposed Agreed Order shall result in a formal disciplinary hearing before the Board on a rescheduled hearing date.

Notes

30 Miss. Code. R. 3002-3.9

Miss. Code Ann. § 73-21-81.

Adopted 3/1/2017 Amended 8/8/2021