Section 20-101-200-200.02 - Scheduling of Hearings before the Appeals Department(A) Telephone Hearings: Filed appeals will be set for a hearing to be conducted using a telephone conferencing system, unless a request for a Video Conference or In-person Hearing is made and the Department determines it necessary. (1) In-person Factors: Factors that will be considered prior to granting a request for a Video Conference or In-person Hearing include, but are not limited to, the timeliness of the request, the location of the hearing if held in-person, cost factors for the Agency and the parties, the number of witnesses and/or exhibits to be introduced, credibility issues, sense related issues (i.e. visual appearance), interpreter issues, and any clear and present safety concerns.(2) Scheduling of a Hearing: Within fifteen (15) days of the receipt of an appeal (barring extraordinary circumstances) the Appeals Department of the Agency (the Appeals Department), shall schedule the appeal for a hearing before an ALJ. At least seven (7) days prior to the scheduled hearing date, a Notice of Hearing shall be sent by regular mail or electronically to the parties interested in the determination being appealed.(3) Contents of the Notice of Hearing:(a) A statement of the legal authority and jurisdiction under which the proceeding is being conducted;(b) A reference to the applicable statutes and rules;(c) A statement of the issues to be decided;(d) A statement of the time (and if in person the place) of the hearing;(e) A phone number that the parties must call the day before and leave their phone contact number for the time of the hearing.(B) Consolidation: If the Agency determines that a number of appeals cases are similar in facts and circumstances, the Agency has the discretion to consolidate the cases. The Agency shall advise the parties to select from their members an individual to act as representative for their side (a claimants representative and an employers representative).(C) Exhibits: A party desiring to offer exhibits as evidence shall provide copies to the Appeals Department and the opposing party which must be post marked, faxed, hand-delivered, or sent by electronic delivery, no less than three (3) days prior to the hearing unless approval for a later date is requested and granted for good cause. (1) Information submitted to the Agency is not part of the appeals record unless discussed at the hearing and entered in the record. See Section 200.04(D), Page 11 of these regulations for more on exhibits, evidence, and the record.(D) Continuances: A request for a continuance must be made no later than three (3) days prior to the scheduled date of the hearing. A request for a continuance must include reasons that constitute good cause for granting the continuance. The need to attend to other business does not constitute good cause. A request for continuance does not grant a stay of the scheduled hearing. The Appeals Department must affirmatively grant the request or the hearing remains as scheduled. In determining whether there is good cause to grant a continuance, the following factors will be considered: (1) The amount of time between the receipt of the Notice of Hearing and the request for continuance;(2) What actions the party requesting the continuance has taken to attend the hearing;(3) Whether the request for continuance is due to illness or incapacity;(4) Whether granting the continuance would result in a decision being issued over thirty (30) days after the appeal was filed; and(5) To the extent the reason is the unavailability of counsel and whether there are other attorneys in the firm that may represent the requesting party.20 Miss. Code. R. § 101-200-200.02