Hearing

Hearing. If requested by the Complainant in his complaint or so ordered by the Secretary of State or his designee, and the complaint has not been dismissed or informally resolved pursuant to Rule 2.5, the Secretary of State or his designee will schedule a hearing that shall proceed as follows: A. The hearing may be conducted without adherence to requirements of the Mississippi Rules of Civil Procedure or the Mississippi Rules of Evidence. B. The hearing shall be conducted no sooner than 10 days and no later than 30 days after receipt by the Secretary of State’s Office of a complaint containing a request for a hearing and shall be set by the Secretary of State or his designee. The Secretary of State or his designee shall give at least 5 days advance notice of the date, time and place of the hearing: i. By mail to the Complainant, each Respondent (to the addresses set out in the complaint and response) and any other interested person who has asked the Secretary of State in writing to be advised of the hearing; ii. On the Secretary of State’s website (www.sos.ms.gov); and iii. By posting in a prominent place, available to the general public, at the Secretary of State’s Office. C. The Secretary of State or his designee shall act as hearing officer. D. The Complainant, any Respondent or any other interested member of the public may appear at the hearing and testify under oath or present relevant evidence in connection with the complaint. The hearing officer may limit the testimony, if necessary, to ensure all interested persons are able to present their views. The hearing officer may recess the hearing and reconvene at a later date, time and place publicly announced at the hearing. In the case of consolidated complaints, the hearing officer may require the Complainants and/or Respondents to designate a single representative party to advocate for the consolidated group of Complainants and/or Respondents at the hearing. E. In the discretion of the hearing officer, the hearing may be held via conference call or video teleconferencing. In such a case, the notice shall so state and provide for technical details. F. The proceedings shall be tape recorded by and at the expense of the Secretary of State. The recording shall not be transcribed as a matter of course and any party or interested person may obtain a copy of the tape at his/her own expense. If a transcript is obtained, a copy of it shall be filed as part of the record and any interested party may examine it. G. If the Complainant fails to appear at the hearing, the complaint shall be dismissed with prejudice. H. Cross-examination at the hearing will be permitted only at the discretion of the hearing officer, but a person may testify or present evidence at the hearing to contradict any other testimony or evidence presented at the hearing. If a person has already testified or presented evidence at the hearing and wishes to contradict testimony or evidence presented subsequently, that person is entitled to be heard again only at the discretion of the hearing officer who may authorize the person to provide an oral or written response, or both. I. Any party to the proceeding may file a written brief or memorandum with the hearing officer not later than 5 business days after the hearing’s conclusion. The party shall serve a copy of any such written brief or memorandum on all other parties no later than the date the written brief or memorandum is filed with the hearing officer. No responsive or reply memorandum to such a brief or memorandum will be accepted without the specific authorization of the hearing officer.