Rule 30-901-18.9 - Disciplinary Hearings1. Conduct of Hearing a. Hearing Examiner - The Board may, in its discretion, appoint some person to act as hearing officer at disciplinary hearings. In the event a hearing officer is appointed, such officer shall preside at the hearing and shall rule on all questions of evidence and procedure in accordance with the provisions of these rules. b. Plea - The accused shall either admit or deny the charges set forth in the complaint.c. Opening Statement - Each side shall be permitted to make a short opening statement.d. Form of Hearing - The Board shall present its evidence, followed by the accused, followed by such rebuttal as may be necessary and proper. Each witness called may be examined in the following manner: Direct examination Cross examination Re-direct examination Re-cross examination
e.Closing Statement - Each side shall be permitted to make a short closing statement summarizing the evidence presented and urging the application of relevant Law to the evidence presented.f. Proposed Order - The Board may request one or both parties to submit within seven days for the Board's consideration a proposed order of the Board including findings of fact and conclusions of Law, a copy of which the submitting party shall mail to the other party. Underlying facts of record which support the findings should be cited. If the submitting party desires a written transcript of the hearing for the purpose of preparing such proposed order, that party must request same and pre-pay the cost of postage and the reasonable cost of transcription. In such event, the Board may request the proposed order to be submitted within ten days of the mailing of the transcript.g. Order - The Board shall issue an order not more than ninety days after the close of the hearing, which shall include findings of fact and conclusions of Law, stated separately. The accused shall be forwarded a copy of the order by certified or licensed mail, return receipt requested, and a copy shall be forwarded by first class mail to each attorney of record.h. Evidence - The Mississippi Rules of Evidence shall be used as a general guide for the presentation of evidence, however any evidence which reasonably appears to be relevant to the issues of the case may be allowed notwithstanding its inadmissibility under said Rules, unless the evidence offered is clearly of a privileged nature.i. Procedure - The Mississippi Rules of Civil Procedure shall be used as a general guide for the conduct of the proceedings, however formal adherence to said Rules shall not be mandated except as may be reasonably required to promote the ends of justice.30 Miss. Code. R. 901-18.9
Miss. Code Ann. § 73-13-15