Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 3 - Compilation, Indexing, and Publication of the Mississippi Administrative Code › Rule 1-1-3.3 - Organization of the Mississippi Administrative Code

Current through June 25, 2024
A. The
				purpose of the organizational structure set forth in these rules is to allow a
				flexible adaptation for both large, complex agencies as well as smaller
				agencies, boards, or commissions, yet achieve a simplified uniform identity for
				the Administrative Code. The basic organization of the Code is
				Title/Part/Chapter/Rule. Agencies that need additional levels of organization
				may utilize Subparts and Subchapters. Every agency that fully complied with
				prior rules on organization of the Administrative Code on or before January 1,
				2010, as determined by the Secretary of State's Office, may maintain its
				current title assignment and rule structure, provided that any such agency
				submits an updated, complete compilation of its rules as required by Rule 3.2.
				Agencies that must format rules in accordance with federal or other superseding
				law or Agencies that prepare and publish manuals may request a waiver from
				compliance with this rule, in the discretion of the Secretary of State's
				Office.
B. The Mississippi
				Administrative Code is organized into Titles which either correspond to primary
				state agencies or to broad subject matters. Titles are determined by the
				Secretary of State's Office. Title assignments by the Secretary of State are
				compiled in a document called "Index of Titles of the Mississippi
				Administrative Code" which will be posted on the Secretary of State's website
				with the Bulletin and the Code. The Index of Titles of the Mississippi
				Administrative Code shall be updated by the Secretary of State for publication
				on an as needed basis without the necessity of engaging in rulemaking
				procedures pursuant to the Administrative Procedures Act.
C. Parts (and Subparts, where necessary)
				relate to subject or topic areas of responsibility the agency administers.
				These may or may not correspond to the office, branch, or division within an
				agency since each office, branch, or division may administer one or more
				unrelated subjects or multiple related subjects. For small agencies, boards, or
				commissions that administer a single area of responsibility, the use of a
				single Part under the heading "Licensing and Enforcement," for example, may be
				sufficient for its needs. Parts are assigned by the Secretary of State's
				Office. Agencies that share a Title should refer to the Index of Titles of the
				Mississippi Administrative Code to determine the range of Parts assigned to the
				agency.
D. Chapters (and
				Subchapters, where necessary) are groupings of related rules within a Part (or
				Subpart). For example, an agency may group together rules pertaining to
				applications, examinations, licensing, enforcement, fees and fines, hearing
				administration, etc., in respective Chapters, depending upon the agency's
				organizational structure and complexity.
E. A rule is the fundamental unit of the
				Administrative Code. Rules are contained within Chapters or
				Subchapters.
F. Each rule is
				identified with its own Mississippi Administrative Code citation format. The
				structure of the citation is as follows:
[title] Mississippi Administrative Code, Pt.___,
				  R.___.___.
i. [title] represents the
				agency designation or broad subject matter title within which the regulation is
				organized, as assigned by the Secretary of State.
ii. Pt.___represents the Part in which
				Chapters (and Subparts, where necessary) are housed.
iii. R.___.___represents Rule numbers, the
				prefix being the chapter number, and the suffix being the rule number.
1. Example: If the Secretary of State filed
				Rule number 2 in chapter 30, Part 2, the citation is:
1 Mississippi Administrative Code Pt. 2, R. 30.2.
2. The short citation is :
1 Miss. Admin. Code Pt. 2, R. 30.2.
If an agency uses sub-categories not denoted in the above
				  citations, they must include those sub-categories in the rule citation
				  following as closely as possible the citation format noted
				  above.