Current through December 10, 2024
Section 7-163-6.0-6.3 - Hearing Procedures6.3.1 The State Board of Education's representative sets the time, place, and date for a hearing and notifies all parties of the time, place, and date of the hearing by registered or certified mail, return receipt requested. All parties may be represented by counsel at the expense of the party. The hearing is conducted in such a manner as to afford all parties a fair and reasonable opportunity to present witnesses and other evidence pertinent to the issues and to cross-examine witnesses presented by the opposing party. The State Board of Education's representative may permit any portion of the evidence to be submitted in the form of depositions or affidavits; and in case affidavits are received, an opportunity to present counter-affidavits is provided.6.3.2 It is the responsibility of each party at the hearing to secure the attendance of such witness or witnesses as the party deems necessary or appropriate, and any expense connected with the attendance of such witnesses is borne by the party responsible for the attendance of the witness.6.3.3 In conducting the hearing, the State Board of Education's representative is not bound by common law or by statutory rules of evidence or by technical or formal rules of procedure, provided, however, hearsay evidence, if admitted, is not the sole basis for the determination of facts by the State Board of Education's representative.6.3.4 After presentation by the executive secretary of the State Board of Education regarding recommended action and policy in support thereof, the party filing the written notice of hearing has the burden of going forward with the evidence, and at the conclusion of the hearing, the State Board of Education's representative grants any party the opportunity to present a statement in such party's own behalf, either in person or by such party's attorney.6.3.5 All hearings held before the State Board of Education's representative are recorded and transcribed by a court reporter whose fees and costs of transcription are paid by the school involved within forty-five (45) days after having been notified of such costs and fees by the State Board of Education. Within thirty (30) calendar days of receipt of the transcribed record of the hearing, the State Board of Education's representative files a written recommendation to the State Board of Education as to the resolution of the controversies. Upon consideration of the transcribed record and recommendation of its representative, the State Board of Education makes its decision and notifies all parties in writing by certified or registered mail, return receipt requested. The decision of the State Board of Education is final.7 Miss. Code. R. 163-6.0-6.3