Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.25 - Rulemaking Oral Proceedings

Current through June 25, 2024
Scope
101 This Rule 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
				Commission pursuant to the Mississippi Administrative Procedures Law.
When an Oral Proceeding will be Scheduled on a Proposed
				  Rule
102 Where an oral
				proceeding has not previously been held or scheduled, the Commission 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.
Format of Request
103.01 Each request must be typewritten. Each
				request must be submitted on standard business letter-size paper (8-1/2 inches
				by 11 inches).
103.02 The request
				may be in the form of a letter addressed to the Commission or as a pleading
				filed with a court.
103.03 Each
				request must include the full name, telephone number, and mailing address of
				the requestor(s).
103.04 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.
Notification of Oral Proceeding
104 The date, time and place of all oral
				proceedings shall be filed with the Secretary of State's 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.
Presiding Officer
105 The Commission or designee, who is
				familiar with the substance of the proposed rule, shall preside at the oral
				proceeding on a proposed rule.
Public Presentations and Participation
106.00 Public participation shall be
				permitted at oral proceedings in accordance with the following sections.
106.01 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.
106.02 Persons wishing to make oral
				presentations at such a proceeding shall notify the Commission 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 previously contacted the Commission.
106.03 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.
106.04 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.
106.05 Persons
				making oral presentations are encouraged to avoid restating matters that have
				already been submitted in writing. Written materials, however, may be submitted
				at the oral proceeding.
106.06
				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 partisan's time where the orderly conduct of
				the proceeding so requires.
Conduct of Oral Proceeding
Presiding Officer
107.01 The presiding officer shall have
				authority to conduct the proceeding in his or her discretion for the orderly
				conduct of the proceeding. The presiding officer shall (i) call proceeding to
				order; (ii) give a brief synopsis of the proposed rule, a statement of the
				statutory authority for the proposed rule, and the reasons provided by the
				Agency for the proposed rule; (ii) call on those individuals who have contacted
				the Agency about speaking on or against the proposed rule; (iii) allow for
				rebuttal statements following all participants' comments; (iv) adjourn the
				proceeding.
Questions
107.02 The presiding officer, where time
				permits and to facilitate the exchange of information, 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 rulemaking proceeding, including any prior
				written submissions made by those participants in that proceeding; but no
				participant shall be required to answer any question.
Physical and Documentary Submissions
107.03 Physical and Documentary Submissions.
				Submissions presented by participants in an oral proceeding shall be submitted
				to the presiding officer. Such submissions become the property of the
				Commission, part of the rulemaking record, and are subject to the Commission's
				public records request procedure.
Recording
107.04 The Commission may record oral
				proceedings by stenographic or electronic means.
Miss. Code Ann. §
										71-3-85.