Mississippi Administrative Code › Title 5 - Banking and Consumer Finance › Part 2 - Mortgage Company Activities › Chapter 2 - General Hearing Procedures › The Hearing › Rule 5-2-2-4.0 - Location

Current through June 25, 2024
A hearing shall be conducted at the offices of the
					 Department or at an alternative location that is deemed suitable by and within
					 the sole discretion of the Commissioner.
4.1; These Rules and Procedures are not
				  intended to address all aspects of the hearing process. The Commissioner may
				  determine that more specific procedural rules for the hearing of a matter are
				  necessary and should be implemented to ensure the order, fairness and
				  efficiency of the hearing. The Commissioner's authority provides the sole
				  discretion to amend and/or supplement the hearing rules as deemed necessary and
				  upon proper notice to all parties.
4.2; The "Rules of Evidence" used injudicial
				  proceedings and any other rules of procedure or evidence that apply in other
				  contexts may be considered informative for all matters before the Commissioner,
				  however, all such rules are non-binding and any standards set forth therein are
				  relaxed for all purposes of an administrative hearing conducted by the
				  Commissioner.
4.3 Court Reporter;
				  Each conference presided over by the Commissioner with all parties and/or their
				  representatives may be transcribed for the Record with costs borne by the party
				  requesting the Court Reporter's services. The Department shall procure the
				  services of a competent and certified Court Reporter who shall transcribe
				  everything done and said on the Record and shall keep and properly index all
				  exhibits as directed by the Commissioner or the Hearing Counsel.
4.4 Deposit of Costs; The Commissioner may,
				  in his/her sole discretion, require a deposit or other guaranty that the fees
				  and costs of the service of process and, should the Commissioner determine that
				  the costs of the hearing will outstrip the amount of the bond(s) maintained by
				  a regulated entity on file with the Department, may require an additional
				  security bond from the respondent(s).
4.5 Witnesses; Issuance of subpoenas by
				  Commissioner; Upon proper written application of any party or its attorney, a
				  subpoena may be issued by the Commissioner as follows:
4.5.1 Subpoenas
Duces Tecum:
At any time, no later than 14 days prior to hearing, at the instance of any
				  party, the party or its attorney may make application for the issuance of a
				  document subpoena directed to any non-party requesting documents that are or
				  may be pertinent to the issues to be heard at the hearing of the matter. The
				  issuance of a document subpoena is at the sole discretion of the Commissioner,
				  and predicated upon a finding that the request sets forth as plainly as
				  possible the documents that are sought and the purpose of the requested
				  production. Absent extraordinary circumstances, a total of fifteen (15)
				  separate document subpoenas is the maximum limit. Additional document subpoenas
				  may issue only after a showing of extraordinary circumstances by the party
				  making the requests.
4.5.2
				  Summons/Subpoena to appear in person; Rule 45 of the Mississippi Rules of Civil
				  Procedure is considered instructive guidance to the parties, but it is not
				  necessarily binding for the purposes of any matter before the
				  Commissioner.
4.5.3 Enforcement by
				  Commissioner; Unless otherwise prohibited by statute, the Commissioner shall
				  have full authority to enforce any summons, subpoena or order that issues
				  during the hearing process. The Commissioner may further request the Chancery
				  Court in any county to assist with the enforcement of any such
				  document.
4.5.4 Service of Process;
				  All subpoenas, subpoenas
duces tecum,
summons or any other
				  process issued in proceedings pending before the Commissioner shall extend to
				  all parts of the state and may be served by any person authorized to serve
				  process of courts of record in this state.
4.5.5 Costs Borne by Requestor; A process
				  server shall be entitled to collect appropriate fees for such service as
				  allowed in the courts of this state, with all such costs to be borne by the
				  party requesting the service of process.