Section 20-101-200-200.04 - Conduct of Hearings(A) The ALJs duties are to:(1) preside over and control the hearing;(2) maintain the official timepiece of the hearing;(3) administer oaths and affirmations;(4) rule on the admissibility of evidence;(5) set the time and place for continued hearings;(6) when warranted, fix the time for filing evidence, briefs, and other written submissions; and(7) take other actions authorized by the Law and these Regulations.(B) Every interested party shall have the right to present evidence and arguments on all relevant and noticed issues during the course of a hearing. This shall be done through the opportunity to testify, call and question witnesses, question or cross examine the other party and their witnesses that testify, present exhibits, and object to the other partys exhibits.(C) The parties to an appeal, with the consent of the ALJ, may stipulate to facts involved in writing or on the record. The ALJ may decide the appeal on the basis of the stipulated facts or, in their discretion, may proceed with a hearing and take such further evidence as they deem necessary to determine the facts and proper decision.(D) Evidence (Testimony and Exhibits):(1) Hearsay evidence may be admitted and weighed accordingly. Generally, evidence will only be admitted and/or given weight if:a. it meets a hearsay exception, orb. is from a source normally considered reliable, orc. is corroborated by other witnesses, ord. the ALJ otherwise determines that, in his or her opinion, the hearsay may be relied upon considering all of the facts and circumstances.(2) All testimony shall be under oath. The ALJ shall administer an oath to all witnesses before they testify in a proceeding.(3) Exhibits to be offered into evidence at the hearing must be submitted as described in 200.02 (D) above. A party or witness must explain what the exhibits are, and then must request the exhibits be entered as evidence. Prior to entering exhibits into the record as evidence, the ALJ will give the other party an opportunity to object to the admission. The ALJ will then decide whether or not to enter the exhibits in as evidence.(4) Parties should submit all relevant documents prior to the hearing date in accordance with 200.02(D). Further, parties should bring individuals with firsthand knowledge of facts and events regarding the issues to the hearing as witnesses.(5) When the decision is made, the ALJ will consider only the evidence entered into the record during the hearing, or evidence from which judicial notice is taken.(6) The ALJ and the Board of Review may take judicial notice of evidence, including Agency generated documents and forms, which shall then become record evidence. Judicial notice for purposes of these regulations is defined as: (a) that which is commonly known or accepted; (b) that which is accepted as an authority on a matter especially of a scientific or technical nature; (c) that which is generated by a Court, Agency or other government body; or (d) that which is the best evidence available to prove or disprove a fact in the case; and (e) such evidence is admissible without being formerly explained and offered by a party.(7) Facts entered through judicial notice will be indicated as such in the record and/or the decision.(8) If an appeal is made to the Board of Review, only testimony and exhibits entered into evidence at the hearing, or otherwise submitted by the ALJ with the appeal, will be included in the appeals record forwarded to the Board of Review. Only the record transcript and exhibits before the Board of Review will be submitted to the Courts, including additional evidence, exhibits, and testimony taken by the Board.(E) Sequestration of Witnesses. All witnesses present, not including any interested party or their designated representative, who has not yet testified in the proceeding before the Board of Review or Appeals Department, may be sequestered at the request of a party or the discretion of the ALJ or Board of Review. Witnesses who have testified, but who may be recalled to testify further may also be sequestered at the request of any party or upon the initiative of the Board of Review or the ALJ.
(F) Subpoenas.(1) Subpoenas to compel the attendance of witnesses and the production of records for a hearing of an appeal may be issued by a member of the Board of Review or by the ALJ before whom the hearing is scheduled. A subpoena will only be issued if a request showing the necessity for the issuance of the subpoena is made in writing and the ALJ or Board of Review deems it necessary.(2) Witnesses subpoenaed for hearings before an ALJ or the Board of Review shall be paid a daily witness fee amount, as well as a mileage per diem for in-person hearings according to the rates provided in Section 25-3-41 of the Law.(3) No witness fee shall be allowed a witness who does not appear at the hearing when called or who is disqualified from testifying. No witness fees or mileage will be paid unless the ALJ or the Chairman of the Board of Review before whom the witness was called to testify certifies the attendance of the witness and the amount of witness fee to which she is entitled. One copy of such witness certificate shall be given to the witness, one transmitted to the Agency, and one copy preserved in the file of the case.(G) Record: A record shall be kept of the proceedings, which shall include the following: (1) All applications, pleadings, motions, preliminary and interlocutory rulings, and orders;(2) Evidence received or considered;(3) A statement of facts officially noticed;(4) Offers of proof, objections, and rulings thereon; and(5) Proposed findings and exceptions, if any;(6) The decision of the Board of Review and the Appeals Department The record does not include documents submitted to the Agency prior to an appeal being filed that are not either resubmitted after the appeal is filed or discussed during the hearing.
(H) Other recordings: In order to assure the confidentiality of hearings before an ALJ, no party or participant at a hearing shall be permitted to record such hearing by any means, and the recording made by the ALJ shall be the official record of the proceeding. This prohibition is pursuant to the provisions of Sections 71-5-127 and 71-5-525 of the Law.(J) Dismissal Due To Behavior. In the event any party or party's representative during a hearing conducts themselves in a manner determined by the ALJ to be disrespectful, and who, after having been warned once to stop, fails to stop, shall be dismissed from the hearing. If, in the ALJs opinion, justice requires that the party be granted a continuance to obtain another representative, then it shall be granted.20 Miss. Code. R. § 101-200-200.04