Mississippi Administrative Code
Title 27 - Personnel
Part 120 - Mississippi State Employee Handbook
Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose
Section 27-120-9.11 - MOTIONS

Universal Citation: MS Code of Rules 27-120-9.11

Current through September 24, 2024

A. Parties may file written motions, including requests for continuance, with the Administrative Office. The request must state the grounds, whether the party desires a hearing, and any relief requested. The other parties shall have ten (10) days after service of the motion on the parties to respond to such motion. The presiding hearing officer assigned to the case will promptly act upon the request. After a Motion is filed, it is at the presiding hearing officer's discretion whether to hold a hearing on the Motion. The presiding hearing officer may rule on Motions without holding a hearing. Motions not filed in a timely manner pursuant to this rule will be heard only at the discretion of the presiding hearing officer.

B. Motions for continuance and Motions to Amend the Notice of Appeal will be granted only for good cause or upon the agreement of both parties.

C. No party shall be granted more than one motion for continuance except in the case of extreme emergency or unusual hardship, as determined by the presiding hearing officer. Except for extraordinary reasons, motions for continuance may not be filed any later than fourteen days before the scheduled hearing.

D. For purposes of this rule, requests for subpoenas and subpoenas duces tecum shall be considered motions.

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