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 15-9-91-4.13 - Procedures For Conducting A "Hearing During The Course of Review"

Current through June 25, 2024
4.13.1
Procedure and Other Related
				  Matters (signing in)
Certificate of need hearings are open and public, except
					 for rare occasions when the hearing officer may wish to inspect documents or
					 examine witnesses in camera. To expedite the conduct of the hearing, persons
					 attending should "sign in," listing their name, address and
					 organization.
4.13.2
Declaration of Hearing Officer
The Hearing Officer opens the hearing (giving time and
					 date).
The Hearing Officer will identify himself/herself and those
					 responsible for recording the hearing.
The Hearing Officer has the authority to administer oaths,
					 and will swear in those who wish to testify except officers of the courts, who
					 are not required to be sworn.
The legal notice will be admitted into the record as
					 Exhibit One by the Hearing Officer.
The file of the Department with respect to the application
					 will be admitted into the record as Exhibit Two by the Hearing Officer.
The staff analysis with respect to the application will be
					 admitted into the record as Exhibit Three by the Hearing Officer.
The Hearing Officer will read the following notice to those
					 present: "This hearing is being conducted to discuss the merits of the
					 application under consideration; please refrain from discussing or offering
					 evidence concerning any other pending or yet-to-be-offered application that is
					 not relevant to the matter in issue."
"Any affected person, during the conduct of the hearing,
					 shall have the right to be represented by counsel. Additionally, any person may
					 present oral or written arguments and evidence relevant to the matter which is
					 subject to the Hearing and may conduct reasonable questioning of persons who
					 make relevant, factual allegations if the person is affected by the
					 matter."
4.13.3
Order
				  of Proof
NOTE: All persons giving testimony during the conduct of
					 the hearing will state their name and their organizational affiliation.
1. A member of the staff, who may give a
				  brief summary of the Department's staff report; such staff member may be
				  questioned by any affected person present, including the Hearing
				  Officer.
2. The
				  applicant.
3. The opponent(s), if
				  any, in an order to be established by agreement between the opponent(s), or if
				  no agreement can be reached, by the Hearing Officer. If no opponent(s) are
				  present, the Department may present witnesses, exhibits, and testimony
				  regarding the application, conduct questioning of witnesses presented by the
				  Applicant, make objections, argue, and submit proposed findings of fact and
				  conclusions of law and/or a proposed recommendation. In this instance, the
				  Department should be represented by a staff attorney who may be an employee of
				  the Mississippi Attorney General.
4. Persons who wish to give evidence for
				  themselves or on behalf of a group or organization.
5. Persons who wish to give evidence but are
				  not listed on "Sign-In" sheet and who have not been sworn (These persons will
				  be sworn prior to giving testimony).
6. Rebuttal by the applicant, limited to
				  matters raised during the opponent's case in chief.
7. Closing statements or arguments of counsel
				  or affected persons. Waiver of the submission of closing statements or
				  arguments at the hearing shall not entitle any party or affected person to
				  argument before the State Health Officer. (Argument shall normally be by
				  briefs, submitted to the Hearing Officer simultaneously, within thirty (30)
				  calendar days of the close of the Hearing).
8. The Hearing Officer will then close the
				  Hearing.