Rule 37-401-5.4 - HearingsA. Hearings will be held in the conference room of Mississippi Road Builders Association, Inc., located at 601 George Street, Jackson, Mississippi 39225, or, at other locations selected by the Board.B. As required by the statute, the Board shall consider only, and be bound only, by the evidence submitted. The Board shall hand down its findings, decisions, and order within sixty (60) days after completion of testimony. The Board may conduct its own investigation as outlined in Section 600 of this document.C. Both parties shall be given adequate notice of all hearings conducted, and may be in attendance both personally and by counsel. The Chairman of the Board shall preside at all hearings, which shall be conducted in an orderly manner. Strict conformance to rules of evidence is unnecessary as to permit the introduction of all relevant and material evidence pertaining to the issue of the matter in controversy.D. The requesting party, followed by the opposing party, may make a brief opening statement of its case to the Board before offering testimony or written evidence. All witnesses will be sworn before testifying, and shall identify themselves for the record before making any statement in evidence. 1. Witnesses shall not be interrupted during testimony except by a Board member. Board members may ask questions of witnesses or others, at any time during arbitration proceedings. After the witness completes his/her testimony, the opposing party may question the witness.E. The party requesting arbitration shall have the burden of presenting and establishing a prima facie case of its claim. The opposing party will then have the opportunity of offering its case. Rebuttal may then be offered by the party requesting arbitration, at the close of which, testimony shall be considered completed.F. Either party may offer final summary statements to the Board, with the party requesting the arbitration given the opportunity of speaking first. All hearings shall be conducted informally but in such a manner as to insure order and fairness to both parties.G. The Board, at its discretion, may allow or require, additional witnesses, documents, or other proof be produced at any hearing.1. The Board may subpoena witnesses or documents upon the request of any party or independently.2. Should this occur, the party opposite shall have a reasonable opportunity to present rebuttal witnesses or proof relevant to the issues presented.H. The Board shall maintain the privacy of the hearings unless the law provides to the contrary. Any person having a direct interest in the arbitration is entitled to attend hearings. The Board shall otherwise have the power to require the exclusion of any witness, other than a party or other essential person, during testimony of any other witnesses. It shall be discretionary with the Board to determine the propriety of the attendance of any other person other than a party and its representatives.37 Miss. Code. R. 401-5.4
Miss. Code Ann. §§ 65-2-5; 65-2-7