Rule 1-13-11.4 - Administrative Hearing Procedures Administrative Hearing Procedures
A. Written notice shall be provided to any Scrap Metal Dealer or other person against whom the Attorney General or Secretary of State intends to institute an administrative hearing pursuant to the Act or these Rules.B. Such notice shall be by certified mail, return receipt requested, and shall set forth the date, time and place for the administrative hearing and shall also designate a Hearing Officer.C. Any Party wishing to appear or introduce evidence or other testimony at the administrative hearing shall, no later than four (4) business days prior to the hearing date, file with the Hearing Officer and the opposing party a list of witness which it intends to call to testify or to otherwise give evidence. The list shall contain for each witness:2 Residential and business address, if known;3) Residential and business telephone number, if known;4) A brief summary statement indicating the substance of the person's expected testimony.D. Upon request by any Party, any documents, papers, or tangible things to be introduced by any Party at the hearing shall be made available for inspection and copying by the requesting Party no later than four (4) business days prior to the hearing date.E. 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 witnesses not under examination.F. 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.G. The hearing shall be informal and technical rules of evidence shall be relaxed. All witnesses who appear and testify under oath shall be subject to cross-examination.H. 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.I. Documents received into evidence by the Hearing Officer shall be marked by him or her, or under his or her direction, entered into evidence and made a part of the record in the cause.J. Rebuttal and surrebuttal evidence may be heard at the discretion of the Hearing Officer.K. At the hearing, the Attorney General or the Secretary of State or the Division shall be the first to present evidence.L. The Attorney General or the Secretary of State or the Division shall have the burden of proving its allegations by a preponderance of the evidence. Fraud must be proven by clear and convincing evidence.M. A record of testimony at the hearing may be made by other than stenographic means.N. It shall be the responsibility of any Party desiring to preserve by stenographic means a record of testimony at the hearing to:1) arrange for a court reporter to make a stenographic recording of the hearing;2) pay all fees and expenses for such recording and transcription directly to the court reporter.O. A true and correct copy of said stenographic recording shall be made available to any Party requesting it, provided such Party agrees to pay the expense of such copy.P. After all evidence is heard or received and the hearing is completed, the Hearing Officer shall, within a reasonable time thereafter, prepare and file written findings of fact and conclusions of law. The Secretary of State shall review the Hearing Officer's findings and conclusions and all exhibits entered into evidence, and, if desired, order a transcript of the hearing. Thereupon, the Secretary may issue a Final Order adopting and accepting the Hearing Officer's findings of fact and conclusions of law; reject the findings in whole or in part and issue new findings of fact and conclusions of law with a Final Order; or remand the case to the Hearing Officer for additional findings or clarification of key issues. A case is not concluded until issuance of a Final Order by the Secretary of State. All findings and final orders shall be sent via certified mail, return receipt requested, to all Parties who appeared at the administrative hearing or their attorney or authorized representative.Q. Continuances requested by any Party will be granted within the discretion of the Hearing Officer only for good cause shown.R. In computing any period of time prescribed or allowed under these Rules, the Hearing Officer and all Parties shall be guided by the Mississippi Rules of Civil Procedure. Miss. Code Ann. § 97-17-71.1(1)(b).