Current through September 24, 2024
A.
Scope:
The Mississippi Department of Human Services' regulations for child placing agencies and residential child caring agencies allows for the following:
1. Administrative Grievance Hearing is afforded to all licensure applicants (in the event an application for licensure or renewal of a license is denied or a license is revoked).
2. Availability and Conditions: a. The following conditions must be met before an Administrative Grievance Hearing can be held:
i.First, it must be a matter which can be reviewed as set out in number one (1) above.
ii. The aggrieved party must file an appeal by submitting, in writing, a request for an administrative hearing within ten (10) working days of the date of the Department's written notice of action sent to the individual or agency.
iii. The hearing shall be held as soon as possible, but no later than sixty (60) days after the receipt of the request.
B.
Responsibilities of the Administrative Hearing Officer:
1. Schedule a date, time and place for the hearing
2. The Administrative Hearing Officer shall send a written notice of the scheduled hearing via Certified Mail, Return Receipt Requested, at least thirty (30) calendar days prior to the hearing date to the petitioner. If the individual requesting the appeal cannot appear at the time and location of the hearing, the individual must notify the hearing officer within ten (10) calendar days of receipt of the hearing notice to give explanations and make arrangements for rescheduling.
3. Notify the Department of the scheduled hearing
4. Notify the Department of any rescheduling
5. In the case of a Grievance Hearing, prepare and file a written finding of facts and recommendation and forward within thirty (30) days to the DFCS Division Director. The decision of the Director is final.
6. Mail decisions to each party or attorney via Certified Mail, Return Receipt Requested
C.
Responsibilities of the Department:
Contact the Administrative Hearing Officer with information regarding the request.
D.
Integrity of the Process:
All persons and their representatives participating in the proceedings for hearing cases shall follow the process and procedure as set forth herein, including but not limited to, being orderly, timely, ethical, honest, decent and respectful of others in all aspects of these proceedings.
E.
Ex parte
Communication:
Ex parte communication is prohibited. An ex parte communication is an improper oral or written communication to the Administrative Hearing Officer which is not on the record and reasonable prior notice was not given to all parties. This does not include discussions concerning strictly procedural matters, such as scheduling of the hearing. No party or other person directly or indirectly involved in the proceedings shall submit to the Administrative Hearing Officer any evidence, argument, analysis, inquiry, or advice whether written or oral, regarding any matter at issue in the proceedings unless such submission is being made part of the record in the presence of all parties. This excludes Department files regarding the case which the Administrative Hearing Officer will review in preparation for the hearing.
F.
Withdrawal and Dismissal:
The failure of a party to attend or participate in a scheduled hearing after due notice will result in a dismissal of the appeal and the presiding Hearing Officer may dismiss the hearing.
G.
Place of Hearing and Knowledgeable Participants:
The hearings will be held in a location convenient for the parties and where the Administrative Hearing Officer deems appropriate. The Hearing Officer will have discretion in deciding location but shall take into consideration the location of the parties to be heard. The Hearing Officer may require the presence of witnesses and evidence on behalf of the applicant, licensee, or the Department. The parties are expected to make knowledgeable participants and employees available where necessary. A party's witnesses should, in general, know the file or record and be prepared to explain how it supports that party's contentions. Each party shall file with the Hearing Officer a list of witnesses they plan to call at least ten (10) calendar days prior to the hearing. The list shall contain the following:
* Name(s)
* Current Residence/Address (city, phone number, etc.)
* Brief description of testimony
H.
Representation for Petitioner:
Any licensee or applicant may appear in person or be represented by an attorney at the licensee or applicant's own expense.
I.
Department's Legal Representation:
The Department shall be represented by a Special Assistant Attorney General.
J.
Disruptive Persons:
The Administrative Hearing Officer shall have authority to take reasonable steps to maintain the decorum of the hearing, including clearing the hearing room of any person who is disruptive.
K.
Conduct of Hearing:
1. The Administrative Hearing Officer is in charge of proceedings. The Mississippi Rules of Evidence shall be relaxed for these Administrative Hearings. The Administrative Hearing Officer has the authority to examine witnesses and rule on admissibility of evidence. The Administrative Hearing Officer also has the authority to establish reasonable time limits for conducting individual hearings and requests for additional information. The Administrative Hearing Officer has the authority to issue any orders necessary to enforce his/her rulings.
2. Subject to the Administrative Hearing Officer's rulings, opportunity must be given to all parties to respond and present evidence and argument on all issues involved. Also, the parties will have an opportunity to call any witnesses desired, but within limits set by the Administrative Hearing Officer.
3. The Administrative Hearing Officer may grant a postponement or continue the hearing for just cause. A motion for continuance of the hearing must be in writing and must be filed with the Administrative Hearing Officer. Once the action has proceeded to a hearing, no continuance may be granted without the consent of all parties involved.
4. An audio recording will be made of each hearing.
5. The parties of the hearing may conduct cross-examinations required for a full and true disclosure of the facts.
6. Before or during the hearing, the Administrative Hearing Officer may call or request any party to call a witness or witnesses that the Hearing Officer believes necessary to make a final decision.
7. At the hearing, the Department shall be the first to present all the evidence on its case- in-chief. The appealing party shall follow in presenting the same.
8. Upon notifying the parties, the Administrative Hearing Officer may communicate with Department employees who have not participated in the hearing for the purpose of using the special skills or knowledge of the Department and its staff in evaluating the evidence. The employee's communication is not part of the hearing and need not be recorded.
9. Hearings will not be opened to the general public and will be as informal as reasonably possible, keeping in mind the need to establish an orderly record. The Administrative Hearing Officer will admit evidence unless it is determined to be clearly irrelevant, immaterial, or unduly repetitious, so the parties should avoid frequent objections to questions and documents. The parties may introduce exhibits at the hearing after explaining to the Hearing Officer the necessity of admitting the exhibit as evidence or for the purpose of clarification.
10. At all hearings, each party, witness, attorney, or other person must show proper dignity, courtesy and respect for the Administrative Hearing Officer and others participating in the hearing. The Administrative Hearing Officer is authorized to act as he/she considers necessary and appropriate to maintain proper decorum and conduct. Actions may include, but are not limited to recessing the hearing to be reconvened at another time or location in Jackson, Mississippi or excluding from the hearing any party, witness, or attorney for a period and under the conditions that the Administrative Hearing Officer considers fair and just.
L.
Order of Hearing Proceeding:
1. A general outline as to the conduct of a contested case proceeding is offered here for the benefit of the parties. However, a departure from this outline in order to expedite the matter or ensure the fairness of a proceeding would not be a violation of this section.
2. Administrative Hearing Officer may confer with the parties prior to the hearing to explain the order of proceedings, admissibility of evidence, to discuss the number of witnesses and other matters.
3. The hearing is called to order by the Administrative Hearing Officer.
4. Administrative Hearing Officer introduces him/herself and gives a brief statement of the nature of the proceedings, including a statement of the Administrative Hearing Officer's role in making legal rulings.
5. Administrative Hearing Officer calls upon the parties, their respective attorneys, and any other officials who may be present at the hearing to introduce themselves for the record.
6. Administrative Hearing Officer may exclude witnesses from the hearing room except during their testimony. If so, all witnesses are instructed not to discuss the case during the pendency of the proceeding. Notwithstanding the exclusion of the witnesses, parties will be permitted to stay in the hearing room along with their respective attorneys.
7. Any preliminary motions, stipulations, or agreed orders are presented.
8. Opening statements are allowed by both the Department and the aggrieved party.
9. The Department calls witnesses and the questioning proceeds as follows:
a.The Department questions.
b. Aggrieved party cross examines.
c. The Department redirects.
d. Aggrieved party re-cross examines.
e. Administrative Hearing Officer questions.
10. Petitioner calls witnesses and questioning proceeds as follows:
a.Aggrieved party questions.
b. The Department cross examines.
c. Aggrieved party redirects.
d. The Department re-cross examines.
e. Administrative Hearing Officer questions.
11. After all evidence has been heard, the Administrative Hearing Officer will adjourn the hearing.
M.
Recommended and Final Decisions:
Following the adjournment of the grievance hearing for the aggrieved party, the Hearing Officer will prepare a Recommended Decision. Within thirty (30) days, the Recommended Decision of the Administrative Hearing Officer will be forwarded only to the DFCS Division Director for review and consideration. The Director may adopt the Recommended Decision or modify the Recommended Decision. The Director shall subsequently forward the Final Decision of the Department to the attorneys of record, or if the party is not represented by an attorney, the Final Decision will be forwarded to that party.
