Mississippi Administrative Code
Title 13 - Gaming
Part 4 - EXCLUSION OF PERSONS
Chapter 3 - DISCIPLINARY PROCEEDINGS
Rule 13-4-3.6 - Pre-hearing Conferences; Scheduling

Universal Citation: MS Code of Rules 13-4-3.6

Current through September 24, 2024

(a) After the respondent files an answer to the complaint, the hearing examiner may direct the parties to participate in a conference or conferences before the hearing on the merits, for such purposes as expediting the disposition of the action, resolving discovery issues, and facilitating the settlement of the case.

(b) The participants at any pre-hearing conference under this section shall be prepared to consider and take action with respect to any or all of the following, as determined by the hearing examiner:

1. The formulation and simplification of the issues;

2. The necessity or desirability of amendments to the complaint or answer;

3. The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof, stipulations regarding the authenticity of documents, and advance rulings from the hearing examiner on the admissibility of evidence;

4. The avoidance of unnecessary proof and of cumulative evidence;

5. The identification of witnesses and documents, the need and schedule for filing and exchanging pre-hearing briefs, and the date or dates for further conferences and for the hearing on the merits;

6. The possibility of settlement;

7. The disposition of pending motions;

8. The possibility that all evidence can be submitted by affidavits, transcripts, and other documents; and

9. Such other matters as may aid in the disposition of the action.

(c) After any conference held pursuant to this regulation, the parties shall set forth in a written stipulation, to be filed with the hearing examiner, any matters no longer in dispute. As to those matters for which no agreement has been reached, but which require a ruling from the hearing examiner, the hearing examiner shall enter an order reciting the ruling.

(d) At any time considered appropriate by the hearing examiner, or at the request of a party, the hearing examiner may enter a scheduling order that sets the date for the hearing on the merits and other hearings deemed necessary or appropriate by the hearing examiner and that limits the time within which the parties may:

1. Amend the complaint or answer without leave of the hearing examiner;

2. File pre-hearing motions;

3. Complete discovery;

4. File pre-hearing briefs.

(e) This section shall not be interpreted to give any party or other person a right to a pre-hearing conference with the hearing examiner. The hearing examiner may direct the parties to participate in a pre-hearing conference without the hearing examiner's presence. The hearing examiner may at any time enter an order on any matter delegated to him, without consulting the parties and without granting oral argument.

(Adopted: 09/25/1991.)

Miss. Code Ann. § 75-76-125

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.