Mississippi Administrative Code
Title 10 - Education Institutions and Agencies
Part 402 - MCSAB Board Policies
Chapter 5 - Administrative Hearing Procedures
Rule 10-402-5.5 - Appointment and Authority of Hearing Officer

The Board hereby appoints a designee chosen by the Executive Director from a list preapproved by the Board as hearing officer for all hearings held under this chapter.

The hearing officer has and shall exercise the power to regulate all proceedings in every hearing before him or her and to do all acts and take all measures necessary or proper for the efficient performance of his or her duties under these rules. The hearing officer may require production, through order or subpoena, of evidence upon all matters in the hearing, including the production of all books, papers, vouchers, documents, and writings applicable thereto. The hearing officer shall have the power to administer oaths and affirmations, examine witnesses, examine and report upon all matters referred to him or her. The hearing officer shall have the power to enter protective orders.

The hearing officer shall have the power to direct the issuance of subpoenas for witnesses to attend before him or her to testify in the cause. If any witness shall fail to appear, the hearing officer shall proceed by process to compel the witness to attend and give evidence. The hearing officer may direct the parties to participate in a conference or conferences prior to the hearing on the merits, for such purposes of expediting the disposition of the action and facilitating resolution of the case.

The hearing officer shall have the authority to admit into the record any evidence which, in his or her judgment, has a reasonable degree of probative value and trustworthiness. The hearing officer shall have the authority to exclude evidence which is irrelevant, immaterial, lacking in probative value, untrustworthy, or unduly cumulative.

The hearing officer may issue rulings on scheduling matters, protective orders, admissibility of evidence, and other procedural or pre-hearing matters. The hearing officer may alter any of the time periods provided by these regulations, upon his or her own initiative or upon a motion by a party or other person affected for good cause shown.

The hearing officer may clear the hearing room of witnesses not under examination. The hearing officer shall have the authority to maintain the decorum of the hearing and shall take reasonable steps to do so when necessary, including clearing the hearing room of any person who is disruptive.

Miss. Code Ann. § 37-28-9 and 33(8).