Mississippi Administrative Code › Title 9 - Education- Mississippi Community College Board › Part 7 - Regulations for State Oversight of Proprietary Institutions Operating or Recruiting in Mississippi › Section 9-7-3 - REGULATIONS AND PROCEDURES FOR REGISTRATION OF PROPRIETARY SCHOOLS AND COLLEGES › Section 9-7-3-3.21 - HEARING PROCEDURE

Current through June 25, 2024
Upon a finding by the commission that there is good cause to
				  believe that a registered institution, or an officer, agent, employee, partner
				  or instructor, has committed a violation of section
				  75-60-19, Mississippi Code of
				  1972, as amended, the commission shall initiate proceedings as outlined
				  below:
A. The commission shall initiate
				proceedings by serving a notice of hearing upon each and every such party
				subject to the administrative action. The institution or such party shall be
				given reasonable notice of the hearing, including the time, place and nature of
				the hearing and a statement sufficiently particular to give notice of the
				transactions or occurrences intended to be proved, the material elements of
				each cause of action and the civil penalties and administrative sanctions
				sought.
B. Opportunity shall be
				afforded to the party to respond and present evidence and argument on the
				issues involved in hearing including the right of cross-examination. In a
				hearing, the institution or such party shall be accorded the right to have its
				representative appear in person or with counsel or other representative.
				Disposition may be made in any hearing by stipulation, agreed settlement,
				consent order, default or other informal method.
C. The commission shall designate an
				impartial hearing officer to conduct the hearing, who shall be empowered to:
a. Administer oaths and affirmations;
				and
b. Regulate the course of the
				hearings, set the time and place for continued hearings, and fix the time for
				filing of briefs and other documents; and
c. Direct the institution or such party to
				appear and confer to consider the simplification of the issues by consent;
				and
d. Grant a request for an
				adjournment of the hearing only upon good cause shown.
The strict legal rules of evidence shall not apply, but the
				  decision shall be supported by substantial evidence in the record.
The commission, acting by and through its hearing officer, is
				  authorized and empowered to issue subpoenas for the attendance of witnesses and
				  the production of books and papers at such hearing. Process issued by the
				  commission shall extend to all parts of the state and shall be served by any
				  person designated by the commission for such service. Where, in any proceeding
				  before the hearing officer, any witness fails or refuses to attend upon a
				  subpoena issued by the commission, refuses to testify, or refuses to produce
				  any books and papers the production of which is called for by a subpoena, the
				  attendance of such witness, the giving of his testimony or the production of
				  the books and papers shall be enforced by any court of competent jurisdiction
				  of this state in the manner provided for the enforcement of attendance and
				  testimony of witnesses in civil cases in the courts of this
				  state.