35 Miss. Code. R. 101-6.4 - Order of Presentation at Hearings

Unless otherwise directed by the presiding board member, a hearing in an administrative appeal covered by this Chapter shall be conducted in the following order:

A. The presiding board member shall call the hearing to order;

B. The presiding board member, the Executive Director or other employee of the Board shall state the style of the administrative appeal being heard, the nature of the administrative appeal and a summary of the decision or action from which the administrative appeal was filed;

C. The presiding board member or the court reporter shall swear in all witnesses, including any party, who expect to testify at the hearing;

D. If requested by a party or upon the presiding board member's own initiative, all witnesses shall be excluded from the hearing room to a location where they cannot hear the testimony of other witnesses in the hearing, except for those witnesses who are either a natural person who is a party to the administrative appeal or an officer or employee of a party which is not a natural person and who has been designated by the party's attorney to be the party's representative at the hearing;

E. Any stipulation of facts and/or documents between the parties shall be admitted into evidence;

F. Each party shall be given the opportunity to make an opening statement;

G. The Department or the ABC Division shall present its evidence;

H. If the administrative appeal involves a written objection and request for hearing in regard to an application for issuance or transfer of an ABC permit and/or an application for a qualified resort area, the party filing such written objection and request for hearing shall present his evidence;

I. If the administrative appeal involves multiple written objections and requests for hearing in regard to an application for issuance or transfer of an ABC permit and/or an application for a qualified resort area, the presiding hearing officer shall determine the order in which such objectors shall present their evidence;

J. The appellant who filed the written appeal with the Executive Director initiating the administrative appeal and/or is the applicant for the ABC permit or qualified resort area to which the written objection and request for hearing referred to in subsection H was filed shall present his evidence;

K. Upon request by a party and only on approval and subject to any restrictions of the presiding board member, the parties may be allowed to present additional evidence after the close of the appellant's case;

L. Each party shall be given the opportunity to make a closing argument; and

M. Upon conclusion of all arguments and evidence, the presiding board member shall bring the hearing to a close.

Notes

35 Miss. Code. R. 101-6.4

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