Mississippi Administrative Code › Title 10 - Education Institutions and Agencies › Part 501 - Statewide Longitudinal Data System Governing Board Rules And Regulations › Chapter 11 - RULEMAKING ORAL PROCEEDINGS › Rule 10-501-11.1 - Rulemaking oral proceedings

Current through June 25, 2024
These rules apply to all oral proceedings held for the
				  purpose of providing the public with an opportunity to make oral presentations
				  or written input on proposed new rules, amendments to rules, and proposed
				  repeal of existing rules for the SLDS Governing Board.
When a political subdivision, an agency, or ten (10) persons
				  request an oral proceeding in regards to a proposed rule adoption, the
				  requestor must submit a printed, typewritten, or legibly handwritten
				  request.
A. Each request must be
				submitted on 8-1/2" x 11" white paper.
B. The request may be in the form of a letter
				addressed to the Chair of the SLDS Governing Board or in the form of a pleading
				as if filed with a court.
C. Each
				request must include the full name, telephone numbers, and mailing address of
				the requestor(s).
D. All requests
				shall be signed by the person filing the request, unless represented by an
				attorney, in which case the attorney may sign the request.
Notice of the date, time, and place of all oral proceedings
				  shall be filed with the Secretary of State's Office for publication in the
				  Administrative Bulletin. The SLDS Governing Board shall provide notice of oral
				  proceedings to all persons requesting notification of proposed rule adoptions.
				  The oral proceedings will be scheduled no earlier than twenty (20) days from
				  the filing of the notice with the Secretary of State. The Chair of the SLDS
				  Governing Board or designee who is familiar with the substance of the proposed
				  rule shall preside at the oral proceeding on a proposed rule.
Public participation shall be permitted at oral proceedings,
				  as follows:
A. At an oral proceeding
				on a proposed rule, persons may make statements and present documentary and
				physical submissions concerning the proposed rule.
B. Persons wishing to make oral presentations
				at such a proceeding shall notify the Chair of the SLDS Governing Board at
				least three (3) business days prior to the proceeding and indicate the general
				subject of their presentations. The presiding officer in his or her discretion
				may allow individuals to participate that have not contacted the SLDS Governing
				Board prior to the proceeding.
C.
				At the proceeding, those who participate shall indicate their names and
				addresses, identify any persons or organizations they may represent, and
				provide any other information relating to their participation deemed
				appropriate by the presiding officer.
D. The presiding officer may place time
				limitations on individual presentations when necessary to assure the orderly
				and expeditious conduct of the oral proceeding. To encourage joint
				presentations and to avoid repetition, additional time may be provided for
				persons whose presentations represent the views of other individuals as well as
				their own views.
E. Persons making
				presentations are encouraged to avoid restating matters that have already been
				submitted in writing. Written materials may be submitted at the oral
				proceeding.
F. Where time permits
				and to facilitate the exchange of information, the presiding officer may open
				the floor to questions or general discussion. The presiding officer may
				question participants and permit the questioning of participants by other
				participants about any matter relating to that rule-making proceeding,
				including any prior written submissions made by those participants in that
				proceeding. No participant shall be required to answer any question.
Physical and documentary submissions presented by
				  participants in an oral proceeding shall be submitted to the presiding officer.
				  Such submissions become the property of the SLDS Governing Board, part of the
				  rulemaking record, and are subject to the SLDS Governing Board public records
				  request procedure. The SLDS Governing Board may record oral proceedings by
				  stenographic or electronic means.
Miss. Code Ann.
				  §
										37-154-3