Mississippi Administrative Code
Title 18 - HUMAN SERVICES
Part 23 - Division of Administration Hearings
Chapter 2 - Definitions

Abandoned: A hearing is abandoned when the initiating party fails to appear or attend the proceeding. Abandonment results in a hearing being vacated and may serve as a procedural bar to future appeals

Adverse Action: An action taken by the Agency contrary to the interest of an Agency program applicant, participant, or administrator in participating in or administering Agency programs.

Appellant: An Agency program applicant, participant, or administrator who disagrees with an adverse action taken by the Agency and requests a Programmatic Quality Control Review Administrative Agency Appeal.

Burden of Proof: In a legal proceeding, one party has the responsibility of showing that they are correct, while the other party had no such responsibility and is presumed to be correct. The party carrying the burden of proof or the weight of the burden may differ depending on the nature of the proceeding.

Client: Agency program participants who receive a benefit or service from the Agency.

Entry of Appearance: A legal document stating that an attorney represents a party in a legal matter. An Entry of Appearance is required for attorneys seeking to represent a party in an Agency proceeding.

Ex Parte Communication: An improper oral or written communication to a Hearing Officer that is not on the record and is made without the knowledge of other parties.

Good Cause: A legally sufficient reason for a ruling or action by a Hearing Officer. Good cause is the burden placed on a party by a Hearing Officer to establish why a request should be granted or an action excused.

Hearing Officer: An impartial decisionmaker who oversees the administration of a hearing. The Hearing Officer may render a decision in the matter.

Informal Disposition: A manner of resolving an Agency proceeding without relying on the normal processes of a hearing and a decision.

Intentional Program Violation: An intentional violation of Agency program rules and requirements that may result in penalties for the violating Client.

Motion: A request made to the Hearing Officer asking for a desired ruling or order.

Organized Response: A Subgrantee's evidentiary submissions that must be submitted alongside its written request for an appeal. A Subgrantee shall not be allowed to submit additional evidence beyond its Organized Response.

Pre-Hearing Conference: A pre-hearing proceeding administered by a Hearing Officer to prepare the parties for the administration of the hearing.

Pre-Hearing Statement: A statement submitted on behalf of a party to identify and clarify the factual and legal issues in advance of a hearing.

Programmatic Administrative Disqualification Action: An action initiated by the Agency whenever documented evidence exists that a Client has intentionally violated Agency program rules and requirements.

Programmatic Quality Control Review Administrative Agency Appeal: An administrative appeal heard by a Hearing Officer when an Appellant appeals an adverse action.

Questioned Cost: Funds questioned by an Agency, State, Federal, or other authorized auditor that are expended by the Subgrantee and are not in compliance with the terms and conditions of the Subgrant/Agreement or with any other compliance or Federal requirements.

Subgrant Administrative Agency Appeal: An administrative appeal where a Subgrantee can contest demands for repayment issued by the Agency.

Subgrant Administrative Hearing: The first stage of a Subgrant Administrative Agency Appeal, which occurs upon a Subgrantee's timely submission of a written request and an Organized Response. A Subgrant Administrative Hearing is a hearing during which a Subgrantee presents evidence and testimony to a Hearing Officer.

Subgrant Administrative Hearing Officer: An impartial decisionmaker assigned by the Agency to conduct the Subgrant Administrative Hearing and render a decision, if necessary.

Subgrant Administrative Hearing Review: The second and final stage of Subgrant Administrative Agency Appeal, which occurs upon the Subgrantee's timely written request. A Subgrant Administrative Hearing Review is a review of a Subgrant Administrative Hearing case record by the Subgrant Administrative Hearing Review Officer.

Subgrant Administrative Hearing Review Officer: An impartial decisionmaker assigned by the Agency to review the Subgrant Administrative Hearing case record and either adopt, modify, or overturn the Subgrant Administrative Hearing Officer's decision. The Subgrant Administrative Hearing Review Officer shall be a person different than the Subgrant Administrative Hearing Officer.

Subgrant/Agreement: An award provided through a contractual arrangement by the Agency to a Subgrantee to carry out part of a Federal award received by the Agency. It does not include payments to a contractor or payments to an individual or entity that is a beneficiary of a Federal program.

Subgrantee: A recipient of an Agency subgrant. Subgrantees are subject to specific responsibilities in exchange for funding. A Subgrantee may face adverse actions or penalties resulting from said Subgrantee's failure to meet requirements established by a Subgrant.

Waiver: A document signed by a Client waiving their right to participate in a Programmatic Administrative Disqualification Action.

Withdrawn: An action taken by the initiating party to recall or retract a request for a hearing.