35 Miss. Code. R. 11-29-307

Unless otherwise directed by the presiding Review Board member, a hearing in an administrative appeal covered by the Mississippi Medical Cannabis Act shall be conducted in the following order:

1. The presiding Review Board member shall call the hearing to order.

2. The presiding Review Board member shall state the style of the administrative appeal being heard, the nature of the administrative appeal, and a summary of the action from which the administrative appeal was filed.

3. The presiding Review Board member or the court reporter shall swear in all witnesses, including any party, who expects to testify at the hearing.

4. If requested by a party or upon the presiding Review Board member's own initiative, all witnesses shall be excluded from the hearing room to a location where they cannot hear the testimony of other witnesses in the hearing, except for those witnesses who are either a natural person who is a party to the administrative appeal or an officer or employee of a party which is not a natural person and who has been designated by the party's attorney to be the party's representative at the hearing.

5. Any stipulation of facts and/or documents between the parties shall be admitted into evidence.

6. Each party shall be given the opportunity to make an opening statement.

7. The Department shall present its evidence.

8. The licensee or applicant, who filed the written appeal with the Review Board initiating the administrative appeal, shall present the evidence.

9. Upon request by a party, and only on approval and subject to any restrictions of the presiding Review Board member, the parties may be allowed to present additional evidence after the close of the licensee/applicant's case.

10. Each party shall be given the opportunity to make a closing argument; and

11. Upon conclusion of all arguments and evidence, the presiding Review Board member shall bring the hearing to a close.

Notes

35 Miss. Code. R. 11-29-307

Adopted 8/11/2022 Amended 3/6/2025