Mississippi Administrative Code › Title 7 - Education K-12 › Part 3 - Board Policies › Chapter 62 - Public School Funding › Rule 7-3-62.4 - Hearing Procedures

Current through June 25, 2024
The hearing procedure for the Public School Building Fund is
				  as follows:
1. The State Department of
				Education, Bureau of School Building and Transportation, shall make the initial
				recommendation to the State Board of Education to approve or disapprove the
				plan or application.
2. If the
				recommendation is to disapprove the plan or application and the State Board
				acts upon same, the Department will notify the district by certified mail of
				disapproval, listing the reasons therefore in accord with 37-47-17 and giving
				notice to the district of its right to request a hearing in writing before the
				State Board of Education pursuant to 37-45-27 et. seq. within twelve days of
				receipt of the letter of denial.
3.
				Upon receipt of a request for a hearing by the district, the State
				Superintendent of Education will notify the district by certified mail of the
				time and place of the hearing. Such notification will not exceed ten days from
				the date of receipt of the request unless mutually agreed in writing by the
				department and the district.
4. The
				State Board of Education may hear the issues or may designate an ad hoc
				committee of the Board to hear the issue(s) at a called meeting and act upon
				the committee's recommendation at the next regularly scheduled meeting
				following the issuance of the committee's recommendation unless otherwise
				mutually agreed in writing by the department and the district.
5. The district and the department may
				present witnesses and other evidence pertinent to the issue(s) in accord with
				the provisions of 37-45-27. The State Board of Education shall not be bound by
				the common law or by statutory rules of evidence or by formal or technical
				rules of procedure, but may conduct the hearing in such a manner as to best
				ascertain and determine the welfare of the educable children involved, the
				efficiency of the schools' operation, and the economic and social welfare of
				the various school areas involved. Hearsay evidence, if presented, shall not be
				the sole basis for the determination by the board. The board may ask questions,
				limit the examination or cross-examination of witnesses and recess and
				reconvene the hearing, if necessary, in accord with 37-45-27 and
				37-45-15.
6. It shall be the
				responsibility of each party to secure the attendance of its witnesses;
				however, under the authority of 37-45-31 and upon request of the parties, the
				State Board of Education may subpoena witnesses and documents material to the
				issue(s) under seal of the State Board of Education and in its name. Failure to
				comply with a subpoena is governed by 37-45-33.
7. A record of the hearing will be taken in
				accord with the provisions of 37-45-37 and 37-4545. It is the duty of the
				appealing district to obtain a court reporter. Should the district certify in
				writing to the board that it is unable to obtain a competent reporter; the
				board will select a reporter for the district.
8. The appealing district will bear all costs
				of the hearing, including the court reporter's fees, excepting only the cost of
				any witnesses subpoenaed by the State Department of Education (See 37-45-35;
				37-45-37; 37-45-43; 37-45-45; 37-45-47; 37-45-49).
9. Two copies of all written evidence will be
				required: one copy for the State Board of Education and one copy for the
				opposing party. Evidence submitted by the district will be labeled P-1, P-2,
				etc. Evidence submitted by the department will be labeled D-1, D-2, etc.
				Evidence may be stipulated and entered as S-1, S-2, etc.
10. Following the hearing and within a
				reasonable time after opportunity to review, study and analyze the evidence
				presented, the board shall make its written findings and issue its order. In
				the event the board chooses to designate an ad hoc committee of its members to
				hear the evidence, such committee will within thirty (30) working days of the
				conclusion of the hearing, after opportunity to review, study and analyze the
				evidence presented, make its written findings and recommendation to the board,
				which will act upon such recommendation at its next scheduled meeting. The
				decision of the board is final.
11.
				If a decision is adverse to the district, the district has the right of appeal
				to Chancery Court under the provisions of 37-45-51 and 37-47-67.
Miss. Code Ann. §
										37-1-3
				  (Adopted 11/1992)