39 MAC Pt. 101, Ch. 13, R. 9.1
The Executive Committee shall conduct hearings in accordance with these rules
Cite as 39 Miss. Admin. Code Pt. 101, Ch. 13, R. 9.1
The Executive Committee shall conduct hearings in accordance with these rules
and Title 77, Chapter 13 of the Mississippi Code. The following shall apply to
hearings conducted by the Executive Committee:
(1)
The Respondent and Complainant shall receive notice at least thirty (30)
days prior to the hearing. The notice shall specify the docket or identifying
number of the proceeding and a brief description of the nature of the
proceedings and shall, in addition, contain:
(a)
A statement of the date, time and place of the public hearing
proposed; and/or
(b)
A statement of the date by which evidence, objections, protests or
comments must be filed in order to be considered by the Executive
Committee.
(2)
All hearings conducted by the Executive Committee shall be open to the
public.
(3)
The Executive Committee at hearings is not bound by the Mississippi Rules
of Evidence. No informality in any proceeding or in the manner of taking
testimony invalidates any order made, approved or confirmed by the
Executive Committee. The Executive Committee, with or without
objection, may exclude evidence that is irrelevant, unduly repetitious,
inadmissible on constitutional or statutory grounds, or inadmissible on the
basis of any evidentiary privilege provided by statute or recognized in the
courts of Mississippi, and may order the presentation of such evidence to
stop. All other evidence may be admitted if it is a type generally relied upon
by prudent persons in the conduct of their affairs.
(4)
The Executive Committee may permit photostatic, photographic or other
copies of documents, or any part or parts thereof, to be introduced in
evidence upon a satisfactory showing of their correctness or upon showing
that it would be impractical or inconvenient to introduce the originals.
(5)
Grounds for objection to the admission or exclusion of evidence must be
stated briefly at the time the evidence is offered.
(6)
All testimony presented in formal hearings will be given under oath. Before
testifying each witness must swear or affirm that the testimony the witness
will give before the Executive Committee is the truth, the whole truth, and
nothing but the truth.
(7)
After Respondent’s failure to appear at the time and place set for hearing,
the Executive Committee may order any relief against the Respondent
authorized by law.
(8)
The Executive Committee may designate one of its members or attorneys,
including any special assistant attorney general or state agency attorney
assigned to the Board, to act as a hearing examiner regarding any and all
matters to be considered at a hearing. Such officer may exercise all
authority held by the Executive Committee in conducting the hearing. In
such cases, the hearing examiner shall, within thirty (30) days of the
hearing, provide written findings and recommendations to the Executive
Committee with respect to the matters considered at the hearing. The
Executive Committee may adopt, reject, or modify the findings and
recommendations of the hearing examiner when preparing its final order.