HUMAN SERVICES

The Hearing Officer shall have delegated powers including, but not limited to, the following: A. To issue orders; B. To administer oaths; C. To call, hear, and examine witnesses; D. To take steps necessary to conduct an orderly hearing; E. To rule on requests and motions; F. To d…

The Hearing Officer carries the following responsibilities: A. Adhering to the timelines imposed by Agency policy and State and Federal law; B. Establishing the time, place, and nature of the hearing and providing reasonable notice of such to the parties; C. Ordering and administ…

The Hearing Officer shall conduct a hearing by doing the following: A. The Hearing Officer shall initiate a hearing and open the hearing record; B. The Hearing Officer shall introduce themselves and describe the objective and structure of the hearing, including the order of the h…

No party or other person directly or indirectly involved in an Agency proceeding shall submit, to the Hearing Officer, any evidence, argument, inquiry, or advice, whether written or oral, unless such submission is made part of the record in the presence of all parties. Ex parte c…

Any submissions to the Division of Administrative Hearings shall be sent via email to admin.hearings@mdhs.ms.gov unless otherwise directed by these rules, the Hearing Officer, or Agency policy and State and Federal law. Notes 18 Miss. Code. R. 23-3.6 Miss. Code Ann. 43-1-2(4)(b);…

A party may be represented by an attorney in any proceeding to be heard by the Division of Administrative Hearings. If a party is to be represented by an attorney, said legal counsel must file a signed entry of appearance with the Division that contains the attorney's name, Missi…

The Hearing Officer may require all parties to submit a pre-hearing statement at a time and manner established by the Hearing Officer. The pre-hearing statement may discuss, but is not limited to, the following topics: A. Issues involved in the hearing; B. Stipulated facts, toget…

The Hearing Officer shall record any agreements reached during a prehearing conference or confirm the agreements in a written order. Notes 18 Miss. Code. R. 23-4.11 Miss. Code Ann. 43-1-2(4)(b); 2 C.F.R. § 200.342; 7 C.F.R. 273.15(j); 7 C.F.R. § 273.16(f); 7 C.F.R. § 273.16(h). A…

If permissible by Agency policy and State and Federal law, informal disposition may be made of any case by waiver, withdrawal, or abandonment. Notes 18 Miss. Code. R. 23-4.12 Miss. Code Ann. 43-1-2(4)(b); 2 C.F.R. § 200.342; 7 C.F.R. 273.15(j); 7 C.F.R. § 273.16(f); 7 C.F.R. § 27…

A party requesting a ruling or order from the Hearing Officer shall submit a motion. All motions shall state the factual and legal grounds supporting the motion and the requested action. Notes 18 Miss. Code. R. 23-4.2 Miss. Code Ann. 43-1-2(4)(b); 2 C.F.R. § 200.342; 7 C.F.R. § 2…

Unless otherwise directed by the Hearing Officer or Agency policy and State and Federal law, written motions shall be submitted to the Hearing Officer at least ten (10) calendar days before a hearing. Notes 18 Miss. Code. R. 23-4.3 Miss. Code Ann. 43-1-2(4)(b); 18 Miss. Admin. Co…

A party shall submit a response objecting or responding to a motion within five (5) calendar days of receipt of a motion, or as otherwise directed by the Hearing Officer. Notes 18 Miss. Code. R. 23-4.4 Miss. Code Ann. 43-1-2(4)(b); 2 C.F.R. § 200.342; 7 C.F.R. § 273.15(e); 7 C.F.…

Rulings on motions, other than those made during a prehearing conference or a hearing, shall be in writing and submitted to all parties. Notes 18 Miss. Code. R. 23-4.5 Miss. Code Ann. 43-1-2(4)(b); 2 C.F.R. § 200.342; 7 C.F.R. § 273.15(e); 7 C.F.R. § 273.15(j); 7 C.F.R. § 273.15(…

A Hearing Officer may consolidate pending matters if they involve substantially similar factual or legal issues or all parties are the same. The Hearing Officer may consolidate or sever matters on their own action or upon granting a timely motion by a party. If different Hearing …

A Hearing Officer may continue, expedite, or reconvene a hearing. The Hearing Officer may continue, expedite, or reconvene a hearing upon their own action or upon granting a timely motion by a party. For all non-Agency parties, the Hearing Officer shall only grant one (1) motion …

The Hearing Officer shall vacate a hearing if: A. The parties agree to vacate the hearing; B. The Agency dismisses the matter; C. The non-Agency party withdraws their appeal; or, D. Pursuant to Rule 5.6 Failure to Appear at a Programmatic Administrative Disqualification Action, t…

The Hearing Officer may hold a prehearing conference at a time and manner established by the Hearing Officer. The conference may be held telephonically. The Hearing Officer may issue a prehearing order outlining the issues to be discussed. The Hearing Officer shall oversee the di…

The purpose of a Programmatic Administrative Disqualification Action shall be to provide due process to Clients whenever documented evidence exists of a suspected Intentional Program Violation. Notes 18 Miss. Code. R. 23-5.1 Miss. Code Ann. § 43-1-2(4)(b); Miss. Code. Ann. § 43-1…

The Agency shall be required to prove all allegations of suspected Intentional Program Violations by clear and convincing evidence. Notes 18 Miss. Code. R. 23-5.2 7 C.F.R. § 273.16(e)(6). Adopted 5/10/2023 Amended 10/26/2023 Amended 7/29/2024 Amended 6/9/2025

The Division of Administrative Hearings shall provide written notice of a pending Programmatic Administrative Disqualification Action to a Client at least thirty (30) calendar days prior to the hearing. The notice shall contain: A. The date, time, and manner of the hearing; B. Th…

A Client has the following rights during a Programmatic Administrative Disqualification Action: A. To waive participation in the Programmatic Administrative Disqualification Action; B. To review the evidence against them; C. To refuse to answer any questions during the hearing; D…

The hearing shall be held telephonically unless otherwise directed by the Hearing Officer. Notes 18 Miss. Code. R. 23-5.5 7 C.F.R. § 273.16(e)(4). Adopted 5/10/2023 Amended 10/26/2023 Amended 7/29/2024

If a Client fails to appear at a Programmatic Administrative Disqualification Action, the hearing shall be conducted without the Client present. The Agency shall be required to meet its burden of proof regardless of the Client's attendance. If the Client is found to have committe…

The Hearing Officer shall prepare a decision that reviews the relevant evidence and applies the controlling policy, regulations, and/or State and Federal law. The Agency must present relevant evidence and policy, regulations, and/or laws clearly and convincingly demonstrating tha…

The Hearing Officer shall prepare a decision that reviews the relevant evidence and applies the controlling policy, regulations, and/or State and Federal law. The Agency must present relevant evidence and policy, regulations, and/or laws clearly and convincingly demonstrating tha…

The purpose of a Programmatic Administrative Agency Appeal shall be to provide an opportunity for a formal review when an Appellant disagrees with an adverse action taken by the Agency. A Programmatic Administrative Agency Appeal shall provide an Appellant the opportunity to test…

Appellants shall have the right to appeal adverse actions taken by the Agency which affects the participation in or administration of the relevant Agency program. Notes 18 Miss. Code. R. 23-6.2 18 Miss. Admin. Code Pt. 13, Ch. 13; 18 Miss. Admin. Code Pt. 19, R. k; 7 C.F.R. § 273…

An Appellant shall bear the burden of proof of establishing, by a preponderance of the evidence, that an adverse action was improper. Notes 18 Miss. Code. R. 23-6.3 18 Miss. Admin. Code Pt. 13, Ch. 13; 18 Miss. Admin. Code Pt. 19, R. k; 7 C.F.R. § 273.15(q). Adopted 5/10/2023 Ame…

An Appellant who wishes to appeal an adverse action shall submit a request to the Division of Administrative Hearings for a Programmatic Administrative Agency Appeal within ninety (90) calendar days following the date of an adverse action. The request shall be made via the Divisi…

The Division of Administrative Hearings shall provide written notice to the Appellant at least ten (10) calendar days in advance of the date of the Administrative Agency Appeal. The notice shall contain the date, time, and location of the Administrative Agency Appeal and the Appe…

An Administrative Agency Appeal shall be held telephonically unless otherwise directed by the Hearing Officer. Notes 18 Miss. Code. R. 23-6.6 18 Miss. Admin. Code Pt. 13, Ch. 13; 7 C.F.R. 273.15(l). Adopted 5/10/2023 Amended 10/26/2023 Amended 7/29/2024 Amended 6/9/2025

An Appellant has the following rights and responsibilities during a Programmatic Administrative Agency Appeal: 1. An Appellant may present testimony, evidence, and argument regarding the adverse action subject to appeal; 2. An Appellant may present and question witnesses and cros…

If an Appellant fails to appear at an Administrative Agency Appeal, the appeal shall be considered abandoned. If an Appellant abandons their appeal, said Appellant, upon a showing of good cause, may move for a continuance or resetting within ten (10) calendar days of their failur…

Unless the Programmatic Administrative Agency Appeal is abandoned or withdrawn, the Hearing Officer shall prepare a decision that reviews the relevant evidence and applies the controlling policy, regulations and/or State and Federal law. An Appellant shall present relevant eviden…

The purpose of a Programmatic Quality Control Review Administrative Agency Appeal shall be to provide an opportunity for a formal review when a Subgrantee and/or provider disagrees with an adverse action taken by the Agency. A Programmatic Quality Control Review Administrative Ag…

The Subgrant Administrative Hearing Officer may prepare a decision that reviews the relevant evidence and applies the controlling policy, regulations and/or laws. The decision shall include grants and/or denials for each issue raised on appeal, the reasoning for said action(s), a…

If a Subgrantee is dissatisfied with a Subgrant Administrative Hearing decision, the Subgrantee may request a review of the decision by submitting a written request for a Subgrant Administrative Hearing Review. Notes 18 Miss. Code. R. 23-7.11 Miss. Code Ann. 43-1-2(4)(b); 2 C.F.R…

A Subgrant Administrative Hearing Review shall be the final level of review within a Subgrant Administrative Agency Appeal. A Subgrant Administrative Hearing Review shall be a review of a Subgrant Administrative Hearing decision and case record by a Subgrant Administrative Hearin…

A Subgrantee has fourteen (14) calendar days from the date of a Subgrant Administrative Hearing decision to submit a written request for a Subgrant Administrative Hearing Review. Failure to submit a timely written request for a Subgrant Administrative Hearing Review shall be cons…

A Subgrantee's written request for a Subgrant Administrative Hearing Review shall include the following: 1. The name of the Subgrantee; 2. The adverse action the Subgrantee seeks to dispute; and 3. A signature from a representative of the Subgrantee. Written requests for a Subgra…

Subgrantees shall be prohibited from submitting additional evidence beyond the evidence included in a Subgrantee's Organized Response. A Subgrant Administrative Hearing Review shall be a review of Subgrant Administrative Hearing decision and corresponding case record. A Subgrant …

When a Subgrantee makes a timely request for a Subgrant Administrative Hearing Review, the Director of the Division of Administrative Hearings shall, within ten (10) calendar days of receipt, send a notice acknowledging receipt and setting the date and time by which a Subgrant Ad…

The Subgrant Administrative Hearing Review Officer shall draft a final decision that reviews the Subgrant Administrative Hearing decision and corresponding case record and applies the controlling policy, regulations and/or laws. The final decision shall either adopt, modify, or o…

Appellants shall have the right to appeal adverse actions taken by the Agency which affects the participation in or administration of the relevant Agency program. Notes 18 Miss. Code. R. 23-7.2 18 Miss. Admin. Code Pt. 13, Ch. 13; 18 Miss. Admin. Code Pt. 19, R. k. Adopted 5/10/2…

An Appellant shall bear the burden of proof of establishing, by a preponderance of the evidence, that an adverse action was improper. Notes 18 Miss. Code. R. 23-7.3 18 Miss. Admin. Code Pt. 13, Ch. 13; 18 Miss. Admin. Code Pt. 19, R. k. Adopted 5/10/2023 Amended 10/26/2023 Amende…

An Appellant who wishes to appeal an adverse action shall submit a request to the Division of Administrative Hearings for a Programmatic Quality Control Administrative Agency Appeal within thirty (30) calendar days following the date of an adverse action. Appeal request shall be …

The Division of Administrative Hearings shall provide written notice to the Appellant at least ten (10) calendar days in advance of the date of the Administrative Agency Appeal. The notice shall contain the date, time, and location of the Administrative Agency Appeal and the Appe…