Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 130 - PUBLIC PARTICIPATION › Chapter 1 - Proceedings › Rule 16-130.1.1 - Formal Proceedings

Current through June 25, 2024
A. Board Meetings.
				All regular and called special meetings of the Board are considered formal
				proceedings. Administrative rulings of the Board are final and binding unless
				overturned by a court of competent jurisdiction. Persons wishing to place
				specific business on the agenda of a Board meeting, to make public comments at
				a Board meeting, or make a formal presentation before the Board shall comply
				with the rules set forth in Bylaws of the Board.
B. Reconsideration Hearings. Reconsideration
				hearings are formal proceedings conducted by the Executive Director or a
				designee of the Executive Director at the request of an individual to
				reconsider certain actions which have been taken by the Library Commission.
				Requests for reconsideration must be made no later than thirty (30) calendar
				days after the agency action in question has been taken.
1. Form of Request - Requests for a
				reconsideration hearing shall be submitted in written form to the Executive
				Director by certified mail. The request and any envelope shall clearly state
				that it is a request for a reconsideration hearing. The request shall be dated
				and include the original signature, mailing address, and telephone number of
				the individual(s) making the request.
2. Content of Request - The request must
				include: a clear identification of the decision to be reconsidered; a full,
				complete, and accurate statement of all facts relevant to reconsideration of
				the decision; any relevant written documents; a statement as to whether the
				individual intends to conduct an on-the-record hearing; and the name of the
				spokesman appointed, if the request involves more than one
				individual.
3. Procedure After
				Request Is Received - A reconsideration hearing shall be held during regular
				business hours of the Library Commission within thirty (30) calendar days of
				the date of receipt of the request. The Executive Director shall provide
				reasonable notice to the requesting individual as to the day, hour, and
				location of the hearing; shall inform the requesting individual of the right to
				be represented by counsel; and shall inform the requesting individual of the
				right to an on-the-record hearing at the expense of the individual.
4. Conduct of Hearing - The hearing shall be
				held before the Executive Director or such member or members of a review panel
				as the Executive Director designates. During the hearing the Executive Director
				or designee(s) shall direct questions only to the spokesperson. No indication
				of decision may be given at the time of the hearing.
5. Notice of Decision - The Library
				Commission shall notify the requesting individual in writing of the decision
				rendered by the Executive Director or designee within ten (10) working days of
				the hearing.
6. Appeals - If the
				decision rendered by the Executive Director as a result of the reconsideration
				hearing is not satisfactory to the requesting individual, the individual may
				submit a written appeal of the decision to the Executive Director for
				consideration by the Board. The appeal must be made within ten (10) working
				days of receipt of the reconsideration hearing decision.