Conduct Of Hearings

Conduct Of Hearings. In addition to the procedures prescribed by statute, the following procedures will apply when appropriate: (a) The respondent will be allowed to present and argue any legal objections to the complaint set forth in the answer; the Executive Director may thereupon present its answering argument; and thereafter the respondent may present rebuttal argument. The matter will then be submitted to the hearing examiner for decision. The hearing examiner may rule upon such objections immediately or take the matter under advisement and proceed with the hearing. (b) The Executive Director will present his opening statement on the merits. The respondent will then be permitted to make an opening statement of the defense, or he may reserve the same until commencement of the presentation of the defense. (c) The Executive Director will then present its case in chief in support of the complaint. (d) Upon conclusion of the Executive Director's case in chief, the respondent may move for dismissal of the complaint. The hearing examiner may hear arguments on the motion, or may grant, deny, or reserve decision thereon, with or without argument. (e) If no motion to dismiss is made, or if such motion is denied or decision reserved thereon, the respondent shall thereupon present the case for the defense. (f) Upon conclusion of the respondent's case, the Executive Director may present its case in rebuttal. (g) Upon conclusion of the Executive Director's case in rebuttal, the Executive Director shall present its closing argument, the respondent may present answering argument, and thereafter the Executive Director may present rebuttal argument. Thereupon the matter will stand submitted for decision. (h) The hearing examiner may ask questions of witnesses, and may request or allow additional evidence at any time, including additional rebuttal evidence. (i) The burden of proof is at all times on the licensee, applicant or aggrieved party to show compliance with the Gaming Control Act and Mississippi Gaming Commission Regulations. (j) Hearing Examiners shall be chosen as follows; either from the Attorney General's Office, a contracted private party or an individual whose expertise is relevant to properly interpret and enforce the Gaming Control Act and Mississippi Gaming Commission Regulations. Hearings may be conducted by telephone if the parties agree. (Adopted: 09/25/1991; Amended: 03/29/1993.)