Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 801 - Administrative Procedure Rules › Chapter 1 - Public Access › Rule 30-801-1.2 - Oral Proceedings on Proposed Rules

Current through June 25, 2024
1. Scope. Part
				801 Chapter 1 Rule
				1.2 of
				these Rules is promulgated pursuant to Miss. Code Ann. §
									25-43-3.104(2)(d)
				 of the Administrative Procedures Law, and
				applies to all oral proceedings held for the purpose of providing the public
				with an opportunity to make oral presentations on proposed new rules and
				amendments to rules before the Board under §
									25-43-3.104.
2. When Oral Proceedings will be Scheduled on
				Proposed Rules. The Board will conduct an oral proceeding on a proposed rule or
				amendment if requested by a political subdivision, an agency or ten (10)
				persons in writing within twenty (20) days after the filing of the notice of
				the proposed rule.
3. Request
				Format. Each request must be printed or typewritten, or must be in legible
				handwriting. Each request must be submitted on standard business letter-size
				paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter
				addressed to the Board and signed by the requestor(s).
4. Notification of Oral Proceeding. The date,
				time and place of all oral proceedings shall be filed with the Secretary of
				States office and mailed to each requestor. The oral proceedings will be
				scheduled no earlier than twenty (20) days from the filing of this information
				with the Secretary of State.
5.
				Presiding Officer. The Executive Director, or his designee who is familiar with
				the substance of the proposed rule, shall preside at the oral proceeding on a
				proposed rule.
6. Public
				Presentations and Participation.
(a) At an
				oral proceeding on a proposed rule, persons may make oral statements and make
				documentary and physical submissions, which may include data, views, comments
				or arguments concerning the proposed rule.
(b) Persons wishing to make oral
				presentations at such a proceeding shall notify the Board at least one business
				day 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 previously contacted the
				Board.
(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 oral presentations when necessary to assure the
				orderly and expeditious conduct of the oral proceeding. To encourage joint oral
				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
				oral presentations are encouraged to avoid restating matters that have already
				been submitted in writing.
(f)
				There shall be no interruption of a participant who has been given the floor by
				the presiding officer, except that the presiding officer may in his or her
				discretion interrupt or end the participants time where the orderly conduct of
				the proceeding so requires.