Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 22 - Medical Cannabis Program › Subpart 11 - Enforcement and Penalties › Appendix 15-22-11.C - Rules And Procedures For Administrative Hearings

Current through June 25, 2024
1. Hearing Officer: The Hearing Officer shall be appointed by
				  the State Health Officer or his/her 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 in accordance with the
				  provisions of these rules.
2. Appearance by Licensee/Aggrieved party: The
				  licensee/aggrieved party shall appear at the date and time set for the hearing,
				  and failure to do so without reasonable notice to the Department may result in
				  admission of the charges and adverse action taken against the licensee.
3. Representation by Counsel: The licensee/aggrieved party
				  may, but is not required to be, represented by counsel at the hearing at
				  his/her own expense and shall have the right to cross-examine all witnesses,
				  present evidence, written or oral, on his/her own behalf, and to refute any
				  testimony or evidence presented by the Department.
4. Confidentiality of Hearings: Administrative hearings
				  before a Hearing Officer are considered confidential and are not open to the
				  public.
5. Rules of Evidence and Discovery: Formal rules of evidence
				  and procedure, including Discovery, do not apply in administrative hearings;
				  however, the rules of evidence may be used as a guide during the hearing. A
				  record of the hearing shall be made by a court reporter.
6. Attendance of Witnesses: The licensee/aggrieved party or
				  counsel for the Department may make a written request to the Hearing Officer at
				  least ten (10) days prior to the hearing to ensure the attendance of a witness
				  or the production of documents through the issuance of an administrative
				  subpoena. The issuance of the subpoena shall be at the discretion of the
				  Hearing Officer.
7. Order of Proceedings: The Department shall present its
				  case first, followed by the licensee/aggrieved party, and any rebuttal evidence
				  by either party. At the request of either party, all prospective witnesses
				  shall be excluded from the proceedings except while actually testifying.
8. Standard of Proof: In order for the Department's decision
				  to be overturned, the Hearing Officer shall find that the regulatory violation
				  and/or disciplinary action is (a) arbitrary or capricious; (b) unsupported by
				  substantial evidence; (c) beyond the power of the administrative agency to
				  make; or (d) violated some statutory or constitutional right of the aggrieved
				  party.
9. Recommendation and Final Decision/Final Order: Within
				  thirty (30) days of the hearing, or such period as determined at the hearing
				  considering the amount of testimony and evidence and the complexity of the
				  issues, the Hearing Officer shall submit his/her "Findings of Fact, Conclusions
				  of Law and Recommendation" to the State Health Officer, outlining the proof
				  presented and containing his/her recommendation to the State Health Officer as
				  to the appropriate action to be taken. The State Health Officer shall issue
				  his/her Final Order adopting, modifying, or rejecting the Recommendation within
				  fourteen (14) days of receipt of the recommendation. This Final Order becomes
				  the final appealable order of the Mississippi State Department of Health as to
				  those proceedings.
10. Appeal of the Department's Final Order shall be
				  accomplished as provided by the appropriate statute.
11. Any person or entity who disagrees with or is aggrieved
				  by the Final Decision or Final Order of the Department concerning the
				  imposition of fine(s) and/or other sanction(s). suspension, or revocation of a
				  license may appeal same in the circuit court of the county in which he/she
				  resides. If the aggrieved party is a nonresident of this state, he/she may
				  appeal to the Circuit Court of the First Judicial District of Hinds County,
				  Mississippi. The appeal shall be filed no later than twenty (20) calendar days
				  after the issuance of the Final Decision or Order by the Department.
12. Any person or entity aggrieved by the decision of the
				  circuit court may appeal to the Mississippi Supreme Court.
13. If the licensee/aggrieved party fails to appeal the Final
				  Order within the prescribed time, the decision becomes final and cannot be
				  further appealed.
Miss. Code
				  Ann. §§
										41-137-1 -
				  41-137-67.