MISSISSIPPI DEPARTMENT OF MARINE RESOURCES

The hearing officer assigned to hear the merits of the case, shall thereafter enter a proposed agreed order in accordance with the terms of the settlement agreement. Proposed agreed orders are subject to approval of the CMR. Notes 22 Miss. Code. R. 20-13-102 Amended 11/17/2018 Am…

The provisions of this section provide the exclusive right to, and method of, discovery as to any proceeding governed by these hearing procedures. However, nothing in this section prohibits the parties from voluntarily stipulating to provide discovery deemed appropriate. This sec…

Unless otherwise stipulated to by the parties, a party may request: 101.01 The names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing; and 101.02 The opportunity to inspect and …

Information subject to disclosure includes the following information from inspection or investigative reports prepared by, or on behalf of, any party that pertain to the subject matter of the proceeding 102.01 names and addresses of witnesses or of persons (other than confidentia…

The hearing officer shall set the time for the exchanging of the names and addresses of witnesses and the inspecting and copying of relevant things, documents, statements, and other writings identified in section 101.02 above. Unless other arrangements are made, the party request…

All requests under 101 above are continuing, and the party receiving the request shall be under a continuing duty to provide the requesting party with the information requested. Notes 22 Miss. Code. R. 20-14-104 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

Absent a stipulation between the parties, a party claiming that certain writings or things are privileged against disclosure shall, within five (5) days of receipt of the request for inspection and copying, serve on the requesting party a written statement setting forth what matt…

Any party claiming that its request for discovery pursuant to this section has not been complied with or that the opposing party has failed to comply with a stipulated agreement to provide discovery may serve and file with the hearing officer a motion to compel the party who has …

The motion shall be filed within five (5) days after the date the requested information was to be made available for inspection and copying or the date of notification of the refusal to comply with the discovery request. Notes 22 Miss. Code. R. 20-14-107 Amended 11/17/2018 Amende…

The hearing on the motion to compel discovery shall be held within ten (10) days after the motion is filed, or a later time that the hearing officer may on his or her own motion for good cause determine. The party who has refused or failed to provide discovery shall have the righ…

Unless otherwise stipulated by the parties, the hearing officer shall no later than five (5) days after the hearing make its order denying or granting the motion. The order shall be in writing setting forth the matters the moving party is entitled to discover. The hearing officer…

If after receipt of an order directing compliance with the provisions of these rules regarding discovery, a party fails, without good cause, to comply with the order, the hearing officer may draw adverse inferences against that party and may prevent that party from introducing an…

Subpoenas and subpoenas duces tecum may be issued for attendance at a hearing and for production of documents at any reasonable time and place or at a hearing. Notes 22 Miss. Code. R. 20-14-111 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

At the request of a party, subpoenas and subpoenas duces tecum shall be issued by hearing officer acting for the CMR. Notes 22 Miss. Code. R. 20-14-112 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The custodian of documents that are the subject of a subpoena duces tecum may satisfy the subpoena by delivery of the documents or a copy of the documents, or by making the documents available for inspection or copying. Notes 22 Miss. Code. R. 20-14-113 Amended 11/17/2018 Amended…

The process extends to all parts of the state and shall be served by the sheriff in the county where they are to be executed Notes 22 Miss. Code. R. 20-14-114 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

Upon timely motion of a party or witness, or upon his or her own motion, after notice to the parties and an opportunity to be heard and upon a showing of good cause, the hearing officer may order the quashing of a subpoena or subpoena duces tecum entirely, may modify it, or may d…

In the case of the production of a party to the record of a proceeding or of a person for whose benefit a proceeding is prosecuted or defended, the service of a subpoena on the witness is not required if written notice requesting the witness to attend, with the time and place of …

A witness other than an employee of the state or a political subdivision thereof appearing pursuant to a subpoena or a subpoena duces tecum, other than a party, shall receive the same mileage, and appearance fees allowed by law; such fees are to be paid by the party at whose requ…

If any person in proceedings before the hearing officer or CMR disobeys or resists any lawful order or refuses to respond to a subpoena, subpoena duces tecum, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct …

If after service of a Notice of Hearing a party fails to appear at a hearing either in person or by representative, the hearing officer may issue a default. Notes 22 Miss. Code. R. 20-16-100 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The hearing shall be presided over by a hearing officer who shall conduct a fair and impartial hearing in which each party has a reasonable opportunity to be heard and to present evidence. Notes 22 Miss. Code. R. 20-16-101 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020…

The hearing shall be conducted in the English language. Notes 22 Miss. Code. R. 20-16-102 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

Subject to reasonable limitations that may be imposed by the hearing officer, each party to the proceeding shall have the right to: 103.01 Call and examine witnesses; 103.02 Introduce exhibits; 103.03 Question opposing witnesses on any matter relevant to the issues even though th…

The complainant shall have the initial burden of presenting evidence in support of issuance of the complaint, the requested penalty, and any other material that is pertinent to the issues to be determined by the hearing officer. Notes 22 Miss. Code. R. 20-16-104 Amended 11/17/201…

At the conclusion of complainant's case-in-chief, the respondent has the burden of presenting any defense to the allegations set forth in the complaint and any response or evidence with respect to the appropriate relief The respondent has the right to examine, respond to, or rebu…

At the close of respondent's presentation of evidence, the parties respectively have the right to introduce rebuttal evidence that is necessary to resolve disputed issues of material fact, subject to any limits imposed by the hearing officer. Notes 22 Miss. Code. R. 20-16-106 Ame…

The hearing officer may: 107.01 Limit the number of witnesses and the scope and extent of any direct examination, cross-examination, or rebuttal testimony, as necessary, to protect the interests of justice and conduct a reasonably expeditious hearing; 107.02 Require the authentic…

The taking of evidence in a hearing shall be controlled by the hearing officer in the manner best suited to ascertain the facts and safeguard the rights of the parties. Notes 22 Miss. Code. R. 20-16-108 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

Each matter in controversy shall be decided by the hearing officer upon a preponderance of the evidence. Notes 22 Miss. Code. R. 20-16-109 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

Hearings shall be recorded electronically and shall be the official recording of the hearing. Notes 22 Miss. Code. R. 20-16-110 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

A verbatim transcript of the official recording will not normally be prepared but may be ordered by the hearing officer if deemed necessary to permit a full and fair review and resolution of the case. If not so ordered by the hearing officer, a party may, at its own expense, requ…

The official recording of the hearing and transcript of the recording, together with all written submissions made by the parties, shall become part of the administrative record for the proceeding. Notes 22 Miss. Code. R. 20-16-112 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21…

Testimony shall be taken only under oath or affirmation. Notes 22 Miss. Code. R. 20-16-113 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The hearing need not be conducted according to technical rules relating to evidence and witnesses. The hearing officer shall admit evidence which is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the exist…

In reaching a decision, official notice may be taken, either before or after submission of the proceeding for decision, of any generally accepted technical or scientific matter within the CMR/DMR's area of expertise. Notes 22 Miss. Code. R. 20-16-115 Amended 11/17/2018 Amended 4/…

Upon motion of a party, the hearing officer may exclude from the hearing room any witnesses not at the time under examination; but the parties or their representatives to the proceeding shall not be excluded. Notes 22 Miss. Code. R. 20-16-116 Amended 11/17/2018 Amended 4/19/2019 …

Upon motion, the hearing officer may find a party to be in default upon failure to file a timely response to the complaint; to appear at a scheduled conference or hearing; or to comply with an order of the hearing officer. Notes 22 Miss. Code. R. 20-17-100 Amended 11/17/2018 Amen…

For purposes of a pending complaint action, a default by respondent shall constitute an admission of all facts alleged in the complaint and a waiver of respondent's right to a hearing of the allegations. Notes 22 Miss. Code. R. 20-17-101 Amended 11/17/2018 Amended 4/19/2019 Amend…

A default by complainant shall constitute a waiver of complainant's right to proceed on the merits of the action and shall result in the dismissal of the complaint with prejudice. Notes 22 Miss. Code. R. 20-17-102 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

No finding of default shall be made against the respondent unless the complainant presents sufficient evidence to establish prima facie showing that the CMR//DMR had jurisdiction over the matters at issue and that the complaint was properly served. Notes 22 Miss. Code. R. 20-17-1…

Any proceeding may be reinstated by the hearing officer upon a showing of good cause that contains sufficient facts to show or establish a reasonable basis for the failure to appear at the hearing. The request for reinstatement shall be made by the defaulting party within ten (10…

Within a reasonable period of time after the hearing, the hearing officer shall make findings upon all facts relevant to the issues for hearing. The hearing officer shall include a recommendation to the CMR on the final disposition of the complaint and a recommendation on the fin…

The order or decision shall be in writing, signed and dated by the hearing officer deciding the proceeding. Notes 22 Miss. Code. R. 20-17-106 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

In determining penalties, the hearing officer and CMR shall consider all relevant circumstances, including, but not limited to: 100.01 The extent of harm caused by the violation; 100.02 The nature and persistence of the violation; 100.03 The length of time over which the violatio…

At a regular monthly meeting of the CMR occurring more than fourteen (14) days after the submission of the findings and recommendation of the hearing officer, the CMR shall make a final determination of the alleged violation. Notes 22 Miss. Code. R. 20-19-100 Amended 11/17/2018 A…

The CMR may adopt the recommendation of the hearing officer or make such further disposition as it deems appropriate. Notes 22 Miss. Code. R. 20-19-101 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020