31 Miss. Code. R. 401-8.8 - Removal Proceedings:
All County Medical Examiner ("CME") and County Medical Examiner Investigator ("CMEI") removal proceedings will be conducted by the State Medical Examiner's Office pursuant toMiss. Code Ann. § 41-61-57.
1.
Hearing Officer: The
Hearing Officer shall be the State Medical Examiner or designee. The Hearing
Officer shall preside at the hearing, shall be charged with maintaining order
at the hearing, and shall rule on all questions of evidence and procedure.
2.
Notice of Hearing:
The Hearing Officer shall send a notice of hearing to any CME or CMEI who is
subject to removal for inefficiency or other good cause pursuant to Miss Code
Ann. §
41-61-57.
The notice of hearing shall contain a narrative statement of the conduct which
will be subject to review at the hearing. The notice shall be sent to the CME
or CMEI by certified mail return receipt requested and provide at least fifteen
(15) working days' notice of the hearing date.
3.
Appearance: The CME or CMEI
shall appear at the date and time set for the hearing. The CME or CMEI may send
a written statement of waiver if he or she intends to waive the hearing. Any
CME or CMEI who fails to appear at the hearing will be deemed to have waived
his or her right to a hearing. Such waiver will establish an admission of all
misconduct as presented in the narrative statement and will result in the
issuance of a final order by the Hearing Officer.
4.
Legal Representation: The CME
or the CMEI may be represented by counsel at the hearing. Counsel at the
hearing may confer with his or her client, but may not ask questions or
cross-examine witnesses.
5.
Rules of Evidence and Discovery: Formal rules of evidence and
procedure, including discovery, do not apply in removal hearings. The Hearing
Officer shall be the sole determiner regarding admissibility of evidence at the
hearing.
6.
Attendance of
Witnesses: The CME or CMEI must notify the Hearing Officer at least
three (3) working days prior to the hearing and any witnesses that intend to
testify on their behalf at the hearing. Failure to provide such notification
will result in the hearing going forward without the requested witnesses. The
CME or CMEI will be responsible for sending such notification to the Hearing
Officer and responsible for making sure any witnesses are present at the
hearing. Failure of a witness to show for the hearing shall not be cause for a
continuance.
7.
Order of
Proceedings: The Hearing Officer shall present his case first, followed
by the CME or CMEI. The Hearing Officer then will have the opportunity present
any rebuttal evidence.
8.
Burden of Proof: If the Hearing Officer finds substantial evidence
proving inefficiency or good cause on the part of the CME or CMEI, the Hearing
Officer may order removal of the CME or CMEI from office. Here substantial
evidence means more than a scintilla, but less than a preponderance.
9.
Recommendation and Final
Order: At the conclusion of the hearing, or within a reasonable time
thereafter, the State Medical Examiner shall submit his Final Order to the CME
or CMEI outlining the proof presented and stating whether a basis for removal
of the CME or CMEI prior to the expiration of the term exists. The final order
will become effective immediately upon delivery to the CME or CMEI.
Notes
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