Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 8 - RULEMAKING AND DECLARATORY OPINIONS › Sec2 12-9-8-101 - RULEMAKING ORAL PROCEEDINGS

Current through June 25, 2024
This section applies 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 before the Public Procurement Review Board pursuant to
				  the Administrative Procedures Act. Mississippi Code Annotated §
									25-43-3.104.
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 Public
				Procurement Review 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 agency providing the notice 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 Public Procurement Review 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 Public Procurement Review
				Board at least three 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
				Public Procurement Review 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 Public Procurement Review Board,
				  part of the rulemaking record, and are subject to the Public Procurement Review
				  Board's public records request procedure. The Public Procurement Review Board
				  may record oral proceedings by stenographic or electronic means.