Mississippi Administrative Code › Title 7 - Education K-12 › Part 3 - Board Policies › Chapter 14 - Certification › Rule 7-3-14.6.3 - Rules for Procedure for Disciplinary Hearings by the Licensure Commission

Current through June 25, 2024
1. All reports of misconduct or violations
				not previously disposed of by the Office of Educator Misconduct Evaluations and
				considered by the Review Committee shall be considered a controversy and shall
				be initially heard in a hearing de novo by the Commission on Teacher and
				Administrator Education, Certification and Licensure and Development (the
				Commission), or by a sub-committee established by the Commission and composed
				of Commission members for the purpose of holding Hearings, or by Hearing
				Officer as assigned by the Mississippi Attorney General's Office. Controversies
				heard by Hearing Officer shall be limited to those matters involving discipline
				pursuant to Miss. Code Ann. §§
									37-3-2(11)(a),
				(12)(a), 12(d), 12(e), 13(a) and
				(14)(a).
2. Any complaint seeking
				the denial of issuance, revocation, or suspension of a certificate/license
				shall be by sworn affidavit filed with the Commission.
3. Upon receipt of such complaint or of a
				written appeal from the denial of an application for certification/license, the
				Executive Secretary, or other designee, of the Commission shall fix a date,
				time and place for the hearing of the complaint or appeal, and will furnish to
				the applicant/certificate/license holder by certified mail, whether by the
				United States Postal Service or other carrier offering an alternative form of
				delivery providing tracking and/or confirmed receipt, or by any other manner of
				service authorized by law, a copy of the complaint, if applicable, and notice
				of the date, time and place for the hearing, which date shall be not less than
				fifteen (15) days nor more than one hundred twenty (120) days from the
				confirmed date of the first attempted delivery of such notice, unless otherwise
				agreed.
4. The Executive Secretary
				may grant one (1) continuance per party. A written request for the continuance
				should be sent to the Office of Educator Licensure, no later than five (5)
				business days prior to the hearing. A request may be granted only for good
				cause. Any additional continuances are required to be presented by personal
				appearance before the Commission and may be granted only by the
				Commission.
5.
a. The Office of Educator Misconduct
				Evaluation may have a representative, in addition to counsel, remain in the
				hearing room during the entire course of the hearing, even though the
				representative may testify. The Licensee-party may remain in the hearing room
				throughout the hearing. The Commission chair, sub-committee chair, or Hearing
				Officer has authority to control the presence of witnesses in the hearing
				location.
b. Parties appearing at
				the hearing may be represented by legal counsel, at their own expense, and may
				produce witnesses and cross examine witnesses. It will be the responsibility of
				each party to secure the attendance of such witness or witnesses as each party
				deems necessary or appropriate; and any expense connected with the attendance
				of such witnesses will be borne by the party responsible for the attendance of
				the witnesses. Witnesses who are eighteen (18) years of age or younger must be
				accompanied by a parent or legal guardian to the hearing.
c. Any request for subpoena to compel
				attendance of a witness by any party shall be made in writing to the Office of
				the State Superintendent no less than ten (10) days prior to hearing date and
				shall include the name of the witness to be compelled and a street address
				where the witness may be readily found for service of the subpoena. The
				subpoena may be served in accordance as provided by the Mississippi Rules of
				Civil Procedure by the requesting party.