Mississippi Administrative Code
Title 27 - Personnel
Part 120 - Mississippi State Employee Handbook
Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose
Section 27-120-9.16 - CONDUCT OF HEARING

A. The hearing is de novo, affording the appealing party all procedural due process.

B. The responding agency may have a representative, in addition to its attorney, remain in the hearing room during the entire course of the hearing, even though the representative may testify. The appealing party may remain in the hearing room throughout the hearing. The presiding hearing officer has authority to control the presence of witnesses in the hearing location.

C. The presiding hearing officer is authorized to administer oaths and affirmations and will take testimony under such oaths and affirmations.

D. Parties may be represented by counsel licensed to practice in Mississippi.

E. The presiding hearing officer will afford the parties, witnesses, and representatives respect and fairness consistent with their duty to maintain decorum and exercise due diligence.

F. The presiding hearing officer is authorized to sanction parties and representatives for inappropriate behavior and failure to follow these rules. Such sanctions include but are not limited to: default judgment, taking a negative inference, or limiting evidence, provided his or her reasons for taking such action are in the record.