Mississippi Administrative Code › Title 7 - Education K-12 › Part 163 - Mississippi Nonpublic School Accountability Standards 2022 › NONPUBLIC SCHOOL ACCREDITATION POLICIES OF THE STATE BOARD OF EDUCATION › Sec2 7-163-6.0 - HEARING PROCEDURES › Section 7-163-6.0-6.3 - Hearing Procedures

Current through June 25, 2024
6.3.1 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.