PocketLaw | Mississippi Code | Proceedings at hearing before hearing

Proceedings at hearing before hearing examiner; rules relating to evidence and witnesses; official notice of certain information; affidavits

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At all hearings before a hearing examiner other than investigative hearings:
1. Oral evidence may be taken only upon oath or affirmation administered by the hearing examiner.
2. Every party has the right to:
  1. Call and examine witnesses;
  2. Introduce exhibits relevant to the issues of the case, including the transcript of testimony at any investigative hearing conducted by or on behalf of the commission or the executive director;
  3. Cross-examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered in a direct examination;
  4. Impeach any witness regardless of which party first called him to testify; and
  5. Offer rebuttal evidence.
3. If the respondent does not testify in his own behalf, he may be called and examined as if under cross-examination.
4. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and is sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action.
5. The parties or their counsel may by written stipulation agree that certain specified evidence may be admitted even though such evidence might otherwise be subject to objection.
The hearing examiner may take official notice of any generally accepted information or technical or scientific matter within the field of gaming and of any other fact which may be judicially noticed by the courts of this state. The parties must be informed of any information, matters or facts so noticed and must be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the commission.
Affidavits may be received in evidence at any hearing in accordance with the following:
1. The party wishing to use an affidavit must, not less than ten (10) days before the day set for hearing, serve upon the opposing party or counsel, either personally or by registered or certified mail, a copy of the affidavit which he proposes to introduce in evidence together with a notice as provided in paragraph (c) of this subsection.
2. Unless the opposing party, within seven (7) days after such service, mails or delivers to the proponent a request to cross-examine the affiant, his right to cross-examine the affiant is waived, and the affidavit, if introduced in evidence, must be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made in accordance with this paragraph, the affidavit may be introduced in evidence but must be given only the same effect as other hearsay evidence.
3. The notice referred to in paragraph (a) must be substantially in the following form:
  The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the_______________day of_______________ ,2 _______________ . (Here insert name of affiant) will not be called to testify orally, and you will not be entitled to question him unless you notify the undersigned that you wish to cross-examine him. To be effective your request must be mailed or delivered to the undersigned on or before seven (7) days from the date this notice and the enclosed affidavit are served upon you.
  
  _______________
  
  (Party or Counsel)
  
  _______________

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