30 Miss. Code. R. 3201-7.5 - Disciplinary Hearings

A. Continuances: It must be recognized that the Board consists of seven (7) practicing psychologists representing various regions of the State. Unlike the judiciary, the 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 the Board. Attorneys representing psychologists should take this fact into consideration. A scheduled hearing may be continued if the respondent shows substantial legitimate grounds for continuing the hearing. A grant of continuance shall be based on a balance of the right of respondent to a reasonable opportunity to prepare and present a defense and the Board's responsibility to protect the public health, safety and welfare.

B. Where the counsel for respondent has a scheduling conflict on the initial hearing date continuances shall be liberally granted.

C. Conduct of Hearing:

1. Hearing Examiner. The Board may, at its discretion, appoint some person to act as hearing officer at disciplinary hearings. In the event a hearing officer is appointed, such officer shall preside at the hearing and shall rule on all questions of evidence and procedure in accordance with the provisions of these rules.

2. Plea. The accused shall either admit or deny the charges set forth in the complaint.

3. Opening Statement. Each side shall be permitted to make a short opening statement.

4. Form of Hearing. The Board shall present its evidence, followed by the accused, followed by such rebuttal as may be necessary and proper. Each witness called may be examined in the following manner:

a. Direct examination

b. Cross examination

c. Re-direct examination

d. Re-cross examination

5. Closing Statement. Each side shall be permitted to make a short closing statement summarizing the evidence presented and urging the application of relevant Law to the evidence presented.

6. Evidence. The Mississippi Rules of Evidence shall be used as a general guide for the presentation of evidence, however any evidence which reasonably appears to be relevant to the issues of the case may be allowed notwithstanding its inadmissibility under said Rules, unless the evidence offered is clearly of a privileged nature.

7. Procedure. The Mississippi Rules of Civil Procedure shall be used as a general guide for the conduct of the proceedings, however formal adherence to said Rules shall not be mandated except as may be reasonably required to promote the ends of justice.

Notes

30 Miss. Code. R. 3201-7.5

Miss. Code Ann. § 73-31-7