30 Miss. Code. R. 3002-6.5 - Hearing Procedures
A. All hearings
shall be conducted by the Board, which shall not be bound by strict rules of
procedure or by the laws of evidence in the conduct of its
proceedings.
B. The hearing shall
be held at the time and place as specified in the Notice of Hearing and
Complaint unless continued for good cause.
C. All hearings are open to the public,
subject to the Board entering executive session, which shall be closed to the
public.
D. The Board President,
Vice-President or senior member of the Board will preside over the
hearing.
E. The Board may be
assisted by a hearing officer who shall advise the Board on matters of law and
procedure and rule on all objections and motions. The hearing officer's rulings
on matters of law and procedure are advisory.
F. Any Board members that participated in the
IRC for the matter before the Board will recuse themselves and not participate
in the hearing.
G. All hearings
shall be recorded and the Board, or court reporter, shall administer oaths as
may be necessary for the proper conduct of the hearing.
H. The Respondent may retain legal counsel or
may represent themselves.
I. Upon
direction from the Presiding Officer, the Board counsel shall present evidence
and call witnesses to support the charges filed in the Notice of Hearing and
Complaint.
J. The Respondent or
Respondent's counsel may present evidence or call witnesses to answer the
charges filed in the Notice of Hearing and Complaint.
K. The Board shall not hear evidence nor make
findings on any violations that were not part of the Notice of Hearing and
Complaint.
L. All witnesses at the
hearing shall be subject to direct examination, cross examination and questions
by the Board. Re-direct and re-cross examinations shall be at the discretion of
the Board.
M. The Board should
adjudicate each charge and make findings of fact on each charge as presented in
the Notice of Hearing and Complaint. Any determination by the Board shall be
based upon sufficient evidence to sustain it.
N. The Board shall, within thirty (30) days
after the conclusion of the hearing, reduce its decision to writing and forward
an attested true copy to the last-known residence or business address of the
licensee or permit holder by way of United States first-class, certified mail,
postage prepaid. Notice of the Order of the Board occurs on the date the Order
of the Board is mailed via certified mail to, or personally served upon, the
Respondent.
Notes
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