18 Miss. Code. R. 23-4.7

Current through December 10, 2024

Rule 18-23-4.7 - Continuing, Expediting, or Reconvening a Hearing

A Hearing Officer may continue, expedite, or reconvene a hearing. The Hearing Officer may continue, expedite, or reconvene a hearing upon their own action or upon granting a timely motion by a party. For all non-Agency parties, the Hearing Officer shall only grant one (1) motion for a continuance. All additional motions for continuances made by non-Agency parties shall be denied. When ruling on a motion for a continuance or expedition, the Hearing Officer shall consider factors such as, but not limited to, the following:

1. The time remaining between the submission of the motion and the hearing date;

2. The position of other parties;

3. The reasons for expediting the hearing or the unavailability of the moving party on the date of the scheduled hearing;

4. Whether testimony can be taken telephonically; and,

5. The status of settlement negotiations, if permissible.

The Hearing Officer may recess a hearing and reconvene at a future date by a verbal ruling If a hearing is continued, the time frames for rendering decisions described in Rule 5.7 Programmatic Administrative Disqualification Action Decision and Rule 6.9 Programmatic Quality Control Review Administrative Agency Appeal Decision shall be extended for as many days as the hearing is continued

18 Miss. Code. R. 23-4.7

Miss. Code Ann. 43-1-2(4)(b); 2 C.F.R. § 200.342; 7 C.F.R. § 273.15(c)(4); 7 C.F.R. § 273.16(e)(4).

Adopted 5/10/2023

Amended 10/26/2023

Amended 7/29/2024