Mississippi Administrative Code › Title 31 - Public Safety › Part 401 - RULES AND REGULATIONS FOR MISSISSIPPI MEDICOLEGAL DEATH INVESTIGATIONS › Chapter 10 - Training and Continuing Education Program › Rule 31-401-10.8 - Removal Proceedings

Current through June 25, 2024
All County Medical Examiner ("CME") and County Medical
				  Examiner Investigator ("CMEI") removal proceedings will be conducted by the
				  State Medical Examiner's Office pursuant to Miss. Code Ann. §
									41-61-57.
1.
Hearing Officer
: The Hearing
				Officer shall be the State Medical Examiner or designee. The Hearing Officer
				shall preside at the hearing, shall be charged with maintaining order at the
				hearing, and shall rule on all questions of evidence and procedure.
2.
Notice of Hearing
: The
				Hearing Officer shall send a notice of hearing to any CME or CMEI who is
				subject to removal for inefficiency or other good cause pursuant to Miss Code
				Ann. §
									41-61-57. The notice of hearing
				shall contain a narrative statement of the conduct which will be subject to
				review at the hearing. The notice shall be sent to the CME or CMEI by certified
				mail return receipt requested and provide at least fifteen (15) working days'
				notice of the hearing date.
3.
Appearance
: The CME or CMEI shall appear at the date and time set
				for the hearing. The CME or CMEI may send a written statement of waiver if he
				or she intends to waive the hearing. Any CME or CMEI who fails to appear at the
				hearing will be deemed to have waived his or her right to a hearing. Such
				waiver will establish an admission of all misconduct as presented in the
				narrative statement and will result in the issuance of a final order by the
				Hearing Officer.
4.
Legal
				Representation
: The CME or the CMEI may be represented by counsel at the
				hearing. Counsel at the hearing may confer with his or her client, but may not
				ask questions or cross-examine witnesses.
5.
Rules of Evidence and
				Discovery
: Formal rules of evidence and procedure, including discovery,
				do not apply in removal hearings. The Hearing Officer shall be the sole
				determiner regarding admissibility of evidence at the hearing.
6.
Attendance of Witnesses
: The
				CME or CMEI must notify the Hearing Officer at least three (3) working days
				prior to the hearing and any witnesses that intend to testify on their behalf
				at the hearing. Failure to provide such notification will result in the hearing
				going forward without the requested witnesses. The CME or CMEI will be
				responsible for sending such notification to the Hearing Officer and
				responsible for making sure any witnesses are present at the hearing. Failure
				of a witness to show for the hearing shall not be cause for a
				continuance.
7.
Order of
				Proceedings
: The Hearing Officer shall present his case first, followed
				by the CME or CMEI. The Hearing Officer then will have the opportunity present
				any rebuttal evidence.
8.
Burden of Proof
: If the Hearing Officer finds substantial evidence
				proving inefficiency or good cause on the part of the CME or CMEI, the Hearing
				Officer may order removal of the CME or CMEI from office. Here substantial
				evidence means more than a scintilla, but less than a preponderance.
9.
Recommendation and Final
				Order
: At the conclusion of the hearing, or within a reasonable time
				thereafter, the State Medical Examiner shall submit his Final Order to the CME
				or CMEI outlining the proof presented and stating whether a basis for removal
				of the CME or CMEI prior to the expiration of the term exists. The final order
				will become effective immediately upon delivery to the CME or
				CMEI.
Miss. Code
				  Ann. §
										41-61-57, Miss. Code Ann. §
										41-61-63.