Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 4 - PUBLIC HEARING DURING THE COURSE OF REVIEW › Rule 15-9-91-4.12 - Hearing Officer's Authority to Grant Subpoenas

Current through June 25, 2024
The Mississippi State Board of Health, pursuant to its
					 rule-making authority and subpoena powers granted unto it in Mississippi Code
					 of 1972 Annotated, §§
										41-3-17 and
					 41-3-15(4)(1),
					 respectively, hereby adopts the following rules:
The State Health Officer, vested with the authority of the
					 board as described in §
										41-3-5, Mississippi Code of 1972
					 Annotated, as amended will, at his/her discretion, appoint a Hearing Officer to
					 hear any matter before the Mississippi Department of Health. The Hearing
					 Officer shall be granted the authority to issue subpoenas to compel the
					 attendance of witnesses and the production of relevant documents and things.
					 Any duly appointed Hearing Officer so authorized may issue a subpoena
					 suasponte, or upon application by any party to a matter being heard before the
					 Mississippi Department of Health.
Except for good cause shown, no subpoena shall be issued
					 less than thirty-five (35) calendar days and served less than thirty (30)
					 calendar days, prior to the date of the hearing for which the subpoena is
					 sought. Any subpoena duces tecum issued under this rule shall specify a date,
					 time and place for the production of documents or things. The date for
					 production shall be no less than twenty (20) calendar days prior to the date of
					 the hearing, unless the subpoena is issued pursuant to a specific order of the
					 hearing officer, which order may provide for another date. Upon issuance of a
					 subpoena, the Hearing Officer may designate an individual employed by the
					 Mississippi Department of Health or some other suitable person, such as the
					 party requesting the subpoena, to execute and return service of the subpoena.
					 The person to whom the subpoena is directed may, no less than twenty-five (25)
					 calendar days before the date set as the first day of the hearing, serve upon
					 the parties to the hearing and the Hearing Officer written objection to the
					 subject matter of the subpoena together with a notice of a motion on the
					 objection, in which case the attendance of the witness or the production of
					 documents and things shall not be compelled except pursuant to an order by the
					 Hearing Officer subsequent to the hearing on the motion. In considering the
					 objection of a party to the issuance of a subpoena for the attendance of
					 witnesses or the production of documents and things, the Hearing Officer shall
					 consider the relevancy, probativeness, and reasonableness of the subject of the
					 subpoena.
At least twenty (20) calendar days prior to the hearing,
					 the Hearing Officer hears motions concerning the issued subpoenas, if any. The
					 Hearing Officer's rulings on the issuing and disposition of the subpoenas are
					 final as to all matters involving subpoenas issued or sought to be issued. Any
					 such ruling, whether made orally or in writing, will be entered into the record
					 by the Hearing Officer.
If any party subpoenaed under this rule shall refuse to
					 comply with such subpoena, the Hearing Officer shall be authorized to certify
					 such facts and enter same into the record. At that point, any party to the
					 hearing may then move the appropriate court for relief during the hearing, but
					 the hearing will not be delayed while this matter is being
					 resolved.