Rule 30-3002-6.5 - Hearing ProceduresA. All hearings shall be conducted by the Board, which shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of its proceedings.B. The hearing shall be held at the time and place as specified in the Notice of Hearing and Complaint unless continued for good cause.C. All hearings are open to the public, subject to the Board entering executive session, which shall be closed to the public.D. The Board President, Vice-President or senior member of the Board will preside over the hearing.E. The Board may be assisted by a hearing officer who shall advise the Board on matters of law and procedure and rule on all objections and motions. The hearing officer's rulings on matters of law and procedure are advisory.F. Any Board members that participated in the IRC for the matter before the Board will recuse themselves and not participate in the hearing.G. All hearings shall be recorded and the Board, or court reporter, shall administer oaths as may be necessary for the proper conduct of the hearing.H. The Respondent may retain legal counsel or may represent themselves.I. Upon direction from the Presiding Officer, the Board counsel shall present evidence and call witnesses to support the charges filed in the Notice of Hearing and Complaint.J. The Respondent or Respondent's counsel may present evidence or call witnesses to answer the charges filed in the Notice of Hearing and Complaint.K. The Board shall not hear evidence nor make findings on any violations that were not part of the Notice of Hearing and Complaint.L. All witnesses at the hearing shall be subject to direct examination, cross examination and questions by the Board. Re-direct and re-cross examinations shall be at the discretion of the Board.M. The Board should adjudicate each charge and make findings of fact on each charge as presented in the Notice of Hearing and Complaint. Any determination by the Board shall be based upon sufficient evidence to sustain it.N. The Board shall, within thirty (30) days after the conclusion of the hearing, reduce its decision to writing and forward an attested true copy to the last-known residence or business address of the licensee or permit holder by way of United States first-class, certified mail, postage prepaid. Notice of the Order of the Board occurs on the date the Order of the Board is mailed via certified mail to, or personally served upon, the Respondent.30 Miss. Code. R. 3002-6.5
Miss. Code Ann. §§ 73-21-99; 73-21-81