Current through December 10, 2024
Section 2-1-4-09-117.02 - Conduct of the Administrative Hearinga. Any person who receives an administrative complaint may request an administrative hearing within 30 days from the date of receipt of the notice, except for a stop-sale order which must be appealed within 20 days of issuance per law. The Commissioner or his/her designee shall conduct a hearing after giving written notice of the date, time and place of such hearing to the respondent not less than fourteen (14) days prior to the commencing of the hearing. Failure to request a hearing within the allotted time period shall constitute a waiver of the right to a hearing.b. The Commissioner may conduct the hearing or he/she may designate a Hearing Officer.c. The respondent may represent himself/herself in person or be represented by a dually authorized representative.d. The Department shall cause the hearing to be recorded by a court reporter. Any party may, at its own expense, request the court reporter to prepare a transcript of the hearing.e. Formal rules of evidence and procedure will not apply to these proceedings but the Hearing Officer may use them as a guide in the proceedings.f. The Department will present its case first and then the respondent may present its case. The Department will be allowed to present rebuttal evidence.g. At the conclusion of the hearing, the Hearing Officer shall prepare a written final opinion incorporating his/her findings of facts and conclusions of law. This will be the final order of the Department.h. The decision of the Department may be appealed to the Circuit Court of the First Judicial District of Hinds County. The appealing party shall be responsible for the costs of preparing the record on appeal, including the transcript.2 Miss. Code. R. 1-4-09-117.02