21 MAC Pt. 201, R. 4.2
; Appointment and Authority of Hearing Officer
Cite as 21 Miss. Admin. Code Pt. 201, R. 4.2
; Appointment and Authority of Hearing Officer. The Commission hereby appoints the
Executive Director or his designee chosen from a list preapproved by the Commission as hearing
officer for all open meetings disputes within the Commission’s jurisdiction pursuant to Title 25,
Chapter 41 of the Mississippi Code of 1972.
The hearing officer has and shall exercise the power to regulate all proceedings in every hearing
before him and to do all acts and take all measures necessary or proper for the efficient
performance of his duties under these regulations. The hearing officer may require production,
through order or subpoena, of evidence upon all matters embraced in the open meetings dispute,
including the production of all books, papers, vouchers, documents, and writings applicable
thereto. The hearing officer shall have the power to administer oaths, examine witnesses in open
meetings cases pending before the Commission, examine and report upon all matters referred to
him. The hearing officer shall have the power to enter protective orders.
The hearing officer shall have the power to direct the issuance of subpoenas for witnesses to
attend before him or her to testify in the cause. If any witness shall fail to appear, the hearing
officer shall proceed by process to compel the witness to attend and give evidence. The hearing
officer may direct the parties to participate in a conference or conferences prior to the hearing on
the merits, for such purposes as expediting the disposition of the action and facilitating resolution
of the case.
The hearing officer may issue rulings on scheduling matters, protective orders, admissibility of
evidence, and other procedural or pre-hearing matters. The hearing officer may alter any of the
time periods provided by these regulations, upon his own initiative or upon a motion by a party
or other person affected for good cause shown.