Miss. Code. tit. 30, pt. 1001, ch. 13 - Procedure for Handling Hearings

1. The Board Meeting will be called to order by the Chairman.

2. The Chairman will request that the Respondent be called and that a copy of the letter of notification containing charges be distributed to Board Members present.

3. The Respondent will be informed that the hearing is being recorded and then will be asked to state name, address and registration number.

4. If the Respondent is represented by Counsel, his name and address is entered into the record at this time.

5. The Chairman will ask that the charges be read and entered into the record.

6. All evidence presented throughout the hearing will be reviewed by the Board and entered into the record.

7. Before going into the merits of the cause, evidence should be placed into the record showing Respondent was properly notified of the charges.

8. The Respondent is than asked to respond to the charges.

9. Board Witness(s):

The Board Counsel or Board may have witnesses called for the Board and Board Counsel or the Board shall conduct the direct examination of the witness.

a. At the conclusion of the Board's examination, the Respondent or Respondent Counsel may cross-examine the witness.

b. At the conclusion of the witness' testimony, the witness will be excused but subject to recall by the Board, the witness may not leave the building. If the witnesses are not subject to recall, they may leave.

10. Respondent Witness (s):

a. The Respondent may call his witness(s) after the Board has rested its case. The Respondent or his Counsel will conduct the direct examination.

b. Where Board Counsel is present, the Board Members may question the witness(s) at the conclusion of direct examination by the Board Counsel.

c. The witness will be excused as in 9b above.

11. The Board may then call rebuttal witnesses following the procedure outlines in 9 above.

12. The Respondent and/or his Counsel may make closing arguments if desired.

13. After all response has been presented by both sides, the Respondent and his representatives are dismissed and the Board goes into Executive Session to consider all evidence presented and make a final decision or ruling.

14. The Board should, first make the finding of fact upon each charge. They should determine, based upon evidence submitted, whether or not they find the Respondent did or did not commit each act as charged.

15. The Chairman of the Board may make recommendations to the Board as to what penalty, if any, should be adjudged in the case.

16. The Board should then determine what disciplinary actions should be taken in the matter.

17. Following the Executive Session, the Respondent may or may not be informed of the Board's decision however, the action is always reduced to writing in the form of a Board Action and a certified true copy forwarded to the Respondent. Notification should include the findings of fact in addition to the penalty adjudged by the Board.

Notes

Miss. Code. tit. 30, pt. 1001, ch. 13