reglab/housing_qa huggingface dataset:
MS Code § 25-43-1.103 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 1 - General Provisions|§ 25-43-1.103. Applicability and relation to other law

  This chapter applies to all agencies and all proceedings not expressly exempted under this chapter.   This chapter creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed by other statutes.   Specific statutory provisions which govern agency proceedings and which are in conflict with any of the provisions of this chapter shall continue to be applied to all proceedings of any such agency to the extent of such conflict only.   The provisions of this chapter shall not be construed to amend, repeal or supersede the provisions of any other law; and, to the extent that the provisions of any other law conflict or are inconsistent with the provisions of this chapter, the provisions of such other law shall govern and control.   An agency may grant procedural rights to persons in addition to those conferred by this chapter so long as rights conferred upon other persons by any provision of law are not substantially prejudiced.
MS Code § 25-43-1.104 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 1 - General Provisions|§ 25-43-1.104. Suspension of chapter's provisions when necessary to avoid loss of federal funds or services

  To the extent necessary to avoid a denial of funds or services from the United States which would otherwise be available to the state, the Governor, by executive order, may suspend, in whole or in part, one or more provisions of this chapter. The Governor, by executive order, shall declare the termination of a suspension as soon as it is no longer necessary to prevent the loss of funds or services from the United States.   If any provision of this chapter is suspended pursuant to this section, the Governor shall promptly report the suspension to the Legislature. The report may include recommendations concerning desirable legislation that may be necessary to conform this chapter to federal law, including the exemption, if appropriate, of a particular program from the provisions of this chapter.
MS Code § 25-43-1.105 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 1 - General Provisions|§ 25-43-1.105. Waiver of rights

 Except to the extent precluded by another provision of law, a person may waive any right conferred upon that person by this chapter, or by any rule made pursuant to this chapter.
MS Code § 25-43-1.107 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 1 - General Provisions|§ 25-43-1.107. Report of conflicts between chapter and other laws; conforming legislation; compliance

 Every agency as defined in this chapter shall, no later than October 1, 2003, file with the Secretary of the Senate and the Clerk of the House a report which outlines any conflicts between this chapter and any other laws affecting the agency. This report shall include proposed legislation to bring the other laws into conformity with the requirements of this chapter. The Secretary of State shall, no later than December 1, 2003, file with the Secretary of the Senate and the Clerk of the House a list of sections which the Secretary of State believes conflict with this chapter. The Secretary of the Senate and the Clerk of the House shall maintain a list of agencies which have complied with this section.
MS Code § 25-43-2.102 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 2 - Public Access to Agency Law and Policy|§ 25-43-2.102. Public inspection and indexing of agency orders

  In addition to other requirements imposed by any provision of law, and subject to any confidentiality provisions established by law, each agency shall make all written final orders available for public inspection and copying and index them by name and subject.   A written final order available for public inspection pursuant to subsection (1) may not be relied on as precedent by an agency to the detriment of any person until it has been made available for public inspection and indexed in the manner described in subsection (1) of this section. This provision is inapplicable to any person who has actual, timely knowledge of the order. The burden of proving that knowledge is on the agency.
MS Code § 25-43-2.104 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 2 - Public Access to Agency Law and Policy|§ 25-43-2.104. Required rule-making

 In addition to other rule-making requirements imposed by law, each agency shall:   Adopt as a rule a description of the organization of the agency which states the general course and method of its operations and where and how the public may obtain information or make submissions or requests;   Adopt rules of practice setting forth the nature and requirements of all formal and informal proceedings available to the public.
MS Code § 25-43-2.105 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 2 - Public Access to Agency Law and Policy|§ 25-43-2.105. Model rules of procedure

 In accordance with the rule-making requirements of this chapter, the Secretary of State shall adopt model rules of procedure appropriate for use by as many agencies as possible. The model rules must deal with all general functions and duties performed in common by several agencies. Each agency may adopt as much of the model rules as is practicable under its circumstances. To the extent an agency adopts the model rules, it shall do so in accordance with the rule-making requirements of this chapter.
MS Code § 25-43-3.101 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 3 - Rule-Making Adoption and Effectiveness of Rules|§ 25-43-3.101. Advice on possible rules before notice of proposed rule adoption

  In addition to seeking information by other methods, an agency, before filing of a notice of proposed rule adoption under Section 25-43-3.103, may solicit comments from the public on a subject matter of possible rule-making under active consideration within the agency by causing notice to be filed with the Secretary of State for publication in the administrative bulletin of the subject matter and indicating where, when and how persons may comment.   Each agency may also appoint committees of nonagency personnel or other members of the public to comment, before filing of a notice of proposed rule adoption under Section 25-43-3.103, on the subject matter of a possible rule-making under active consideration within the agency. The membership of those committees must be filed with the Secretary of State for publication in the administrative bulletin.
MS Code § 25-43-3.102 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 3 - Rule-Making Adoption and Effectiveness of Rules|§ 25-43-3.102. Public rule-making docket

  Each agency shall maintain a current, public rule-making docket.   The rule-making docket may, but need not, contain a listing of the subject matter of possible rules currently under active consideration within the agency for proposal under Section 25-43-3.103 and the name and address of agency personnel with whom persons may communicate with respect to the matter.   The rule-making docket must list each pending rule-making proceeding. A rule-making proceeding is pending from the time it is commenced, by proper filing with the Secretary of State of a notice of proposed rule adoption, to the time it is terminated by the filing with the Secretary of State of a notice of termination or the rule becoming effective. For each pending rule-making proceeding, the docket must indicate:   The subject matter of the proposed rule;   A citation to all published notices relating to the proceeding;   Where written submissions or written requests for an opportunity to make oral presentations on the proposed rule may be inspected;   The time during which written submissions may be made;   If applicable, where and when oral presentations may be made;   Where any economic impact statement and written requests for the issuance of and other information concerning an economic impact statement of the proposed rule may be inspected;   The current status of the proposed rule;   The date of the rule's adoption; and   When the rule will become effective.
MS Code § 25-43-3.103 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 3 - Rule-Making Adoption and Effectiveness of Rules|§ 25-43-3.103. Notice of proposed rule adoption

  At least twenty-five (25) days before the adoption of a rule an agency shall cause notice of its contemplated action to be properly filed with the Secretary of State for publication in the administrative bulletin. The notice of proposed rule adoption must include:   A short explanation of the purpose of the proposed rule and the agency's reasons for proposing the rule;   The specific legal authority authorizing the promulgation of rules;   A reference to all rules repealed, amended or suspended by the proposed rule;   Subject to Section 25-43-2.101(5), the text of the proposed rule;   Where, when and how persons may present their views on the proposed rule; and   Where, when and how persons may demand an oral proceeding on the proposed rule if the notice does not already provide for one.     Within three (3) days after its proper filing with the Secretary of State for publication in the administrative bulletin, the agency shall cause a copy of the notice of proposed rule adoption to be provided to each person who has made a timely request to the agency to be placed on the mailing list maintained by the agency of persons who have requested notices of proposed rule adoptions. An agency may mail the copy to the person and may charge the person a reasonable fee for such service, which fee may be in excess of the actual cost of providing the person with a mailed copy. Alternatively, the agency may provide the copy via the Internet or by transmitting it to the person by electronic means, including, but not limited to, facsimile transfer or e-mail at no charge to the person, if the person consents to this form of delivery.
MS Code § 25-43-3.104 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 3 - Rule-Making Adoption and Effectiveness of Rules|§ 25-43-3.104. Public participation

  For at least twenty-five (25) days after proper filing with the Secretary of State of the notice of proposed rule adoption, an agency shall afford persons the opportunity to submit, in writing, argument, data and views on the proposed rule.     An agency, in its discretion, may schedule an oral proceeding on any proposed rule. However, an agency shall schedule an oral proceeding on a proposed rule if, within twenty (20) days after the proper filing of the notice of proposed rule adoption, a written request for an oral proceeding is submitted by a political subdivision, an agency or ten (10) persons. At that proceeding, persons may present oral or written argument, data and views on the proposed rule.   An oral proceeding on a proposed rule, if required, may not be held earlier than twenty (20) days after notice of its location and time is properly filed with the Secretary of State for publication in the administrative bulletin. Within three (3) days after its proper filing with the Secretary of State for publication in the administrative bulletin, the agency shall cause a copy of the notice of the location and time of the oral proceeding to be mailed to each person who has made a timely request to the agency to be placed on the mailing list maintained by the agency of persons who have requested notices of proposed rule adoptions.   The agency, a member of the agency, or another presiding officer designated by the agency shall preside at a required oral proceeding on a proposed rule. Oral proceedings must be open to the public and may be recorded by stenographic or other means.   An agency may issue rules for the conduct of oral rule-making proceedings or prepare reasonable guidelines or procedures for the conduct of any such proceedings. Those rules may include, but not be limited to, provisions calculated to prevent undue repetition in the oral proceedings.
MS Code § 25-43-3.106 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 3 - Rule-Making Adoption and Effectiveness of Rules|§ 25-43-3.106. Time and manner of rule adoption

  An agency may not adopt a rule until the period for making written submissions and oral presentations has expired.   Following the proper filing with the Secretary of State of the notice of proposed rule adoption, an agency shall adopt a rule pursuant to the rule-making proceeding or terminate the proceeding by proper filing with the Secretary of State of a notice to that effect for publication in the administrative bulletin.   Before the adoption of a rule, an agency shall consider the written submissions, oral submissions or any memorandum summarizing oral submissions, and any economic impact statement, provided for by this Article III.   Within the scope of its delegated authority, an agency may use its own experience, technical competence, specialized knowledge and judgment in the adoption of a rule.
MS Code § 25-43-3.107 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 3 - Rule-Making Adoption and Effectiveness of Rules|§ 25-43-3.107. Variance between adopted rule and published notice of proposed rule adoption

  An agency shall not adopt a rule that differs from the rule proposed in the notice of proposed rule adoption on which the rule is based unless all of the following apply:   The differences are within the scope of the matter announced in the notice of proposed rule adoption and are in character with the issues raised in that notice;   The differences are a logical outgrowth of the contents of that notice of proposed rule adoption and the comments submitted in response thereto; and   The notice of proposed rule adoption provided fair warning that the outcome of that rule-making proceeding could be the rule in question.     In determining whether the notice of proposed rule adoption provided fair warning that the outcome of that rule-making proceeding could be the rule in question, an agency shall consider all of the following factors:   The extent to which persons who will be affected by the rule should have understood that the rule-making proceeding on which it is based could affect their interests;   The extent to which the subject matter of the rule or issues determined by the rule are different from the subject matter or issues contained in the notice of proposed rule adoption; and   The extent to which the effects of the rule differ from the effects of the proposed rule contained in the notice of proposed rule adoption.
MS Code § 25-43-3.108 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 3 - Rule-Making Adoption and Effectiveness of Rules|§ 25-43-3.108. Exemption from public rule-making procedures for temporary rules

 If an agency finds that an imminent peril to the public health, safety or welfare requires adoption of a rule upon fewer than twenty-five (25) days' notice and states in writing its reasons for that finding, it may proceed without prior notice of hearing or upon any abbreviated notice and hearing that it finds practicable to adopt an emergency rule. The rule may be effective for a period of not longer than one hundred twenty (120) days, renewable once for a period not exceeding ninety (90) days, but the adoption of an identical rule under subsection (1) of this section is not precluded.
MS Code § 25-43-3.109 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 3 - Rule-Making Adoption and Effectiveness of Rules|§ 25-43-3.109. Contents, style and form of rule

  Each rule adopted by an agency must contain the text of the rule and:   The date the agency adopted the rule;   An indication of any change between the text of the proposed rule contained in the published notice of proposed rule adoption and the text of the rule as finally adopted, with the reasons for any substantive change;   Any changes to the information contained in the notice of proposed rule adoption as required by subsection (1)(a), (b) or (c) of Section 25-43-3.103;   Any findings required by any provision of law as a prerequisite to adoption or effectiveness of the rule; and   The effective date of the rule if other than that specified in Section 25-43-3.113(1).     To the extent feasible, each rule should be written in clear and concise language understandable to persons who may be affected by it.   An agency may incorporate, by reference in its rules and without publishing the incorporated matter in full, all or any part of a code, standard, rule or regulation that has been adopted by an agency of the United States or of this state, another state or by a nationally recognized organization or association, if incorporation of its text in agency rules would be unduly cumbersome, expensive or otherwise inexpedient. The reference in the agency rules must fully identify the incorporated matter with an appropriate citation. An agency may incorporate by reference such matter in its rules only if the agency, organization or association originally issuing that matter makes copies of it readily available to the public. The rules must state if copies of the incorporated matter are available from the agency issuing the rule or where copies of the incorporated matter are available from the agency of the United States, this state, another state or the organization or association originally issuing that matter.   In preparing its rules pursuant to this Article III, each agency shall follow the uniform numbering system, form and style prescribed by the Secretary of State.
MS Code § 25-43-3.110 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 3 - Rule-Making Adoption and Effectiveness of Rules|§ 25-43-3.110. Agency rule-making record

  An agency shall maintain an official rule-making record for each rule it (a) proposes or (b) adopts. The agency has the exclusive authority to prepare and exclusive authority to certify the record or any part thereof, including, but not limited to, any transcript of the proceedings, and the agency's certificate shall be accepted by the court and by any other agency. The record must be available for public inspection.   The agency rule-making record must contain:   Copies of all notices of proposed rule-making or oral proceedings or other publications in the administrative bulletin with respect to the rule or the proceeding upon which the rule is based;   Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding upon which the rule is based;   All written requests, submissions and comments received by the agency and all other written materials considered by the agency in connection with the formulation, proposal or adoption of the rule or the proceeding upon which the rule is based;   Any official transcript of oral presentations made in the proceeding upon which the rule is based or, if not transcribed, any tape recording or stenographic record of those presentations, and any memorandum prepared by a presiding official summarizing the contents of those presentations. The word "transcript" includes a written transcript, a printed transcript, an audible audiotape or videotape that is indexed and annotated so that it is readily accessible and any other means that the agency may have by rule provided for the reliable and accessible preservation of the proceeding;   A copy of any economic impact statement prepared for the proceeding upon which the rule is based; and   A copy of the rule and related information set out in Section 25-43-3.109 as filed in the Office of the Secretary of State.     The agency shall have authority to engage such persons and acquire such equipment as may be reasonably necessary to record and preserve in any technically and practicably feasible manner all matters and all proceedings had at any rule-making proceeding.   Upon judicial review, the record required by this section constitutes the official agency rule-making record with respect to a rule. Except as otherwise required by a provision of law, the agency rule-making record need not constitute the exclusive basis for agency action on that rule or for judicial review thereof.
MS Code § 25-43-3.111 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 3 - Rule-Making Adoption and Effectiveness of Rules|§ 25-43-3.111. Invalidity of rules not adopted according to article; time limitation

  A rule adopted after July 1, 2005, is invalid unless adopted in substantial compliance with the provisions of Sections 25-43-3.102 through 25-43-3.110. Inadvertent failure to mail a notice of proposed rule adoption to any person as required by Section 25-43-3.103(2) does not invalidate a rule.   An action to contest the validity of a rule on the grounds of its noncompliance with any provision of Sections 25-43-3.102 through 25-43-3.110 must be commenced within one (1) year after the effective date of the rule.
MS Code § 25-43-3.112 (2020)
2020 Mississippi Code|Title 25 - Public Officers and Employees; Public Records|Chapter 43 - Administrative Procedures|Article 3 - Rule-Making Adoption and Effectiveness of Rules|§ 25-43-3.112. Filing of rules

 An agency shall file in the Office of the Secretary of State each rule it adopts and all rules existing on July 1, 2005, that have not previously been filed. The filing must be done as soon after adoption of the rule as is practicable. At the time of filing, each rule adopted after July 1, 2005, must have included in or attached to it the material set out in Section 25-43-3.109. The Secretary of State shall affix to each rule and statement a certification of the date of filing and keep a permanent register open to public inspection of all filed rules and attached material. In filing a rule, each agency shall use a standard format prescribed by the Secretary of State.