Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 2 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OR FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 22 - HEARINGS, EMERGENCY SUSPENSIONS, LEGAL ACTIONS AND PENALTIES › Appendix 15-11-55-2-22-J - RULES AND PROCEDURES FOR STATE LEVEL 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/registrant - The
					 licensee/registrant 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/registrant.
3.
					 Representation by Counsel - The licensee /registrant may, but is not required
					 to be, represented by counsel at the hearing and shall have the right to
					 cross-examine all witnesses, present evidence, written or oral, on his or her
					 own behalf, and to refute any testimony or evidence presented by the
					 Department. The Department shall be represented by the Office of the Attorney
					 General.
4. 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.
5. Attendance of
					 Witnesses - The licensee/registrant or counsel for the Department may make a
					 written request to the Hearing Officer at least 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.
6. Order of Proceedings - The Department
					 shall present its case first, followed by the licensee/registrant, 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.
7. Standard of
					 Proof - In order for the Department's decision to be upheld, the Hearing
					 Officer must find that the regulatory violation has been proved by clear and
					 convincing evidence and that the disciplinary action is supported by
					 substantial evidence.
8.
					 Recommendation and Final Decision - At the conclusion of the hearing, or within
					 a reasonable time thereafter, 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 in a reasonable time thereafter issue his/her Final Order
					 adopting, modifying, or rejecting the Recommendation. This Final Order becomes
					 the final appealable order of the Mississippi State Department of Health as to
					 those proceedings.
9. Appeal of the
					 Department's Final Order shall be accomplished as provided by the appropriate
					 statute.
Miss. Code Ann.
						§
												43-20-8