31 Miss. Code. R. 9-1.12 - Hearing and Adjudication

1. Reasonable Notice - All parties shall be afforded opportunity for hearing after reasonable notice. Absent a statutory provision to the contrary, reasonable notice shall be defined as ten (10) days' notice.

2. Evidence May Be Presented - Opportunity shall be afforded all parties to respond and present evidence and argument on all issues raised by the licensing agency.

3. The Unit is authorized to hold hearings, call witnesses, take testimony and obtain evidence in the conduct of its business.

4. Stipulation; Settlement; Consent or Default Not Prohibited- Nothing in these rules shall prohibit informal disposition by stipulation, settlement, consent order or default.

5. Record - The record shall include:

a. All intermediate rulings;

b. All evidence received or considered;

c. Offers of proof, objections and rulings;

d. Proposed findings and exceptions;

e. All staff memoranda or data submitted to the hearing officer in connection with any staff consideration of the matter.

6. Findings of Fact - Findings of fact shall be based exclusively on the evidence received or on matters officially noticed by the Executive Director of Public Safety Planning, or their designee, through his personal knowledge, review of the evidence and expertise.

7. Court Reporter - The Department will not provide a court reporter for the transcription of the testimony offered during hearings; however, any party to the hearing may provide for a court reporter.

8. Hearings - A hearing by the appellate panel must be requested within 10 days after the licensee/applicant receives written notice of the final administrative action by the appellate panel.

9. Right to Counsel - Any person appearing before the appellate panel or any of its representatives shall have the right to be represented by counsel.

10. Impartiality - Every member of the appellate panel present shall conduct themselves in an impartial manner and the presiding official may withdraw if he/she deems themselves disqualified. Any party may file an affidavit of personal bias or disqualification which shall be ruled upon by the appellate panel.

11. Power and Duties of Hearing Officer - The Executive Director may designate a person to act as the hearing officer during a matter. The Hearing Officer shall have power to:

a. Maintain order;

b. Rule on all questions arising during the course of the hearing;

c. Permit discovery by deposition or otherwise;

d. Hold conferences for the settlement or simplification of the issues;

e. Make or recommend decisions; and

f. Generally, regulate and guide the course of the proceedings.

12. Burden of Proof - the proponent of a rule or order shall have the burden of proof.

13. Evidence - Irrelevant, immaterial, and unduly repetitious evidence shall be excluded. Any other evidence, oral or documentary, not privileged, may be received if it is a type commonly relied upon by reasonably prudent men in the conduct of their affairs.

14. Objections - Objections to the introductions of evidence may be made and shall be noted of record.

15. Evidence May Be Written - When a hearing can be so expedited, and the interests of the parties will not be prejudiced, any part of the evidence may be received in written form.

16. Cross-Examination - Parties shall have the right to conduct such cross-examination as may be required for a full, true disclosure of the facts.

17. Official Notice - Official notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts peculiarly within the Department's specialized knowledge. Parties shall be notified of material so noticed including any staff memoranda or data. Parties shall be afforded a reasonable opportunity to show the contrary.

18. Final Decision - In every case of adjudication there shall be a final decision, or order, which shall be in writing or stated in the record. The final decision shall include findings of fact and conclusions of law each separately stated. The findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying evidence supporting the findings. If any party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding.

19. Service of Decision or Order - Parties shall be served either personally or by mail with a copy of any decision or order.

Notes

31 Miss. Code. R. 9-1.12

Miss. Code Ann. §§ 43-21-901 to 43-21-915 (Rev. 2016).

Adopted 12/28/2019