32 Miss. Code. R. 21-4-4.3.2

Current through December 10, 2024
Section 32-21-4-4.3.2 - Conduct of the Hearing
1. Duties of the Impartial Hearing Officer:

Once selected, at random from a list of qualified impartial hearing officers maintained by the Agency and identified by the Agency and State Rehabilitation Council, the Impartial Hearing Officer shall have the authority and responsibility to:

a. establish a date, time, and place for the hearing and give proper notice of the hearing to the parties;
b. review the case file prior to the hearing;
c. maintain order;
d. make a record of the proceedings;
e. establish reasonable time limits for the conduct of the proceedings, to include extending time limits for good cause;
f. rule on the admissibility of evidence;
g. hold a pre-hearing conference, if necessary, to clarify the matter(s) in dispute; establish the order of presentation; allow and establish time limits for the exchange of exhibits and names of witnesses; and,
h. enter an order on any other matter that will facilitate the conduct of the review.
1. The Requestor Shall be Afforded the Opportunity to:
a. receive timely and adequate notice of all events and/or proceedings related to and including the hearing; and,
b. be heard, present evidence, call witnesses, cross-examine witnesses, be represented by counsel at his/her own expense (if he/she so chooses), and receive a written decision based on the evidence.

32 Miss. Code. R. 21-4-4.3.2