4 Miss. Code. R. 1-2.5 - Hearings

The State Auditor may invite interested persons to present their views orally at an informal hearing or participate in any procedure enabling those views to be adequately expressed. An oral proceeding will be conducted in the event that it is requested in writing by a political subdivision, state agency, or ten (10) interested persons. The State Auditor shall send a notice which fixes a time and place for such a hearing to each party requesting an opportunity to be heard or who submitted written comments. Further, the State Auditor shall send a notice to all persons who have made timely request of the Office of the State Auditor for advance notice of its rule action proceedings.

For purposes of law, hearings related to rule action proceedings are to be regarded as informal. Statutory provisions governing formal hearings and adjudicatory proceedings, therefore, do not apply. Any hearing held to solicit feedback regarding a given rule is a non-adversarial fact-finding proceeding. Any rule action taken under this procedure need not be based exclusively on the record of such hearings.

In the event that a hearing is conducted, the State Auditor may designate a representative to conduct a hearing.

(a) The presiding official shall determine all procedural questions, except for those specifically governed by this legislation. This includes the maximum number of speakers which can be accommodated in a single session and imposing any necessary and reasonable time and presentation limitations.

(b) Anyone requesting an opportunity to be heard may attend a hearing, with or without legal counsel. A hearing participant may submit written comments. They may bring experts with them. The length of any presentations, remarks, or questions by these persons will also be determined by OSA's presiding official.

(c) The obtaining and use of experts or other authorities or resource persons is the responsibility of the parties attending the meeting. Any person acting in this capacity may be questioned by the presiding official.

(d) Any interested party in attendance at a public hearing shall have the opportunity to make an oral presentation.

(e) The presiding official has the authority to exclude data or materials deemed to be improper or irrelevant. However, formal rules of evidence and other related judicial rules will not apply.

(f) The minutes, along with any other pertinent record of the hearing, will be kept in the official rules file.

Notes

4 Miss. Code. R. 1-2.5

Miss. Code Ann. § 25-43-3.104.