Administrative Hearing Request Packet - Mississippi

ADMINISTRATIVE HEARING REQUEST PACKET

STATE OF MISSISSIPPI

Prepared Under the Mississippi Administrative Procedures Act
Miss. Code Ann. § 25-43-1.101 et seq.

Requesting Party: [________________________________]
Agency: [________________________________]
Agency Docket/Reference No.: [________________________________]
Date of Agency Action Challenged: [__/__/____]
Date of This Packet: [__/__/____]

TABLE OF CONTENTS

1. Cover Letter to Agency
2. Administrative Hearing Request Form
3. Statement of Issues and Facts
4. Filing Instructions and Service Requirements
5. Critical Deadlines and Timelines
6. Discovery and Evidence Procedures
7. Pre-Hearing Conference and Preparation
8. Hearing Procedures and Conduct
9. Post-Hearing Procedures
10. Appeal Rights and Judicial Review
11. Document Checklist
12. Practice Tips for Mississippi Administrative Hearings
13. Sources and References

SECTION 1: COVER LETTER TO AGENCY

[__/__/____]

[________________________________]
[Agency Name]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP]

VIA: ☐ Certified Mail, Return Receipt Requested ☐ Hand Delivery ☐ Electronic Filing ☐ Email (if authorized)

RE: Request for Administrative Hearing
Requesting Party: [________________________________]
Agency Action/Decision Dated: [__/__/____]
Agency Reference/Docket No.: [________________________________]

Dear [________________________________] [Hearing Officer / Agency Director / General Counsel]:

Pursuant to the Mississippi Administrative Procedures Act, Miss. Code Ann. § 25-43-1.101 et seq., and specifically Article IV governing adjudicative proceedings (§ 25-43-4.101 et seq.), the undersigned hereby submits this formal Request for Administrative Hearing on behalf of [________________________________] ("Requesting Party") to contest the agency action described herein.

Nature of Agency Action Being Challenged:

[________________________________]
[________________________________]
[________________________________]

Date Requesting Party Received Notice of Agency Action: [__/__/____]

Statutory/Regulatory Deadline for Filing Request: [__/__/____]

Summary of Relief Sought:

The Requesting Party respectfully seeks the following relief:

☐ Formal adjudicative hearing pursuant to Miss. Code Ann. §§ 25-43-4.201 through 25-43-4.222
☐ Reversal of the agency action/decision dated [__/__/____]
☐ Modification of the agency action/decision as follows: [________________________________]
☐ Stay of enforcement pending hearing (see attached Stay Request)
☐ Award of costs and attorney fees where permitted by law
☐ Other: [________________________________]

Enclosed with this cover letter please find:

1. Completed Hearing Request Form
2. Statement of Issues and Supporting Facts
3. Copy of the agency action/decision being challenged
4. Supporting documentation and exhibits (as permitted at this stage)
5. Stay request with supporting memorandum (if applicable)
6. Certificate of service

The Requesting Party reserves all rights and defenses available under Mississippi law, including but not limited to those provided under the Mississippi Administrative Procedures Act.

Please confirm receipt of this filing and provide any scheduling information or additional instructions at your earliest convenience.

Respectfully submitted,

________________________________________
[Full Name]
[Title / Capacity]
[Bar Number (if attorney): [____]]
[Firm/Organization Name]
[Street Address]
[City, State, ZIP]
[Telephone: [________________________________]]
[Facsimile: [________________________________]]
[Email: [________________________________]]

SECTION 2: ADMINISTRATIVE HEARING REQUEST FORM

STATE OF MISSISSIPPI

REQUEST FOR ADMINISTRATIVE HEARING

Filed With: [________________________________] [Agency Name]
Date Filed: [__/__/____]

PART A: REQUESTING PARTY INFORMATION

Full Legal Name: [________________________________]

Type of Party:
☐ Individual
☐ Corporation
☐ Limited Liability Company
☐ Partnership
☐ Government Entity
☐ Non-Profit Organization
☐ Other: [________________________________]

Mailing Address: [________________________________]
City: [________________________________] State: [____] ZIP: [____]
Telephone (Primary): [________________________________]
Telephone (Alternate): [________________________________]
Email Address: [________________________________]
Facsimile: [________________________________]

PART B: REPRESENTATIVE/ATTORNEY INFORMATION (If Applicable)

Attorney/Representative Name: [________________________________]
Bar Number (if attorney): [________________________________]
Firm/Organization: [________________________________]
Mailing Address: [________________________________]
City: [________________________________] State: [____] ZIP: [____]
Telephone: [________________________________]
Email: [________________________________]

☐ Attorney is authorized to accept service on behalf of the Requesting Party
☐ A Notice of Appearance or Entry of Appearance is attached

PART C: AGENCY ACTION BEING CHALLENGED

Issuing Agency: [________________________________]
Agency Division/Bureau: [________________________________]
Agency Contact Person: [________________________________]
Agency Reference/Docket Number: [________________________________]
Date of Agency Decision/Action: [__/__/____]
Date Notice Received by Requesting Party: [__/__/____]

Description of Agency Action:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Type of Agency Action (check all that apply):

☐ Denial of application or license
☐ Revocation of license or permit
☐ Suspension of license or permit
☐ Imposition of fine or monetary penalty
☐ Denial of benefits
☐ Reduction or termination of benefits
☐ Tax assessment or deficiency determination
☐ Enforcement action or cease and desist order
☐ Regulatory compliance order
☐ Denial of variance or exemption
☐ Professional disciplinary action
☐ Certificate of Need decision
☐ Rate-setting or rate adjustment determination
☐ Environmental permit decision
☐ Other: [________________________________]

PART D: TYPE OF HEARING REQUESTED

☐ Formal adjudicative hearing (Miss. Code Ann. §§ 25-43-4.201 – 25-43-4.222)
☐ Informal conference or proceeding (if available under agency rules)
☐ Hearing de novo (full evidentiary hearing)
☐ Hearing on the record (review of existing administrative record)

PART E: GROUNDS FOR HEARING REQUEST

(Attach additional pages as necessary)

Statutory/Regulatory Basis for Challenge:

1. [________________________________]
2. [________________________________]
3. [________________________________]

Brief Statement of Why the Agency Action Is Contested:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

PART F: STAY REQUEST

☐ The Requesting Party DOES request a stay of enforcement pending the hearing.
☐ The Requesting Party does NOT request a stay at this time.

If stay is requested, briefly state the basis:
[________________________________]
[________________________________]

PART G: ACCOMMODATIONS AND SPECIAL REQUESTS

☐ Interpreter needed (language: [________________________________])
☐ ADA accommodation needed (specify: [________________________________])
☐ Telephonic or video appearance requested
☐ Hearing location preference: [________________________________]
☐ Other: [________________________________]

PART H: VERIFICATION AND SIGNATURE

I, the undersigned, hereby affirm under penalty of perjury that the information contained in this Request for Administrative Hearing is true and correct to the best of my knowledge, information, and belief.

________________________________________
Signature of Requesting Party or Authorized Representative

________________________________________
Printed Name

________________________________________
Title/Capacity

Date: [__/__/____]

SECTION 3: STATEMENT OF ISSUES AND FACTS

IN THE MATTER OF:

[________________________________]
Agency Docket/Reference No.: [________________________________]

I. STATEMENT OF ISSUES

The Requesting Party presents the following issues for adjudication:

Issue 1: [________________________________]
[________________________________]
[________________________________]

Applicable Law: [________________________________]

Issue 2: [________________________________]
[________________________________]
[________________________________]

Applicable Law: [________________________________]

Issue 3: [________________________________]
[________________________________]
[________________________________]

Applicable Law: [________________________________]

Issue 4: [________________________________]
[________________________________]
[________________________________]

Applicable Law: [________________________________]

(Add additional issues as necessary)

II. STATEMENT OF FACTS

The Requesting Party states the following material facts in support of this hearing request:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]
6. [________________________________]
7. [________________________________]
8. [________________________________]
9. [________________________________]
10. [________________________________]

(Add additional facts as necessary)

III. LEGAL ARGUMENT (Summary)

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

IV. RELIEF REQUESTED

Based on the foregoing issues and facts, the Requesting Party respectfully requests that the presiding officer:

1. [________________________________]
2. [________________________________]
3. [________________________________]

V. EXHIBITS AND SUPPORTING DOCUMENTATION

The following exhibits are submitted in support of this Statement (or will be submitted prior to hearing as permitted):

SECTION 4: FILING INSTRUCTIONS AND SERVICE REQUIREMENTS

4.1 Where to File

Under the Mississippi Administrative Procedures Act, hearing requests must be filed with the agency that issued the challenged action. Each Mississippi state agency maintains its own hearing procedures and filing addresses. Common filing destinations include:

Mississippi Department of Revenue (DOR)

Address: Mississippi Department of Revenue
P.O. Box 1033
Jackson, MS 39215-1033
Physical: 500 Clinton Center Drive
Clinton, MS 39056
Website: www.dor.ms.gov

Mississippi State Department of Health (MSDH)

Address: Mississippi State Department of Health
Office of General Counsel
570 East Woodrow Wilson Drive
Jackson, MS 39216
Website: www.msdh.ms.gov

Mississippi Department of Human Services (MDHS)

Address: Office of Administrative Hearings
Mississippi Department of Human Services
200 South Lamar Street
Jackson, MS 39201
Email: [email protected]
Telephone: (601) 359-4921
Website: www.mdhs.ms.gov

Mississippi Department of Insurance

Address: Mississippi Insurance Department
1001 Woolfolk State Office Building
501 North West Street
Jackson, MS 39201
Website: www.mid.ms.gov

Mississippi Real Estate Commission

Address: Mississippi Real Estate Commission
P.O. Box 12685
Jackson, MS 39236-2685
Physical: 2506 Lakeland Drive, Suite 300
Flowood, MS 39232
Website: www.mrec.ms.gov

Other Agency: [________________________________]

Address: [________________________________]
City/State/ZIP: [________________________________]
Email (if electronic filing permitted): [________________________________]
Telephone: [________________________________]

4.2 Methods of Filing

☐ Certified Mail, Return Receipt Requested — Recommended for proof of filing date
☐ Hand Delivery — Obtain date-stamped copy for your records
☐ Electronic Filing — If authorized by the specific agency's rules
☐ Email — Only if expressly authorized by the agency (e.g., MDHS)
☐ Facsimile — Only if expressly authorized by the agency

IMPORTANT: Always confirm the agency's accepted filing methods. Not all agencies accept electronic or email filings. Retain proof of filing (certified mail receipt, date-stamped copy, email confirmation) for your records.

4.3 Service Requirements

Under Miss. Code Ann. § 25-43-4.206, all parties to the proceeding must receive proper notice and copies of filing documents. Service requirements include:

☐ File original with the agency
☐ Serve a copy on the agency's general counsel or designated attorney
☐ Serve a copy on all other known parties to the proceeding
☐ Prepare and file a Certificate of Service

Certificate of Service

I, [________________________________], hereby certify that on [__/__/____], a true and correct copy of this Administrative Hearing Request Packet was served upon the following by the method indicated:

Party Served: [________________________________]
Address: [________________________________]
Method: ☐ Certified Mail ☐ Hand Delivery ☐ Email ☐ Facsimile

Party Served: [________________________________]
Address: [________________________________]
Method: ☐ Certified Mail ☐ Hand Delivery ☐ Email ☐ Facsimile

________________________________________
Signature

________________________________________
Printed Name

Date: [__/__/____]

SECTION 5: CRITICAL DEADLINES AND TIMELINES

5.1 Deadline to Request Hearing

Mississippi law and individual agency rules establish specific deadlines for requesting administrative hearings. Common deadlines include:

WARNING: Failure to file a hearing request within the applicable deadline will result in waiver of hearing rights and the agency action becoming final. Calculate deadlines carefully and file well in advance of any expiration.

5.2 Key Timeline After Filing

5.3 Deadline Tracking Worksheet

SECTION 6: DISCOVERY AND EVIDENCE PROCEDURES

6.1 Discovery Under the Mississippi Administrative Procedures Act

The Mississippi Administrative Procedures Act provides for discovery in formal adjudicative proceedings. The scope and procedures for discovery are governed by Miss. Code Ann. § 25-43-4.210 and the specific agency's administrative rules.

Available Discovery Methods

☐ Requests for Production of Documents — Request that the agency or opposing party produce relevant documents, records, data, and electronically stored information.

☐ Interrogatories — Written questions to be answered under oath (if permitted by the agency's rules).

☐ Depositions — Oral or written depositions of witnesses (if permitted by the agency's rules and approved by the presiding officer).

☐ Requests for Admission — Requests that the opposing party admit or deny specific facts.

☐ Subpoenas Duces Tecum — Compel production of documents and records from third parties.

Discovery Limitations

• Discovery in administrative proceedings is typically more limited than in civil litigation
• The presiding officer has broad discretion to control the scope and timing of discovery
• Privileges (attorney-client, work product, deliberative process) apply
• Discovery requests must be relevant to the issues in the proceeding
• Agencies may impose restrictions on the number or scope of discovery requests

6.2 Subpoena Power

Under Miss. Code Ann. § 25-43-4.210 and agency-specific rules, the presiding officer has authority to issue subpoenas for witnesses and documents in connection with formal adjudicative hearings.

Requesting a Subpoena

Timing: Subpoena requests must typically be filed at least twenty (20) days prior to the hearing date to ensure timely service.

Process:

1. File a written request with the presiding officer identifying:
   - The name and address of the person to be subpoenaed
   - Whether the subpoena is for testimony, documents, or both
   - The relevance of the testimony or documents to the issues
2. Serve the subpoena request on all other parties or their attorneys
3. The presiding officer will issue or deny the subpoena
4. Arrange for proper service of the subpoena

Subpoena Request Form

Case/Docket No.: [________________________________]

To the Presiding Officer:

The undersigned hereby requests that a subpoena be issued commanding:

Name of Witness/Custodian: [________________________________]
Address: [________________________________]
City/State/ZIP: [________________________________]

☐ Subpoena Ad Testificandum — To appear and testify at the hearing
☐ Subpoena Duces Tecum — To produce the following documents/records:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]

Relevance: The requested testimony/documents are relevant to the following issues:
[________________________________]
[________________________________]

Enforcement: If a person fails to comply with a subpoena issued by the presiding officer, the requesting party may invoke the aid of any Mississippi court of general jurisdiction, which may order compliance. Failure to obey the court order may be punished as contempt.

6.3 Evidence Rules

Admissibility Standards in Administrative Hearings

Under Miss. Code Ann. §§ 25-43-4.212 and 25-43-4.213, the rules of evidence in formal adjudicative hearings are more relaxed than in judicial proceedings:

• Relevant evidence is generally admissible
• Irrelevant, immaterial, or unduly repetitious evidence may be excluded
• Hearsay may be admitted but the presiding officer determines the weight given
• Documentary evidence may be received in the form of copies or excerpts if the original is not readily available
• Official notice may be taken of facts that are generally recognized or capable of accurate determination by resort to sources whose accuracy cannot reasonably be questioned
• Privileged communications remain protected

Burden of Proof

• In most proceedings, the party challenging the agency action bears the burden of proof
• In disciplinary and enforcement actions, the agency typically bears the burden of proving the violation
• The standard of proof is generally preponderance of the evidence unless the agency's enabling statute specifies a different standard
• Certain licensing matters may require clear and convincing evidence

Exhibit Preparation Guidelines

☐ Mark all exhibits sequentially (Exhibit A, B, C... or Exhibit 1, 2, 3...)
☐ Prepare at least three (3) copies of each exhibit:

• Original for the presiding officer
• Copy for the agency/opposing party
• Copy for your own records
  ☐ Create an exhibit index listing all exhibits with descriptions
  ☐ Tab and paginate all exhibits for easy reference
  ☐ Ensure all documentary exhibits are legible
  ☐ Redact confidential information not relevant to the proceeding (SSN, etc.)

SECTION 7: PRE-HEARING CONFERENCE AND PREPARATION

7.1 Pre-Hearing Conference

The presiding officer may schedule a pre-hearing conference pursuant to Miss. Code Ann. § 25-43-4.208 to address:

☐ Simplification and clarification of the issues
☐ Stipulations of fact and authenticity of documents
☐ Settlement or resolution possibilities
☐ Exchange of witness lists and exhibit lists
☐ Scheduling of discovery and the hearing
☐ Procedural matters (length of hearing, order of presentation, etc.)
☐ Identification of legal authorities each party intends to rely upon
☐ Any other matters that may expedite the proceeding

7.2 Pre-Hearing Conference Preparation Checklist

☐ Review the agency's notice of hearing for all requirements
☐ Prepare a proposed list of issues to be heard
☐ Identify all witnesses and prepare a witness list with summaries of expected testimony
☐ Compile and organize all documentary evidence
☐ Prepare a proposed schedule for discovery and hearing
☐ Identify any stipulations of fact that may be agreed upon
☐ Prepare any pre-hearing motions (motions in limine, motions to dismiss, etc.)
☐ Research applicable statutes, regulations, and prior agency decisions
☐ Determine whether expert witnesses are needed and arrange for their availability
☐ Confirm the hearing location, date, time, and any technology requirements

7.3 Pre-Hearing Motions

The following pre-hearing motions may be filed with the presiding officer:

☐ Motion to Dismiss — For lack of jurisdiction, failure to state a claim, untimeliness, mootness, or other grounds
☐ Motion for Summary Disposition — When there is no genuine dispute of material fact
☐ Motion in Limine — To exclude certain evidence or testimony
☐ Motion to Continue — To postpone the hearing for good cause
☐ Motion to Compel Discovery — When the opposing party fails to respond to discovery
☐ Motion for Protective Order — To protect confidential or privileged information
☐ Motion to Consolidate — To combine related proceedings
☐ Motion for Default — When a party fails to appear or respond
☐ Motion to Intervene — When a third party seeks to participate

7.4 Witness Preparation

SECTION 8: HEARING PROCEDURES AND CONDUCT

8.1 Formal Adjudicative Hearing Procedures

Formal adjudicative hearings under the Mississippi Administrative Procedures Act (Miss. Code Ann. §§ 25-43-4.201 through 25-43-4.222) follow structured procedures:

Presiding Officer

• The presiding officer is appointed by the agency head or as otherwise provided by law
• The presiding officer must be impartial and free from conflicts of interest
• The presiding officer has authority to:
• Administer oaths and affirmations
• Issue subpoenas
• Rule on offers of proof and receive relevant evidence
• Regulate the course of the hearing
• Hold pre-hearing conferences
• Issue orders, including default orders
• Take any other action authorized by agency rule or the MAPA

Notice Requirements (§ 25-43-4.206)

The notice of hearing must include, at minimum:

☐ Names of all parties and other persons to whom notice is being given
☐ The name, official title, mailing address, and telephone number of any attorney or employee of the agency designated to represent the agency
☐ The official file or docket number of the case
☐ The name of the presiding officer, if known
☐ A statement of the time, place, and nature of the hearing
☐ A statement of the legal authority under which the hearing is to be held
☐ A reference to the particular sections of the statutes and rules involved
☐ A short and plain statement of the matters asserted or the issues involved
☐ A statement that a party who fails to attend or participate in a pre-hearing conference, hearing, or other stage of an adjudicative proceeding may be held in default

Order of Proceedings

A formal administrative hearing in Mississippi typically proceeds as follows:

1. Call to Order — The presiding officer convenes the hearing and states the case
2. Preliminary Matters — Identification of parties, entry of appearances, and resolution of any pending motions
3. Opening Statements — Each party may make a brief opening statement
4. Agency's Case-in-Chief — The agency presents evidence and witnesses (if agency bears burden of proof); otherwise, the petitioner presents first
5. Cross-Examination — The opposing party may cross-examine each witness
6. Petitioner's/Respondent's Case — The non-moving party presents evidence and witnesses
7. Cross-Examination — Cross-examination of the non-moving party's witnesses
8. Rebuttal Evidence — Either party may present rebuttal evidence with permission
9. Closing Arguments — Each party may make a closing argument or submit a written brief
10. Close of Record — The presiding officer closes the evidentiary record

8.2 Rights of Parties at Hearing

Under the MAPA, parties to a formal adjudicative hearing have the right to:

☐ Be represented by an attorney or authorized representative
☐ Present evidence and testimony
☐ Cross-examine witnesses
☐ Submit documentary evidence
☐ Make objections and motions on the record
☐ Submit written briefs and proposed findings of fact
☐ Have a record made of the proceeding (audio recording or court reporter)
☐ Receive a written final order with findings of fact and conclusions of law

8.3 Default Orders

Under Miss. Code Ann. § 25-43-4.211, if a party who has been given proper notice fails to attend or participate in a pre-hearing conference, hearing, or other stage of an adjudicative proceeding, the presiding officer may:

• Issue a default order against the non-appearing party
• Dispose of the proceeding without further notice to the defaulting party
• Enter findings of fact and conclusions of law against the defaulting party

To Avoid Default:
☐ Attend all scheduled proceedings or seek a continuance in advance
☐ File any required responsive pleadings on time
☐ Communicate with the presiding officer's office if circumstances prevent attendance
☐ If a default order is entered, promptly file a motion to vacate the default showing good cause

8.4 Recording the Hearing

☐ The hearing will be recorded by: ☐ Audio recording ☐ Court reporter ☐ Video recording
☐ The Requesting Party intends to arrange for a court reporter at its own expense
☐ A transcript may be ordered from: [________________________________]
☐ The cost of transcription is borne by the requesting party unless otherwise ordered

NOTE: If you intend to seek judicial review, a transcript of the hearing will be essential. Consider arranging a court reporter to produce a verbatim transcript.

SECTION 9: POST-HEARING PROCEDURES

9.1 Post-Hearing Submissions

After the close of the hearing, the presiding officer may allow or require:

☐ Post-Hearing Briefs — Written legal arguments summarizing the evidence and applying the law

• Deadline: [__/__/____] (as set by the presiding officer)
• Page limit: [____] pages (if imposed)

☐ Proposed Findings of Fact and Conclusions of Law — Detailed proposed findings for the presiding officer's consideration

• Deadline: [__/__/____]

☐ Reply Briefs — Response to the opposing party's post-hearing brief

• Deadline: [__/__/____]

☐ Supplemental Evidence — Additional evidence admitted only with leave of the presiding officer and for good cause

9.2 Final Orders

Under Miss. Code Ann. § 25-43-4.215, the presiding officer's final order must include:

• Findings of fact based on the evidence in the record
• Conclusions of law applying the relevant statutes and regulations to the facts
• The decision or order — the specific disposition of the matter
• A statement of the parties' right to seek agency review or judicial review
• The time limits for seeking review

Timeline for Final Orders

9.3 Agency Review of Final Order

Under Miss. Code Ann. § 25-43-4.216, the final order of the presiding officer may be subject to review by the agency head or governing body:

☐ Agency review is available for this proceeding
☐ Agency review is NOT available (proceed directly to judicial review)

If agency review is sought:

• File a request for agency review within the time specified by the agency's rules
• The agency head may affirm, modify, or reverse the presiding officer's order
• The agency head may also remand the matter for further proceedings
• The agency's decision on review becomes the final agency action for purposes of judicial review

SECTION 10: APPEAL RIGHTS AND JUDICIAL REVIEW

10.1 Judicial Review in Chancery Court

Under Miss. Code Ann. § 25-43-5.103, a party aggrieved by a final agency action may seek judicial review by filing a petition in the chancery court of the appropriate county.

Filing Requirements

☐ Deadline: Petition must be filed within thirty (30) days after the date of the final agency action (Miss. Code Ann. § 25-43-5.103)
☐ Venue: Chancery court of the county where:

• The agency action was taken, OR
• The petitioner resides or has its principal place of business, OR
• As otherwise provided by law

☐ Service: The petition must be served upon the agency and all parties of record
☐ Filing Fee: Standard chancery court filing fee applies
☐ Record: The agency must file the administrative record with the court

Petition for Judicial Review Must Include:

☐ Name and address of the petitioner
☐ Identification of the agency and the final action being challenged
☐ Copy of the final agency order
☐ Statement of the issues presented for review
☐ Statement of the facts and grounds upon which relief is sought
☐ Request for specific relief

Scope of Judicial Review (Miss. Code Ann. § 25-43-5.107)

The chancery court may reverse or modify the agency's final action if the court finds that the action was:

1. ☐ In violation of constitutional provisions
2. ☐ In excess of the statutory authority or jurisdiction of the agency
3. ☐ Made upon unlawful procedure
4. ☐ Affected by other error of law
5. ☐ Not supported by substantial evidence in the record (for questions of fact)
6. ☐ Arbitrary or capricious
7. ☐ An abuse of discretion

Standard of Review

• Questions of law: The court reviews de novo but gives deference to the agency's interpretation of its own rules and the statutes it administers
• Questions of fact: The court applies the substantial evidence test — whether a reasonable person could have reached the same conclusion based on the evidence in the record
• The court does NOT reweigh the evidence or substitute its judgment for that of the agency on factual matters

10.2 Stay Pending Judicial Review

☐ The petitioner may request a stay of the agency's final action pending judicial review
☐ The stay request may be filed with the chancery court
☐ The court will consider:

• Likelihood of success on the merits
• Irreparable harm to the petitioner absent a stay
• Potential harm to other parties and the public interest
• Balance of equities

10.3 Appeal from Chancery Court

☐ An appeal from the chancery court's decision on judicial review lies with the Mississippi Supreme Court (or the Court of Appeals if assigned)
☐ The notice of appeal must be filed within thirty (30) days of the chancery court's judgment
☐ Standard appellate rules and procedures apply

10.4 Judicial Review Timeline Tracker

SECTION 11: DOCUMENT CHECKLIST

11.1 Hearing Request Packet — Filing Checklist

Required Documents

☐ Cover letter to agency (Section 1)
☐ Completed Hearing Request Form (Section 2)
☐ Statement of Issues and Facts (Section 3)
☐ Copy of the agency action/decision being challenged
☐ Copy of the notice received from the agency
☐ Certificate of Service
☐ Proof of timely filing (certified mail receipt, date-stamped copy, or electronic confirmation)

Recommended Additional Documents

☐ Stay request with supporting memorandum (if applicable)
☐ Preliminary exhibit list
☐ Copies of key supporting documents and evidence
☐ Notice of appearance by attorney (if represented)
☐ Authorization or power of attorney (if filing on behalf of another)
☐ ADA accommodation request (if needed)
☐ Interpreter request (if needed)
☐ Fee payment or fee waiver request (if applicable)

Pre-Hearing Preparation Documents

☐ Witness list with summaries of expected testimony
☐ Exhibit list with copies of all exhibits (multiple sets)
☐ Subpoena requests (filed at least 20 days before hearing)
☐ Discovery requests served on opposing party
☐ Pre-hearing motions (motion in limine, motion to dismiss, etc.)
☐ Pre-hearing brief or memorandum of law
☐ Proposed findings of fact and conclusions of law (if required pre-hearing)
☐ Stipulations of fact (if agreed upon with opposing party)

Hearing Day Documents

☐ Multiple copies of all exhibits (at least 3 sets)
☐ Witness list
☐ Exhibit index
☐ Relevant statutes, regulations, and case law
☐ Outline of direct examination questions for each witness
☐ Outline of cross-examination points for agency witnesses
☐ Copy of the hearing request and all filed pleadings
☐ Contact information for the hearing location and presiding officer
☐ Photo identification

Post-Hearing Documents

☐ Post-hearing brief (if ordered or permitted)
☐ Proposed findings of fact and conclusions of law
☐ Reply brief (if permitted)
☐ Transcript order request
☐ Final order (when issued)
☐ Petition for judicial review (if appealing — file within 30 days)

SECTION 12: PRACTICE TIPS FOR MISSISSIPPI ADMINISTRATIVE HEARINGS

12.1 General Practice Guidance

Filing and Deadlines:

• Always file the hearing request well before the deadline — do not wait until the last day
• Confirm the applicable deadline by reviewing both the agency's notice and the governing statute or regulation; deadlines vary significantly by agency and action type
• Use certified mail with return receipt requested or hand delivery with a date-stamped copy as proof of filing
• Calendar all deadlines immediately upon receipt of the agency's notice and any subsequent scheduling orders
• Set internal reminder deadlines at least 7 days before each filing deadline

Agency-Specific Procedures:

• Each Mississippi agency has its own procedural rules in addition to the MAPA; always obtain and review the specific agency's hearing rules before filing
• Some agencies have specific hearing request forms that must be used — check the agency's website or contact the agency to confirm
• MDHS accepts hearing requests by email ([email protected]) and by phone at (601) 359-4921
• DOR tax hearing procedures are governed by Miss. Code Ann. § 27-77-1 et seq. in addition to the MAPA
• The Mississippi Real Estate Commission and other professional licensing boards have their own procedural regulations; review the applicable board's administrative code

Presiding Officer:

• The presiding officer is appointed by the agency — there is no separate Office of Administrative Hearings in Mississippi for most agencies
• Learn the presiding officer's preferences and procedural expectations; attend other hearings before the same officer if possible
• Address all filings, motions, and communications to the presiding officer with copies to all parties
• Be aware that the presiding officer may be an agency employee; consider whether to raise any objections regarding impartiality

12.2 Evidence and Discovery Tips

• Administrative hearings apply relaxed evidence rules — hearsay may be admitted, but object to unreliable hearsay and argue about the weight it should receive
• Request all relevant agency records early in the process through a formal discovery request or a public records request under the Mississippi Public Records Act (Miss. Code Ann. § 25-61-1 et seq.)
• Prepare exhibits carefully: well-organized, clearly labeled, and paginated exhibits make a strong impression on the presiding officer
• If you need testimony or records from third parties, submit subpoena requests at least 20 days before the hearing to ensure timely issuance and service
• If a subpoenaed witness fails to comply, invoke the aid of a Mississippi court of general jurisdiction to compel compliance under the MAPA's enforcement provision
• Consider whether expert testimony would be beneficial, particularly in technical areas such as tax assessments, health care regulation, environmental matters, or professional licensing standards

12.3 Hearing Strategy

• Prepare a clear and concise statement of the issues; the presiding officer's attention and patience are limited
• Focus on the strongest arguments — do not dilute your case with weak or marginal claims
• Anticipate the agency's position and prepare responsive evidence and arguments
• Practice direct and cross-examination with your witnesses before the hearing
• Bring organized copies of all relevant statutes, regulations, and case law to the hearing
• Be professional and respectful to the presiding officer and agency representatives at all times

12.4 Preserving the Record for Appeal

• If judicial review is a possibility, ensure the hearing is recorded by a court reporter — an audio recording may be insufficient for a complete transcript
• Make clear objections on the record to preserve issues for appeal; a general objection may not be sufficient
• Submit offers of proof when evidence is excluded so the reviewing court can assess the ruling
• Request that all exhibits (admitted and excluded) be marked and made part of the record
• File timely post-hearing briefs and proposed findings of fact to preserve legal arguments
• Ensure the final order contains specific findings of fact and conclusions of law; if it does not, request that the presiding officer supplement the order before the appeal deadline runs

12.5 Common Pitfalls to Avoid

☐ Missing the filing deadline — This is the single most common error; the deadline to request a hearing is jurisdictional in many cases, and late filing results in waiver
☐ Filing with the wrong office or address — Confirm the correct filing address; agencies have specific offices or divisions that handle hearing requests
☐ Failing to serve all parties — Always serve all known parties and file a certificate of service
☐ Insufficient grounds stated — The hearing request should clearly identify the issues and the factual and legal basis for the challenge
☐ Failing to request a stay — If the agency action causes immediate harm, request a stay promptly; do not wait until after the hearing is scheduled
☐ Ignoring agency-specific rules — The MAPA provides default procedures, but agency-specific rules may impose additional requirements
☐ Failing to prepare for default consequences — Understand that non-appearance results in a default order; always attend or seek a continuance
☐ Not preserving the record — If appeal is possible, arrange for a court reporter and make specific objections on the record
☐ Missing the 30-day appeal deadline — The deadline to file a petition for judicial review in chancery court is strict; mark it immediately upon receiving the final order

SECTION 13: SOURCES AND REFERENCES

Statutory Authority

• Mississippi Administrative Procedures Act: Miss. Code Ann. § 25-43-1.101 et seq.
• Article I — General Provisions: Miss. Code Ann. §§ 25-43-1.101 through 25-43-1.110
• Article II — Rulemaking: Miss. Code Ann. §§ 25-43-2.101 through 25-43-2.113
• Article III — Declaratory Opinions and Orders: Miss. Code Ann. §§ 25-43-3.101 through 25-43-3.104
• Article IV — Adjudicative Proceedings: Miss. Code Ann. §§ 25-43-4.101 through 25-43-4.222
• Formal Adjudicative Hearings: §§ 25-43-4.201 through 25-43-4.222
• Notice Requirements: § 25-43-4.206
• Discovery: § 25-43-4.210
• Default Orders: § 25-43-4.211
• Evidence: §§ 25-43-4.212, 25-43-4.213
• Final Orders: § 25-43-4.215
• Agency Review: § 25-43-4.216
• Article V — Judicial Review and Civil Enforcement: Miss. Code Ann. §§ 25-43-5.101 through 25-43-5.115
• Judicial Review Filing: § 25-43-5.103
• Scope of Review: § 25-43-5.107
• DOR Tax Hearings: Miss. Code Ann. § 27-77-1 et seq.
• Certificate of Need (MSDH): Miss. Code Ann. § 41-7-191 et seq.
• Insurance Department: Miss. Code Ann. § 83-1-37
• Public Records Act: Miss. Code Ann. § 25-61-1 et seq.

Agency Resources

• Mississippi Secretary of State — Administrative Procedures Act Full Text: https://www.sos.ms.gov
• Mississippi Department of Revenue: https://www.dor.ms.gov
• Mississippi State Department of Health: https://www.msdh.ms.gov
• Mississippi Department of Human Services — Administrative Hearings Division: https://www.mdhs.ms.gov/support/inspector/hearings/
• Mississippi Department of Insurance: https://www.mid.ms.gov
• Mississippi Real Estate Commission: https://www.mrec.ms.gov
• Mississippi Administrative Code (searchable): https://regulations.justia.com/states/mississippi/

Additional References

• Administrative Procedures Act (Mississippi) — USLegal: https://administrativelaw.uslegal.com/administrative-procedure-acts/administrative-procedures-act-mississippi/
• Mississippi Administrative Procedures Act (PDF) — Secretary of State: https://www.sos.ms.gov/content/documents/reg_enf/admin/Administrative%20Procedures%20Act.pdf
• APA Rules and Regulations — Secretary of State: https://www.sos.ms.gov/content/documents/reg_enf/admin/APA%20RulesRegulations.pdf

This template is provided for informational purposes only and does not constitute legal advice. Administrative hearing procedures vary by agency, and the specific rules of the agency conducting the proceeding control in the event of any conflict with this template. All filings must be reviewed and customized by a qualified attorney licensed in Mississippi. Do not use this template without professional legal review. Last updated: 2026-03-07.