Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 42 - Rules of Hearing Practice and Procedure before the Board of Trustees of the Public Employees' Retirement System of Mississippi › Section 27-210-42-110 - Conduct of hearing

Current through June 25, 2024
1. Each party may
				be represented by an attorney.
2.
				At any hearing, the parties shall be entitled to enter an appearance (in person
				or by an attorney), present evidence, examine and cross-examine witnesses, make
				arguments, and generally participate in the conduct of the
				proceeding.
3. The Presiding
				Officer shall have the authority to administer oaths and
				affirmations.
4. The appealing
				party may request that attendance at such hearing be limited to individuals
				essential to the efficient conduct of the hearing, including but not limited to
				the claimant, attorneys, witnesses, employer representatives, Presiding
				Officer, Committee members, court reporter, and PERS administrative and support
				staff as are necessary. The filing of an appeal shall constitute a waiver of
				confidentiality only to the extent necessary to process and review the
				claim.
5. The Presiding Officer may
				clear the hearing room of witnesses not under examination. PERS may have a
				representative (in addition to its attorney) remain in the hearing room during
				the entire course of the hearing, even though the representative may testify.
				The appealing party may remain in the hearing room throughout the hearing.
6. The matter should be heard as
				directed by and by sole discretion of the Presiding Officer.
7. The Presiding Officer or any Committee
				member may question a witness during any part of the direct or
				cross-examination of such witness.
8. The Presiding Officer shall have the
				authority to maintain the decorum of the hearing and shall take reasonable
				steps to do so when necessary, including clearing the hearing room of any
				person who is disruptive.
9. The
				Committee may also call upon any party or staff of PERS for further material or
				relevant evidence upon any issue. However, all parties at interest shall be
				given a reasonable opportunity to inspect such documents made a part of the
				record. Further, in the case of disability appeals, the Committee shall have
				the authority to defer a decision to request a medical evaluation or test or
				additional existing medical records not previously furnished by the claimant.
				Failure to provide the additional existing medical records within 90 days of
				notification of such request or refusal to submit to a medical evaluation or
				test will result in a recommendation being made by the Committee based on the
				available information. If, prior to the expiration of the 90-day period, an
				extension of time is requested in writing, the Executive Director may extend
				the 90-day period provided the applicant can demonstrate that failure to submit
				to the medical evaluation or test or to provide the additional information was
				due to circumstances beyond his or her control.
10. At the conclusion of all testimony, the
				Committee will adjourn and conclude the hearing. Thereafter, the Committee will
				retire to deliberate, after which the Committee will submit its proposed
				statement of facts, conclusions of law and recommendation, where applicable,
				solely for consideration by the Board. The Board has the sole authority to
				issue a decision relative to all claims on appeal by rendering its
				Order.