Rule 31-401-8.8 - Removal Proceedings: All County Medical Examiner ("CME") and County Medical Examiner Investigator ("CMEI") removal proceedings will be conducted by the State Medical Examiner's Office pursuant toMiss. Code Ann. § 41-61-57.
1.Hearing Officer: The Hearing Officer shall be the State Medical Examiner or designee. The Hearing Officer shall preside at the hearing, shall be charged with maintaining order at the hearing, and shall rule on all questions of evidence and procedure. 2.Notice of Hearing: The Hearing Officer shall send a notice of hearing to any CME or CMEI who is subject to removal for inefficiency or other good cause pursuant to Miss Code Ann. § 41-61-57. The notice of hearing shall contain a narrative statement of the conduct which will be subject to review at the hearing. The notice shall be sent to the CME or CMEI by certified mail return receipt requested and provide at least fifteen (15) working days' notice of the hearing date.3.Appearance: The CME or CMEI shall appear at the date and time set for the hearing. The CME or CMEI may send a written statement of waiver if he or she intends to waive the hearing. Any CME or CMEI who fails to appear at the hearing will be deemed to have waived his or her right to a hearing. Such waiver will establish an admission of all misconduct as presented in the narrative statement and will result in the issuance of a final order by the Hearing Officer. 4.Legal Representation: The CME or the CMEI may be represented by counsel at the hearing. Counsel at the hearing may confer with his or her client, but may not ask questions or cross-examine witnesses.5.Rules of Evidence and Discovery: Formal rules of evidence and procedure, including discovery, do not apply in removal hearings. The Hearing Officer shall be the sole determiner regarding admissibility of evidence at the hearing. 6.Attendance of Witnesses: The CME or CMEI must notify the Hearing Officer at least three (3) working days prior to the hearing and any witnesses that intend to testify on their behalf at the hearing. Failure to provide such notification will result in the hearing going forward without the requested witnesses. The CME or CMEI will be responsible for sending such notification to the Hearing Officer and responsible for making sure any witnesses are present at the hearing. Failure of a witness to show for the hearing shall not be cause for a continuance. 7.Order of Proceedings: The Hearing Officer shall present his case first, followed by the CME or CMEI. The Hearing Officer then will have the opportunity present any rebuttal evidence. 8.Burden of Proof: If the Hearing Officer finds substantial evidence proving inefficiency or good cause on the part of the CME or CMEI, the Hearing Officer may order removal of the CME or CMEI from office. Here substantial evidence means more than a scintilla, but less than a preponderance. 9.Recommendation and Final Order: At the conclusion of the hearing, or within a reasonable time thereafter, the State Medical Examiner shall submit his Final Order to the CME or CMEI outlining the proof presented and stating whether a basis for removal of the CME or CMEI prior to the expiration of the term exists. The final order will become effective immediately upon delivery to the CME or CMEI. 31 Miss. Code. R. 401-8.8
Miss. Code Ann. § 41-61-57, Miss. Code Ann. § 41-61-63.