Mississippi Administrative Code
Title 27 - Personnel
Part 120 - Mississippi State Employee Handbook
Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose
Section 27-120-9.17 - EVIDENCE

A. Hearings shall be informal, and technical rules of evidence and civil procedure shall be relaxed.

B. All witnesses shall testify under oath and shall be subject to cross- examination.

C. All parties shall have the opportunity to respond and present evidence and argument on all relevant issues. All relevant evidence is admissible, but the presiding hearing officer may exclude evidence if its probative value is outweighed by the danger of unfair prejudice, by confusion of the issues, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. The presiding hearing officer shall exercise reasonable control over the manner and order of cross-examining witnesses and presenting evidence to make the cross-examination and presentation effective for ascertaining the truth, avoiding needless consumption of time, and protecting witnesses from harassment or undue embarrassment.

D. In the appeal of formal disciplinary action, the presiding hearing officer shall hear or receive evidence on only those reasons and allegations contained in the responding agency's formal disciplinary notice to the employee of such action.

E. Documents received into evidence by the presiding hearing officer shall be marked by him or her, or under his or her direction, and filed for the record of the appeal.

F. Rebuttal and surrebuttal evidence may be heard in the discretion of the presiding hearing officer.

G. Summations of the evidence and the law may be heard in the discretion of the presiding hearing officer.

H. Unless the presiding hearing officer leaves the record open for additional evidence or submission of briefs, the record shall be considered closed five (5) working days after the conclusion of the hearing, and no additional evidence or documentation shall be submitted.