Current through September 24, 2024
A. Commencement.
The Hearing Officer will open the hearing by identifying each of the parties
and describing the subject of the hearing.
B. Rules of evidence. The strict rules of
evidence will not apply; however, all objections must be timely made. The
Hearing Officer may limit or exclude testimony which is redundant or not
relevant to the issues before the Permit Board. While the Permit Board will not
be bound by the strict rules of evidence, it must base all of its
determinations on sufficient evidence.
C. Sequestration. Any party to the hearing
may move to invoke the rule of sequestration and the Hearing Officer may rule
on the motion.
1. If the rule is invoked, no
witnesses found improperly present in the hearing room during the hearing may
testify.
2. The Hearing Officer may
waive a violation of a sequestration order if all opposing parties consent to a
waiver, or if the presence of the witness sequestered from the hearing does not
substantially affect any other party.
3. Each party may have one corporate, agency,
or other representative remain throughout the hearing and that representative
may also testify as a witness.
D. Motions, responses, preliminary matters.
The Permit Board may consider motions, responses, and any other preliminary
matters prior to opening statements.
E. Order of proof. MDEQ staff will first
present its proof and analysis and may give a recommendation with regard to the
permit in question, followed by presentation of proof by the non-objecting
party, if any, and subsequently by the objecting party.
F. Opening statements. Each party will be
allowed to make a brief opening statement. Opening statements will be given
prior to presentation of the party's evidence to the Permit Board. The
statement may include a brief statement regarding the party's case and the
evidence by which the party expects to support his or her case.
G. Questioning of witnesses.
1. Pre-filed testimony. Unless the Permit
Board or its Executive Director allows an evidentiary hearing without requiring
submission of pre-filed testimony, each witness will testify through his or her
pre-filed testimony. A witness may present live testimony in the beginning of
his or her testimony, as a summary of their pre-filed testimony, for up to 15
minutes.
2. Other testimony. A
witness who has not submitted pre-filed testimony in an evidentiary hearing in
which it is required will not be allowed to testify unless the witness is a
subpoenaed adverse witness or unless the Permit Board so allows or unless all
parties to the evidentiary hearing agree to allow the testimony. Such witness
will testify, if allowed, through examination by the party sponsoring the
testimony.
3. Cross-examination.
The Hearing Officer will allow cross-examination which will be limited to the
subject matter of the direct examination and matters affecting the credibility
of the witness.
4. Redirect
testimony. Redirect testimony will be limited to the scope of the
cross-examination testimony and will be offered to rebut any allegation or
inconsistency raised on cross-examination.
5. Further re-cross examination and rebuttal.
The Hearing Officer must permit cross-examination, and redirect examination
limited to matters raised on cross-examination, and may permit
re-cross-examination limited to matters raised during redirect
examination.
6. Questions by Permit
Board and Hearing Officer. The Permit Board members and the Hearing Officer may
question a witness at any time during the hearing.
7. Re-cross examination will be allowed at
the discretion of the Hearing Officer or the Permit Board.
H. Witness availability. All witnesses who
provide pre-filed testimony must be made available for cross-examination by all
other parties and for questioning by the Permit Board.
1. Failure to make witness available. The
Hearing Officer may, upon motion of a party to the hearing, strike the
pre-filed testimony of a witness who fails to attend the evidentiary hearing
from the hearing record. The Hearing Officer, in his or her discretion, may
allow pre-filed testimony of an absent witness if the witness is absent due to
death or extenuating circumstances to be made part of the record. Parties may
agree to allow pre-filed testimony of an absent witness to be introduced into
the hearing record.
2. Exception
for adverse or impeachment witnesses. Parties are not required to submit
pre-filed testimony for adverse witnesses or witness called solely for
impeachment purposes (i.e., to attack the credibility of a witness), but these
witnesses must be identified in the witness list as specified in the scheduling
letter.
I. Objections -
offers of proof. Grounds for objection to the admission or exclusion of
evidence must be stated briefly at the time the evidence is offered. If the
objection to the evidence offered is sustained, a proffer may be made for the
record which consists of a statement of the substance of the excluded evidence.
When a party objects to the admission of evidence, the Hearing Officer will
rule on the objection.
J. Closing
statements. At the conclusion of all testimony, each party may make a brief
closing statement.
Miss. Code Ann. §
49-17-1,
et seq. (Rev. 2012).
