Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2701 - Organization and Structure › Chapter 1 - Organization and Structure › Rule 30-2701-1.4 - Applicability, Legal Effect, Separability

Current through June 25, 2024
A. Every rule,
				regulation, order, and direction adopted by the Board shall state the date on
				which it takes effect and a copy thereof signed by the Chairman of the Board,
				and shall be filed as a public record in the office of the Board and in the
				office of the Secretary of State.
B. The Rules and Regulations of the Board are
				intended to be consistent with the applicable Federal and State laws and shall
				be construed, whenever necessary to achieve such consistency.
C. In the event that any provision of these
				Rules and Regulations is declared unconstitutional or invalid, the
				applicability of such provision to other persons and circumstances and the
				constitutionality or validity of every other provision of these Rules and
				Regulations shall not be affected thereby.
D. These Rules and Regulations shall not
				affect pending actions or proceedings, civil or criminal, but the same may be
				prosecuted or defended in the same manner and with the same effect as though
				these Rules and Regulations had not been promulgated.
E. The Board shall furnish one (1) copy of
				these Rules and Regulations and any amendment thereof, without charge to each
				licensed nursing home administrator. Additional copies shall be made available
				at a nominal cost.
F. Prior to the
				adoption, amendment, or repeal of any rule, the Board shall give at least ten
				(10) days' notice of its intended action to all registered nursing home
				administrators. The notice shall be mailed to the last known address of each
				registered nursing home administrator. The notice shall be effective when
				mailed by the Board, whether it is actually received by the person entitled to
				notice or not. The notice shall include a statement of either the terms or
				substance of the intended action or a description of the subjects and issues
				involved and the time when, the place where, and the manner in which registered
				nursing home administrators may present their views thereon.
G. If the Board finds that an imminent peril
				to the public health, safety or welfare requires adoption of a rule upon fewer
				than ten (10) days' notice and states in writing its reasons for that finding,
				it may proceed without prior notice or hearing 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 120 days, but the adoption of an
				identical rule as a permanent part of these Rules and Regulations is not
				precluded.
H. No rule adopted on or
				after August 1997, is valid unless adopted in substantial compliance with this
				Section, provided however, that the inadvertent failure to mail notice to any
				person as provided in this Section shall not invalidate any rule adopted
				hereunder.
I. An interested person
				may petition an agency requesting the promulgation, amendment, or repeal of a
				rule. The Board shall prescribe the form for petitions and the procedure for
				their submission of a petition. The Board shall either deny the petition in
				writing, stating the reason for the denial, or shall initiate rulemaking
				proceedings.
J. In addition to the
				above, the rules or parliamentary procedure as laid down in "Robert's Rules of
				Order, Newly Revised" shall govern all meetings of the Board.
K. These revised Rules and Regulations shall
				take effect the First Day of August, 2002, and shall replace those Rules and
				Regulations previously effective July 1, 1975, and amendments thereto by Board
				action November 21, 1975, April 6, 1976, July 1, 1976, July 1, 1977, May 10,
				1978, May 16, 1979, July 1, 1979, November 20, 1980, May 14, 1981, February 10,
				1983, July 1, 1983, April 12, 1984, May 24, 1984, March 14, 1986, April 14,
				1987, July 1, 1988, June 20, 1989, December 12, 1990, September 10, 1991,
				October 1, 1992, August 15, 1993, May 25, 1995, May 15, 1997, July 15, 1997,
				August 25, 1997, January 1, 2000, February 1, 2000, July 1, 2000, November 1,
				2000, July 1, 2001, December 1, 2001, March 1, 2002, Sept. 1, 2002, February 6,
				2003, September 1, 2003, March 1, 2004, April 1, 2006, January 1, 2007, October
				1, 2007, April 1, 2008, June 1, 2008, December 1, 2008, March 1, 2009, July 24,
				2009, September 1, 2009, March 1, 2010, June 1, 2010, June 30, 2011
Miss. Code Ann. Section
				  73-17-7(2)(Rev.
				  2008); and Miss. Code Ann. Section
				  25-43-3.108(Rev.
				  2010).