20 Miss. Code R. § 101-200-200.03

Current through September 24, 2024
Section 20-101-200-200.03 - Disqualification Duties; Reports; Conflicts of Interest:
(A) An Administrative Law Judge (ALJ) or Board of Review Member (Board Member) may not participate in the hearing of an appeal in which they have an interest. Challenges to the interest of an ALJ or Board Member who refuses to recuse themselves may be heard and decided by the Chairman of the Board of Review.
(B) Whenever an ALJ is disqualified or it becomes impracticable for the ALJ to continue the hearing, another ALJ may continue with the hearing. If it is shown that substantial prejudice to any party will result, the new ALJ shall start the hearing over with a blank record. Whenever a Board Member is disqualified or it becomes impracticable for the Board Member to continue the hearing review, the remaining Board Members may continue with the review. If it is shown that substantial prejudice to any party will result, the remaining Board of Review members shall disregard prior discussions and start the hearing review over.
(C) Ex parte Communications: An ex parte communication is an off-the- record communication between a presiding ALJ or Board Member and one party to the appeal without the other partys presence. This practice is generally not acceptable. Further, the ALJ and the Board of Review shall maintain independent decision making from one another.
(1) In any adjudicatory proceeding, no Board Member or ALJ authorized to take final action or to make findings of fact and conclusions of law shall communicate directly or indirectly in connection with any issue of fact, law, or procedure, with any party or other persons legally interested in the proceeding, except with proper notice and opportunity for all parties to participate.
(2) This subsection does not prohibit Board Members from:
(a) Communicating in any respect with other Board Members; or
(b) Having the aid and advice of their own staff, counsel or consultants retained by the Board of Review who have not participated and will not participate in the Board of Review proceeding in an advocate capacity.
(3) This subsection does not prohibit any ALJ from:
(a) Communicating in any respect with other members of the Appeals Department; or
(b) Having the aid or advice of those members of her own staff, counsel or consultants retained by the Appeals Department who have not participated and will not participate in the Appeals Department proceeding in an advocate capacity.

20 Miss. Code. R. § 101-200-200.03