Mississippi Administrative Code
Title 10 - Education Institutions and Agencies
Part 402 - MCSAB Board Policies
Chapter 5 - Administrative Hearing Procedures
Rule 10-402-5.9 - Conduct of Hearings

Hearings shall be informal, and the Miss. Rules of Evidence, while applicable, shall be relaxed. All witnesses who appear and testify under oath shall be subject to cross-examination.

Documents received into evidence by the hearing officer shall be marked by him or her, or under his or her direction, entered into evidence, and made a part of the record in the cause.

Rebuttal or surrebuttal evidence may be heard at the discretion of the hearing officer.

At the hearing, the Board shall be the first to present evidence.

The Board shall have the burden of proving its assertions by a preponderance of the evidence. Fraud must be proven by clear and convincing evidence.

A record of testimony at the hearing shall be made. A true and correct copy of said stenographic recording shall be made available to any party to the hearing requesting it, provided such party agrees to pay the expense of such copy.

Nothing contained herein shall prohibit the hearing officer from entering orders or making rulings which provide for the orderly conduct of said hearings. The hearing officer may limit the issues to be heard during any hearing. The hearing officer may also make rulings concerning any matters which do not involve a disputed issue of fact without setting a hearing concerning same. Continuances will not be granted except for good cause shown.

In computing any period of time prescribed or allowed under these rules, the hearing officer and all parties shall be guided by the Mississippi Rules of Civil Procedure.

Miss. Code Ann. § 37-28-9 and 33(8).