Mississippi Administrative Code

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

If the CMR accepts the recommendation of the hearing officer the findings of facts and conclusions of law submitted by the hearing officer shall be adopted as the findings of the CMR. Notes 22 Miss. Code. R. 20-19-102 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

A respondent adversely affected by a final decision of the CMR may file an appeal with the Chancery Court of Harrison County, Second Judicial District. Notes 22 Miss. Code. R. 20-20-100 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

No petitions for reconsideration under Part 15 are available from CMR decisions following hearings before a hearing officer. Notes 22 Miss. Code. R. 20-20-101 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The appeal shall be filed within thirty (30) days after notification of the decision of the Commission is served or mailed to the party seeking judicial review. Notes 22 Miss. Code. R. 20-20-102 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

The appeal shall be perfected by upon filing notice of the appeal and by the prepayment of all estimated costs, including the cost of preparation of the record of the proceedings before the commission, and the filing of a bond in the sum of Five Hundred Dollars ($500.00), conditi…

The scope of the review by the chancery court shall be limited to a review of the record made before the commission to determine if the action of the commission is unlawful for the reason that it was: 104.01 Not supported by substantial evidence; 104.02 Arbitrary or capricious; o…

Any violation of the rules and regulations of the CMR or violations of Mississippi Code Sections 49-15-1 through 49-15-321, 49-27-1 through 49-27-71, 59-21-111, or other statutes within the jurisdiction of the CMR may result in the imposition of administrative penalties not to ex…

Violations of rules and regulations of the CMR may also constitute a misdemeanor punishable by fine and or imprisonment in the county jail as provided for in Mississippi Code Section 49-15-63(1) (a). Notes 22 Miss. Code. R. 20-21-101 Amended 11/17/2018 Amended 4/19/2019 Amended 1…

The CMR/DMR is prohibited from pursuing a violator for administrative penalties and a misdemeanor conviction for the same offense. If a respondent has committed multiple offenses the CMR/DMR may pursue separate violations in different forums. Notes 22 Miss. Code. R. 20-21-102 Ame…

Forfeiture of nets, equipment and paraphernalia used in committing a violation may be commenced in addition to seeking administrative penalties. Notes 22 Miss. Code. R. 20-21-103 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020