Mississippi Administrative Code
Title 38 - Treasurer
Part 4 - Uniform Disposition of Unclaimed Property Act
Chapter 6 - Protests
Rule 38-4-6.2 - Administrative Hearings

A. Notice of Administrative Hearing. The Treasurer shall provide written notice of the hearing to the aggrieved party no more than THIRTY (30) days from the Treasurer's receipt of the request. Such notice, delivered by certified mail with return receipt requested, shall set forth the date, time, and place for the administrative hearing and shall also designate a hearing officer.

B. Witnesses. Any party that wishes to appear or to introduce evidence or other testimony at the hearing shall, at least FOURTEEN (14) days prior to the hearing date, file with the hearing officer a list of exhibits to be introduced and any witnesses intended to be called to testify or to otherwise provide evidence. A true and correct copy of such list shall be forwarded to all parties no later than FOURTEEN (14) days prior to the hearing date. The list shall contain for each witness:

C. Documents. Upon request by any party to the hearing, any documents, papers or tangible things to be introduced by any other party to the hearing shall be made available for inspection and copying by the requesting party no later than FOURTEEN (14) days prior to the hearing date. This shall include written reports prepared by any expert retained by any party to testify at the hearing.

D. Conduct of Hearing. The hearing officer shall have the authority to administer oaths and affirmations. Each party may be represented by an attorney or other authorized representative. The hearing officer may clear the hearing room of any witnesses not directly subject to the examination. The hearing officer shall have the authority to maintain the decorum of the hearing and shall take reasonable steps to do so when necessary, including clearing the hearing room of any person who is disruptive.

E. Evidence. All witnesses who appear and testify under oath shall be subject to cross examination. A witness who does not appear may testify by affidavit provided the party presenting the particular witness' affidavit has complied with the requirements of this regulation, thereby affording any other party an opportunity to contact said witness and obtain an affidavit on its own behalf. The hearing officer shall have the authority to admit into the record any evidence which, in his or her judgment, has a reasonable degree of probative value and trustworthiness. The hearing officer shall have the authority to exclude evidence which is irrelevant, immaterial, lacking in probative value, untrustworthy or unduly cumulative. Documents received into evidence by the hearing officer shall be marked by him or her, or under his or her direction, and filed for the record of the appeal. Rebuttal and surrebuttal evidence may be heard at the discretion of the hearing officer. Arguments summarizing the evidence and the law may be heard at the discretion of the hearing officer.

F. Order of Proof: Burden of Proof. At the hearing, the aggrieved party shall be the first to present evidence. The aggrieved party shall have the burden of proving its allegations by a preponderance of the evidence.

G. Preservation and Transcription of Record of Hearing. A record of testimony at the hearing may be made by stenographic or other means, in which event notice shall be given to all parties designating the manner of recording and preserving the testimony. It shall be the responsibility of any party desiring to preserve by stenographic or other means a record of testimony at the hearing to:

H. Order to be Filed upon Completion of Hearing. After all evidence is heard or received and the hearing is completed, the hearing officer shall, within a reasonable time thereafter, prepare and file proposed written findings of fact and conclusions of law and a proposed decision and final order based thereon. The Treasurer shall review the findings and conclusions, and may accept, modify, or reject, in whole or in part, the findings and conclusions. The Treasurer shall thereafter issue a final order, a copy of which shall be sent promptly, via certified mail, return receipt requested, to all parties who appeared at the administrative hearing, or to their attorney(s) or authorized representative(s).

I. Continuances. Continuances requested by any party shall be granted within the discretion of the hearing officer only for good cause shown.

J. Computation of Time. In computing any period of time not specifically prescribed under these rules, the hearing officer shall be guided by the Mississippi Rules of Civil Procedure.