35 Miss. Code. R. 101-6.2 - Method and Standard for Presentation of Evidence at Record Hearings before the Board

A. Since an official transcript is to be made of the hearing of an administrative appeal covered by this Chapter, the Board will only consider the testimony and documents introduced into evidence at the hearing, the facts and documents stipulated to by the parties and the facts of which it can take judicial notice.

B. Except as provided in subsection C below, stipulations of fact entered into by the parties, if in writing, shall be introduced as an exhibit at the hearing before the Board, but if not in writing, shall be stated at the hearing and taken down by the court reporter as part of the record of the hearing.

C. If an administrative appeal is submitted to the Board without a formal hearing based solely on the stipulations of the parties, the stipulation shall be signed by both parties with any stipulated documents attached and identified by exhibit numbers and the original signed stipulation with documents attached will be filed with the Executive Director.

D. If a party offers testimony at a hearing through the examination of a witness or where a party representing himself testifies at the hearing by making a statement, the person so testifying shall be sworn in by the presiding board member or the court reporter. Any other party to the administrative appeal shall be entitled to cross-examine the person testifying and any board member may ask questions of this person.

E. If a board member asks questions after the examination of the person by the parties has been completed, the parties to the administrative appeal will be given the opportunity to also question the person, but such questioning shall be limited to the area of examination by the board member. The order of such questioning will be determined by the presiding board member.

F. The Mississippi Rules of Evidence will apply at hearings held in the administrative appeals covered by this chapter, but they will be relaxed. Relevant hearsay evidence may be presented and introduced into evidence unless the presiding board member determines that such evidence lacks trustworthiness.

G. If the Department or the ABC Division determines after the action or order from which the administrative appeal was filed that there are additional and/or different facts and/or charges on which to base the order or action being appealed, these additional and/or different facts and/or charges may be used by the Department or the ABC Division in an administrative appeal under this Chapter to support its order and/or action, if the Department or the ABC Division provides the appellant with reasonable notice of such facts and charges before the hearing in the administrative appeal.

H. Any party offering a document into evidence at the hearing before the Board in an administrative appeal covered by this Chapter shall provide all other parties to the administrative appeal and the Executive Director with a copy of the document before or at the time that the document is offered into evidence.

I. The Board may also take judicial notice of the following without the introduction of additional evidence:

1) Records and files maintained by the Board; and

2) Any fact that may be judicially noticed by the courts of this state.

J. If it is determined that the testimony of witnesses at the hearing shall be repetitive and limiting such repetitive testimony will not prejudice a party in the administrative appeal, the Executive Director, prior to a hearing, or the presiding board member, at the hearing, may direct the party or parties offering such repetitive testimony to limit the number of witnesses testifying to the same matter.

Notes

35 Miss. Code. R. 101-6.2

Miss. Code Ann. § 27-4-3(l)(a)(Rev. 2010)