Mississippi Administrative Code › Title 31 - Public Safety › Part 401 - RULES AND REGULATIONS FOR MISSISSIPPI MEDICOLEGAL DEATH INVESTIGATIONS › Chapter 8 - Toxicologic Specimens › Rule 31-401-8.8 - 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 toMiss. 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.