1 MAC Pt. 15, R. 4.11
Evidence
Cite as 1 Miss. Admin. Code Pt. 15, R. 4.11
Evidence.
(A)
Hearings shall be informal and technical rules of evidence shall
be relaxed;
(B)
All witnesses who appear and testify under oath shall be subject to cross
examination. A witness who does not appear may testify by affidavit
provided the Party presenting the particular witness' affidavit has complied
with the requirements of Rule 4.05 thereby affording any other Party an
opportunity to contact said witness and obtain an affidavit on its own
behalf;
(C)
The Hearing Officer shall have the authority to admit into the record any
evidence which, in his or her judgment, has a reasonable degree of
probative value and trustworthiness. The Hearing Officer shall have the
authority to exclude evidence which is irrelevant, immaterial, lacking in
probative value, untrustworthy or unduly cumulative;
(D)
Documents received into evidence by the Hearing Officer shall be marked
by him or her, or under his or her direction, and filed for the record of the
appeal;
(E) Rebuttal and surrebuttal evidence may be heard at the discretion of the
Hearing Officer;
(F)
Arguments summarizing the evidence and the law may be heard at
the discretion of the Hearing Officer.