reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Treasury › Student Financial Services Bureau › Children of Veterans Tuition Grant Program › Section R. 390.1901 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1901. As used in these rules:
(a) "Act" means the children of veterans
				tuition grant act, 2005 PA 248, MCL 390.1341 to 390.1346.
(b) "Eligible age" means the student has
				reached 17 years of age and has not yet reached 26 years of age at the start of
				the enrollment period.
(c)
				"Eligible program" means courses at an eligible institution that are applicable
				or transferable to a baccalaureate or associate degree.
(d) "Enrollment" means the period of time
				defined by a participating school's academic calendar as the times when
				semesters or terms of instruction begin and end.
(e) "Full time enrollment" is defined as
				enrollment in 24 semester or 36 terms credits within an academic
				year.
(f) "Part-time enrollment"
				means students enrolled at least half time as determined on an enrollment count
				date that is established by each eligible institution.
(g) "Participating school" means an eligible
				postsecondary institution as defined in section 2 of the act that elects to
				participate in the children of veterans tuition grant program.
(h) "Satisfactory academic progress" means
				compliance with the standards of enrollment established by the eligible
				institution pursuant to the federal higher education act of 1965, as amended,
				regarding minimal criteria of academic progress needed to maintain eligibility
				for federal title IV student aid programs.
(i) "Tuition-specific gift aid" means a
				financial aid scholarship or grant that is designated specifically for the
				payment of postsecondary tuition charges and that cannot be used to pay any
				other education-related expenses.
Michigan Administrative Code › Department - Treasury › Student Financial Services Bureau › Children of Veterans Tuition Grant Program › Section R. 390.1903 - Responsibilities of participating school

Current through Vol. 24-12, July 15, 2024
Rule 1903. A participating school shall do all of the
				  following:
(a) Upon receipt of a
				letter of eligibility provided by the department of treasury, shall bill the
				authority for funds on behalf of students meeting the eligibility requirements
				described in section 4 of the act and these rules.
(b) Apply funds to eligible students'
				accounts.
(c) Confirm enrollment
				and submit other reports regarding expenditures and related data to the
				authority on a timely basis.
(d)
				Monitor the grade point averages and academic progress for grant
				recipients.
(e) Return refunds to
				the program promptly during the academic year.
(f) Not bill for tuition for a term or
				semester ending before an application has been received by the
				authority.
(g) Tuition may be
				billed for repeat courses, online courses, and off-campus study
				courses.
Michigan Administrative Code › Department - Treasury › Student Financial Services Bureau › Children of Veterans Tuition Grant Program › Section R. 390.1904 - Additional grant eligibility requirements

Current through Vol. 24-12, July 15, 2024
Rule 1904. The authority, in conjunction with a participating
				  school, may determine that an individual is eligible for a grant upon meeting
				  the requirements of section 4 of the act and all of the following
				  requirements:
(a) Possesses a high
				school diploma or GED certificate, or is accepted for enrollment at an eligible
				postsecondary institution as defined in section 2(c) of the act.
(b) Is enrolled at least half time as
				determined at the end of the participating school's refund period.
(c) Is not in default on a federal title IV
				student loan and does not owe a refund of a federal title IV grant.
(d) Is making satisfactory academic progress
				as determined by the participating school.
(e) Meets the program's eligible age
				requirement prior to the beginning of an enrollment period.
(f) Is not currently incarcerated in a
				correctional facility on either a full-time or part-time basis. Students become
				ineligible for funds immediately if incarcerated or at the start of the next
				enrollment term if it is beyond the participating school's refund
				period.
Michigan Administrative Code › Department - Treasury › Student Financial Services Bureau › Children of Veterans Tuition Grant Program › Section R. 390.1905 - Probation, suspension, and termination due to grades

Current through Vol. 24-12, July 15, 2024
Rule 1905. An eligible student who meets the requirements of
				  the act and
				  R 390.1904 shall receive benefits
				  under the act if the student's grade point average remains at or above 2.25.
				  Both of the following shall apply:
(a)
				A student who fails to achieve a cumulative grade point average of 2.25 will be
				placed on probationary status for 1 term or semester during which time the
				student may continue to receive grant assistance.
(b) A student who fails to achieve a
				cumulative grade point average of 2.25 after being placed on probationary
				status for 1 term or semester shall be placed on suspension during which time
				grant assistance will be suspended. The student will remain on suspension until
				documentation of the required 2.25 cumulative grade point average is received
				by the authority in accordance with
				R
				390.1906(b).
Michigan Administrative Code › Department - Treasury › Student Financial Services Bureau › Children of Veterans Tuition Grant Program › Section R. 390.1906 - Reinstatement of eligibility

Current through Vol. 24-12, July 15, 2024
Rule 1906. Reinstatement of eligibility for assistance under
				  this act shall be granted under the following circumstances:
(a) A student who has become ineligible for
				assistance for failure to comply with the provisions of the act or
				R 390.1904 may be reinstated if he
				or she has a cumulative grade point average of 2.25 and can provide evidence to
				the authority of complying with the act and
				R 390.1904.
(b) A student who has become ineligible for
				assistance pursuant to
				R 390.1905(b) may
				be reinstated if he or she meets both of the following criteria:
(i) After a term or semester of being placed
				on suspension, the student raises his or her cumulative grade point average to
				2.25 or above and can provide documentation to the authority of such through a
				college transcript.
(ii) The
				student continues to meet the provisions of the act and
				R 390.1904.
Michigan Administrative Code › Department - Treasury › Student Financial Services Bureau › Children of Veterans Tuition Grant Program › Section R. 390.1907 - Length of eligibility

Current through Vol. 24-12, July 15, 2024
Rule 1907. Students meeting all eligibility requirements in
				  the act and in these rules shall remain eligible for grant assistance until any
				  of the following occur:
(a) The
				student has received 4 academic years of grant assistance which is counted as 8
				semesters or 12 terms of grant payments.
(b) The student has received a total of
				$11,200 in grant assistance.
(c)
				The student reaches age 26 prior to the term of enrollment for which grant
				assistance is requested.
Michigan Administrative Code › Department - Treasury › Student Financial Services Bureau › Children of Veterans Tuition Grant Program › Section R. 390.1908 - Grant amount

Current through Vol. 24-12, July 15, 2024
Rule 1908. The maximum grant a student may receive is $2,800
				  per academic year, or the amount of eligible costs minus other tuition-specific
				  gift aid, whichever amount is less.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 1 - Responsibilities of the Secretary of State under the Administrative Procedures Act › Rule 1-1-1.1 - Repeal of Prior Rules

Current through June 25, 2024
Upon their effective date, these rules and regulations
				  supersede and repeal all previous rules and regulations promulgated under the
				  Administrative Procedures Act and adopted as Title 01 - Administrative Law and
				  Secretary of State; Part I- Administrative Rules and Part II- Model Rules for
				  Use by All Agencies.
Miss. Code Ann.§
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 1 - Responsibilities of the Secretary of State under the Administrative Procedures Act › Rule 1-1-1.2 - Administrative Procedures Act Requirements

Current through June 25, 2024
The Mississippi Administrative Procedures Act requires the
				  Secretary of State to:
A. Publish an
				Administrative Bulletin
B. Compile
				an Administrative Code
C. Issue
				certain standards for the filing of administrative rules with the Secretary of
				State's Office, and
D. Issue model
				administrative rules for use by other state agencies.
Miss. Code Ann.§
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 2 - Compilation, Indexing, and Publication of the Mississippi Administrative Bulletin › Rule 1-1-2.1 - Mississippi Administrative Bulletin

Current through June 25, 2024
The title of the official legal bulletin published by the
				  Secretary of State pursuant to the Administrative Procedures Act is the
				  Mississippi Administrative Bulletin. The short form of the title for citation
				  purposes shall be Miss. Admin.
Bull. The Mississippi Administrative Bulletin is an
				  electronic publication and is published via the Mississippi Secretary of
				  State's website:
www.sos.ms.gov
. The
				  Mississippi Administrative Bulletin is updated as needed within two (2)
				  business days of the filing of notice of a proposed rule adoption, notice of
				  adoption of an emergency rule, or notice of adoption of final
				  rule.
Miss. Code Ann.§
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 2 - Compilation, Indexing, and Publication of the Mississippi Administrative Bulletin › Rule 1-1-2.2 - Emergency Rules

Current through June 25, 2024
According to Section
				  25-43-3.108
				  of the Administrative Procedures Act, an emergency rule may be adopted when an
				  agency finds that an imminent peril to the public health, safety or welfare
				  requires adoption of the rule in a shorter period of time than is required by
				  Section
				  25-43-3.103.
				  These rules may be effective for a period of not longer than one hundred twenty
				  (120) days and may be renewed for another ninety (90) day period. Adoption of
				  an identical rule under the normal process is not precluded.
Miss. Code Ann.§
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 2 - Compilation, Indexing, and Publication of the Mississippi Administrative Bulletin › Rule 1-1-2.4 - Right to Organize, Reject, and Edit

Current through June 25, 2024
The Secretary of State reserves the right to organize,
				  reject, and edit rules for publication and codification as provided in Section
				  25-43-2.101
				  of the Administrative Procedures Act. Minor typographical errors that in no way
				  impact the substance or the content of a filing may be corrected by the
				  Secretary of State's Office prior to or following publication. More substantive
				  errors, such as omitted text, will be returned to the submitting agency for
				  correction and re-submission. The re-submission of a corrected or an amended
				  filing that does not impact content or substance relates back to the date of
				  original filing for the purpose of computing any required time under the
				  Administrative Procedures Act. The Secretary of State reserves the right to
				  reject a filing or to cancel a filing for any submission that is out of
				  compliance with the format prescribed by these rules if the submission would
				  disrupt the uniform organization of the Bulletin or the Code or any submission
				  not in compliance with the statutory requirements for notice and due
				  process.
Miss. Code Ann. §
										25-43-2.101(1),(4)
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 2 - Compilation, Indexing, and Publication of the Mississippi Administrative Bulletin › Rule 1-1-2.5 - Transfer of Adopted Rules to the Mississippi Administrative Code

Current through June 25, 2024
Following the final effective date of a rule, such rule will
				  be transferred from the Mississippi Administrative Bulletin to the Mississippi
				  Administrative Code. All Administrative Bulletin publications will be
				  accessible on the Secretary of State's website for up to five (5) years. Beyond
				  a five (5) year period, the Secretary of State reserves the right to maintain
				  an archive in any practical medium and to charge a copy and retrieval fee
				  consistent with the public records request policy established by the Secretary
				  of State's Office.
Miss. Code Ann. §
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 3 - Compilation, Indexing, and Publication of the Mississippi Administrative Code › Rule 1-1-3.1 - Mississippi Administrative Code Publication

Current through June 25, 2024
The title of the official legal codification published
				  pursuant to Section
				  25-43-2.101(5)
				  shall be The Mississippi Administrative Code.
The short form of the title for citation purposes shall be
				  Miss. Admin. Code. The Mississippi Administrative Code is an electronic
				  publication and is published on the Mississippi Secretary of State's website:
www.sos.ms.gov
. The Code is
				  supplemented as needed within two (2) business days of the effective date of
				  final adopted rules.
Miss. Code Ann.§
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 3 - Compilation, Indexing, and Publication of the Mississippi Administrative Code › Rule 1-1-3.2 - Submission of Formatted Compilations Required

Current through June 25, 2024
Each agency shall submit a complete and current compilation
				  of its rules and regulations to the Secretary of State no later than June 30,
				  2011. Compilations shall be formatted in accordance with these rules unless
				  otherwise approved by the Secretary of State's Office as contemplated by Miss.
				  Code Ann. §
									25-43-1.103(4).
				  Any rules submitted to the Secretary of State that are not formatted in
				  accordance with these rules may be rejected pursuant to Rule
				  2.4 of this Part.
Miss. Code Ann.§
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 4 - Rule Making Procedures › Rule 1-1-4.1 - Mediums of Rule Submission

Current through June 25, 2024
A. The agency
				submitting a
proposed
rule for publication in the Mississippi
				Administrative Bulletin shall submit four (4) documents as listed below:
1. Word version of Form 001 and
				002,
2. PDF version of Form 001 and
				002,
3. Word version of rule text,
				and
4. PDF version of rule text.
If your agency decides not to file a Concise Summary of
				  Economic Impact Statement (Form 002), you may omit the Word and PDF versions of
				  Form 002.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 4 - Rule Making Procedures › Rule 1-1-4.2 - Date of Submission

Current through June 25, 2024
Any submission received by email or electronic storage media
				  after midnight on a weekday, any weekend, official holiday, or on any day the
				  Secretary of State's Office is closed will be considered filed on the following
				  business day that the Secretary of State's Office is open for
				  business.
Miss. Code Ann.§
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 4 - Rule Making Procedures › Rule 1-1-4.3 - Margins and Font

Current through June 25, 2024
All rule text submitted for publication shall be formatted
				  with 1 inch margins and single sided pages. Rule text shall be typewritten
				  using a 12 point Times New Roman font and shall generally be single spaced with
				  double spaces between paragraphs of rule text and between sources of authority
				  for the rules.
Miss. Code Ann.§
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 4 - Rule Making Procedures › Rule 1-1-4.4 - Authorized Forms

Current through June 25, 2024
The following forms are required by the Secretary of State
				  for use by agencies in submitting rules for publication in the Mississippi
				  Administrative Bulletin:
A.
				Administrative Procedures Notice Filing, SOS APA Form 001.
B. Concise Summary of Economic Impact
				Statement, SOS APA Form 002.
Forms must be obtained by contacting the Regulation and
				  Enforcement Division of the Secretary of State's Office at (601)
				  359-9055.
Miss. Code Ann.§
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 4 - Rule Making Procedures › Rule 1-1-4.5 - Administrative Procedures Filing Notice

Current through June 25, 2024
Each rule submitted for publication shall include a
				  completed Administrative Procedures Notice Filing, SOS APA Form 001. This form
				  must be included on the electronic storage media or in the email submission in
				  both formats (Word and PDF formats) The PDF electronic image must include the
				  required original signature of the person authorized to file rules for the
				  submitting agency along with the typewritten name and title of the person
				  signing the document and date. For the Word format, signature should be
				  represented with an "/s/".
Miss. Code Ann.§
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 4 - Rule Making Procedures › Rule 1-1-4.6 - Concise Summary of Economic Impact Statement

Current through June 25, 2024
Where required by the Administrative Procedures Act, each
				  proposed rule shall include the Concise Summary of Economic Impact Statement -
				  APA Form 002. This form must be included on the electronic storage media or in
				  the email submission in both formats (Word and PDF formats). The PDF electronic
				  image must include the required original signature of the person authorized to
				  file rules for the submitting agency along with the typewritten name and title
				  of the person signing the document and the date. For the Word format, the
				  signature should be represented with an "/s/".
Miss. Code Ann.§
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 4 - Rule Making Procedures › Rule 1-1-4.8 - Source of Authority Requirements

Current through June 25, 2024
At the end of each submitted rule the submitting agency must
				  identify the statutory authority (the "source") for the adoption, amendment, or
				  repeal of the submitted rule. The source of authority consists of a citation to
				  the statute conferring the authority to promulgate the rule. The inclusion of
				  the source information following the rule is for reference only and shall not
				  be considered as substantive rule text. An example of the source of authority
				  for the promulgation of this rule as it must appear for publication is as
				  follows: Source:
Miss. Code Ann.
§
									25-43-2.101
				  (Rev. 2006).'
Miss. Code Ann. §
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 4 - Rule Making Procedures › Rule 1-1-4.9 - Organization of Rule Submissions

Current through June 25, 2024
When agencies submit rules to the Secretary of State's
				  Office for filing as either proposed rules or for final adoption, the
				  organization and format described below must be followed unless otherwise
				  approved by the Secretary of State's Office.
A.
Proposed amendments
to
				existing rules must include FOUR (4) documents:
1. Word and PDF version of:
a. Notice Filing (SOS APA Form
				001).
b. Concise Summary of
				Economic Impact Statement (SOS APA Form 002), if required.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 4 - Rule Making Procedures › Rule 1-1-4.10 - Pagination Requirements

Current through June 25, 2024
A. The submitting
				agency must include a page number at the bottom of each page beginning with the
				first page of rule text (not the filing notice or the Summary of Economic
				Impact Statement) and continuing without interruption throughout the entire
				submission. This includes any variance text that immediately follows. Variance
				text is a separate copy of a rule or set of rules that reflects the changes
				indicated using a and
underscore
method.
Do not
				re-set the pagination to page 1 for the first page of the variance text.
Consecutive, uninterrupted pagination is needed to refer to differences between
				existing rule text and proposed rule text in written communication. For
				example, the Secretary of State's Office decides to change Rules 1 - 5 of
				Chapter 30. The proposed text for these rules is ten (10) pages long. The
				variance text is fifteen (15) pages long. The Secretary of State's Office would
				number this submission from page 1 through page 25 consecutively.
Only final, effective rules are published in the
				  Administrative Code. The variance text is only published in the Administrative
				  Bulletin for the public's benefit for comparative purposes.
B. Page numbers should appear at the bottom
				center of the page. Do not paginate the filing notice page (SOS APA Form 1) or
				the Summary of Economic Impact Statement, if filed (SOS APA Form
				002).
Miss. Code Ann.§
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 5 - Bulletin and Code Access and Notice-Effect of Publication › Rule 1-1-5.1 - Bulletin and Code Access

Current through June 25, 2024
The Mississippi Administrative Bulletin and the Mississippi
				  Administrative Code may be accessed without charge over the internet at
www.sos.ms.gov
. Photocopies of
				  specific rules or regulations are available from the issuing agency or the
				  Secretary of State. The requestor may be charged statutory or other reasonable
				  fees for photocopies.
Miss. Code Ann.§
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 5 - Bulletin and Code Access and Notice-Effect of Publication › Rule 1-1-5.2 - Notice of Administrative Procedures Act Rules

Current through June 25, 2024
Unless otherwise specifically provided by statute, the
				  publication described herein, except in cases where notice by publication is
				  insufficient in law, shall be sufficient to give notice of the contents of such
				  documents to any person subject thereto or affected thereby.
Miss. Code Ann.§
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 5 - Bulletin and Code Access and Notice-Effect of Publication › Rule 1-1-5.3 - Judicial Notice

Current through June 25, 2024
The contents of the Mississippi Administrative Bulletin and
				  the Mississippi Administrative Code shall be given judicial notice to the
				  extent provided by law.
Miss. Code Ann.§
										25-43-2.101
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 6 - Applicability and Relation to Other Law › Rule 1-1-6.1 - Statutory Conflict

Current through June 25, 2024
Specific statutory provisions which govern an agency's rules
				  or related proceedings and which are in conflict with any of these rules shall
				  continue to apply to rules and proceedings of any such agency to the extent of
				  such conflict only. In cases in which an agency's rule formatting or structure
				  is dictated by such conflicting statutory provisions, the Secretary of State
				  may waive formatting requirements to accommodate such agency.
Miss. Code Ann.§
										25-43-1.103
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 6 - Applicability and Relation to Other Law › Rule 1-1-6.2 - Conflict with any law

Current through June 25, 2024
These rules and the statutes from which they are promulgated
				  shall not be construed to amend, repeal, or supersede the provisions of any
				  other law; and, to the extent that the provisions of any other law conflict or
				  are inconsistent with the provisions of these rules and the statutes from which
				  they are promulgated, the provisions of such other law shall govern and
				  control.
Miss. Code Ann.§
										25-43-1.103
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 6 - Applicability and Relation to Other Law › Rule 1-1-6.3 - Effective Date

Current through June 25, 2024
These rules and the statutes from which they are promulgated
				  do not relieve an agency from compliance with any provision of law requiring
				  that some or all of its rules be approved by other designated officials or
				  bodies before they become effective.
Miss. Code Ann.§
										25-43-3.113
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 7 - Rulemaking Oral Proceedings [Model] › Rule 1-1-7.1 - Model Rules

Current through June 25, 2024
This chapter consists of model rules for oral proceedings
				  held to provide the public an opportunity to comment on submissions made under
				  the Administrative Procedures Act and the Rules in this Title. The Secretary of
				  State's Office is required to provide these model rules under Miss. Code Ann.
				  §
									25-43-2.105.
				  Agencies are not required to adopt these model rules.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 7 - Rulemaking Oral Proceedings [Model] › Rule 1-1-7.2 - Application of Chapter

Current through June 25, 2024
[Model] This chapter 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 [Agency] pursuant to the
				  Administrative Procedures Act.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 7 - Rulemaking Oral Proceedings [Model] › Rule 1-1-7.3 - Request for Oral Proceeding

Current through June 25, 2024
[Model] When a political subdivision, an agency, or a
				  citizen requests 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 [Agency] 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.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 7 - Rulemaking Oral Proceedings [Model] › Rule 1-1-7.4 - Notice of Oral Proceeding

Current through June 25, 2024
[Model] 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 each requestor. The oral proceedings will be
				  scheduled no earlier than twenty (20) days from the filing of the notice with
				  the Secretary of State. The Agency Head, or designee who is familiar with the
				  substance of the proposed rule, shall preside at the oral proceeding on a
				  proposed rule.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 7 - Rulemaking Oral Proceedings [Model] › Rule 1-1-7.5 - Public Participation Guidelines

Current through June 25, 2024
[Model] Public participation shall be permitted at oral
				  proceedings in accordance with the following:
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 [Agency] 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
				[Agency] 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, however, 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.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 7 - Rulemaking Oral Proceedings [Model] › Rule 1-1-7.6 - Submissions and Records

Current through June 25, 2024
[Model] 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 [Agency], part of the rulemaking
				  record, and are subject to the [Agency's] public records request procedure. The
				  [Agency] may record oral proceedings by stenographic or electronic
				  means.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 8 - Declaratory Opinions [Model] › Rule 1-1-8.1 - Model Rules

Current through June 25, 2024
This chapter consists of model rules addressing the public's
				  request for declaratory opinions and an agency's disposition of requests for
				  declaratory opinions. The Secretary of State's Office is required to provide
				  these model rules under Miss. Code Ann. §
									25-43-2.105.
				  Agencies are not required to adopt these model rules.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 8 - Declaratory Opinions [Model] › Rule 1-1-8.2 - Application of Chapter

Current through June 25, 2024
[Model] This chapter sets forth the [Agency's] rules
				  governing the form, content, and filing of requests for declaratory opinions,
				  the procedural rights of persons in relation to the written requests, and the
				  [Agency's] procedures regarding the disposition of requests as required by
				  Mississippi Code §
									25-43-2.103.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 8 - Declaratory Opinions [Model] › Rule 1-1-8.3 - Scope of Declaratory Opinions

Current through June 25, 2024
[Model] The [Agency] will issue declaratory opinions
				  regarding the applicability to specified facts of:
A. a statute administered or enforceable by
				the [Agency],
B. a rule promulgated
				by the [Agency], or
C. an order
				issued by the [Agency].
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 8 - Declaratory Opinions [Model] › Rule 1-1-8.4 - Scope of Declaratory Opinion Request

Current through June 25, 2024
[Model] A request must be limited to a single transaction or
				  occurrence.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 8 - Declaratory Opinions [Model] › Rule 1-1-8.5 - How to Submit Requests

Current through June 25, 2024
[Model] When a person with substantial interest, as required
				  by Section
				  25-43-2.103
				  of the Administrative Procedures Act, requests a declaratory opinion, 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 [Agency] 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.
E. Each request must clearly state that it is
				a request for a declaratory opinion.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 8 - Declaratory Opinions [Model] › Rule 1-1-8.6 - Signature Attestation

Current through June 25, 2024
[Model] Any party who signs the request shall attest that
				  the request complies with the requirements set forth in these rules, including
				  but not limited to a full, complete, and accurate statement of relevant facts
				  and that there are no related proceedings pending before any agency,
				  administrative, or judicial tribunal.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 8 - Declaratory Opinions [Model] › Rule 1-1-8.7 - Request Content Requirement

Current through June 25, 2024
[Model] Each request must contain the following:
A. A clear identification of the statute,
				rule, or order at issue;
B. The
				question for the declaratory opinion;
C. A clear and concise statement of all facts
				relevant to the question presented;
D. The identity of all other known persons
				involved in or impacted by the facts giving rise to the request including their
				relationship to the facts, and their name, mailing address, and telephone
				number; and
E. A statement
				sufficient to show that the requestor has a substantial interest in the subject
				matter of the request.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 8 - Declaratory Opinions [Model] › Rule 1-1-8.8 - Reasons for Refusal of Declaratory Opinion Request

Current through June 25, 2024
[Model] The [Agency] may, for good cause, refuse to issue a
				  declaratory opinion. The circumstances in which declaratory opinions will not
				  be issued include, but are not necessarily limited to:
A. The matter is outside the primary
				jurisdiction of the [Agency];
B.
				Lack of clarity concerning the question presented;
C. There is pending or anticipated
				litigation, administrative action or anticipated administrative action, or
				other adjudication which may either answer the question presented by the
				request or otherwise make an answer unnecessary;
D. The statute, rule, or order on which a
				declaratory opinion is sought is clear and not in need of interpretation to
				answer the question presented by the request;
E. The facts presented in the request are not
				sufficient to answer the question presented;
F. The request fails to contain information
				required by these rules or the requestor failed to follow the procedure set
				forth in these rules;
G. The
				request seeks to resolve issues which have become moot or are abstract or
				hypothetical such that the requestor is not substantially affected by the rule,
				statute, or order on which a declaratory opinion is sought;
H. No controversy exists or is certain to
				arise which raises a question concerning the application of the statute, rule,
				or order;
I. The question presented
				by the request concerns the legal validity of a statute, rule, or order;
J. The request is not based upon
				facts calculated to aid in the planning of future conduct, but is, instead,
				based on past conduct in an effort to establish the effect of that conduct;
K. No clear answer is
				determinable;
L. The question
				presented by the request involves the application of a criminal statute or sets
				forth facts which may constitute a crime;
M. The answer to the question presented would
				require the disclosure of information which is privileged or otherwise
				protected by law from disclosure;
N. The question is currently the subject of
				an Attorney General's opinion request;
O. The question has been answered by an
				Attorney General's opinion;
P. One
				or more requestors have standing to seek an Attorney General's opinion on the
				proffered question;
Q. A similar
				request is pending before this agency, or any other agency, or a proceeding is
				pending on the same subject matter before any agency, administrative or
				judicial tribunal, or where such an opinion would constitute the unauthorized
				practice of law; or
R. The
				question involves eligibility for a license, permit, certificate or other
				approval by the [Agency] or some other agency and there is a statutory or
				regulatory application process by which eligibility for said license, permit,
				or certificate or other approval may be determined.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 8 - Declaratory Opinions [Model] › Rule 1-1-8.9 - Agency Response

Current through June 25, 2024
[Model] Within forty-five (45) days after the receipt of a
				  request for a declaratory opinion which complies with the requirements of these
				  rules, the [Agency] shall, in writing:
A. Issue an opinion declaring the
				applicability of the statute, rule, or order to the specified
				circumstances;
B. Agree to issue a
				declaratory opinion by a specified time but no later than ninety (90) days
				after receipt of the written request; or
C. Decline to issue a declaratory opinion,
				stating the reasons for its action. The forty-five (45) day period shall begin
				on the first business day after which the request is received by the
				[Agency].
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 1 - Administrative Law › Chapter 8 - Declaratory Opinions [Model] › Rule 1-1-8.10 - Availability of Declaratory Opinions and Requests for Opinions

Current through June 25, 2024
[Model] Declaratory opinions and requests for declaratory
				  opinions shall be available for public inspection and copying at the expense of
				  the viewer during normal business hours. All declaratory opinions and requests
				  shall be indexed by name, subject, and date of issue. Declaratory opinions and
				  requests which contain information which is confidential or exempt from
				  disclosure under the Mississippi Public Records Act or other laws shall be
				  exempt from this requirement and shall remain confidential.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 1 - Organization of the Secretary of State's Office › Rule 1-2-1.1 - Repeal of Prior Rules

Current through June 25, 2024
Upon their effective date, these rules and regulations
				  supersede and repeal all previous rules and regulations promulgated under the
				  Administrative Procedures Act and adopted as Title 01 - Administrative Law and
				  Secretary of State Part II Secretary of State.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 1 - Organization of the Secretary of State's Office › Rule 1-2-1.2 - Chapter Content

Current through June 25, 2024
In accordance with Section
				  25-43-2.104(a) of
				  the Mississippi Administrative Procedures Act, this chapter describes the
				  Secretary of State's duties and responsibilities, the organization of the
				  Office of the Secretary of State ("SOS"), its methods of operation, and how the
				  public can contact the agency to make submissions or
				  requests.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 1 - Organization of the Secretary of State's Office › Rule 1-2-1.3 - Secretary of State Duties

Current through June 25, 2024
The Secretary of State is an officer of the executive branch
				  of state government elected by the people pursuant to Article 5, Section 133 of
				  the Mississippi Constitution. The Secretary of State is the keeper of the
				  Capitol, registrar of all official acts of the Governor and performs other
				  duties as required by various statutes. There are specific statutory duties in
				  the following general areas: elections, public lands, business, regulation,
				  charities, securities, and publications.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 1 - Organization of the Secretary of State's Office › Rule 1-2-1.4 - Secretary of State's Office Organization

Current through June 25, 2024
The Secretary of State's Office consists of Assistant
				  Secretaries of State and other staff who assist the Secretary in carrying out
				  the responsibilities of the Office. The Secretary of State's Office is divided
				  into the following operating divisions:
A. Support Services
1. Executive
2. Human Resources
3. Finance
4. Technology Services
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 1 - Organization of the Secretary of State's Office › Rule 1-2-1.5 - Delegation of Authority

Current through June 25, 2024
Authority to act on behalf of the Secretary of State is
				  delegated to the following positions:
A. Chief of Staff serves as the Deputy
				Secretary of State and is delegated authority to act for the Secretary on all
				matters.
B. Assistant Secretaries
				of State are delegated authority to act for the Secretary of State on all
				matters within their assigned area of responsibility.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 1 - Organization of the Secretary of State's Office › Rule 1-2-1.6 - Contact Information

Current through June 25, 2024
A current listing of contact information for the SOS may be
				  found at
www.sos.ms.gov
or obtained
				  by calling (601)359-1350.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 2 - Rulemaking Oral Proceedings › Rule 1-2-2.1 - Application of Chapter

Current through June 25, 2024
This chapter applies to all oral proceedings held for the
				  purpose of providing the public an opportunity to make oral presentations or
				  written input on proposed new rules, amendments to rules, and proposed repeal
				  of existing rules before the Secretary of State's Office (SOS) pursuant to the
				  Administrative Procedures Act.
Miss. Code
				  Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 2 - Rulemaking Oral Proceedings › Rule 1-2-2.2 - Request for Oral Proceeding

Current through June 25, 2024
When a political subdivision, an agency, or a citizen
				  requests an oral proceeding in regard to a proposed rule adoption, the
				  requestor must submit a printed, typewritten, or legibly handwritten request.
				  Pursuant to Section 25-43- 3.104, when an oral proceeding has not been
				  scheduled by the SOS, an oral proceeding will be scheduled when a written
				  request is submitted by a political subdivision, an agency, or ten (10) or more
				  persons.
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 Secretary of State 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.
Miss. Code
				  Ann. §
										25-43-2.104 and
				  -3.104.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 2 - Organization and Executive Policies and Procedures › Chapter 2 - Rulemaking Oral Proceedings › Rule 1-2-2.3 - Notice of Oral Proceeding

Current through June 25, 2024
Notice of the date, time, and place of all oral proceedings
				  shall be filed with the SOS, Business Services and Regulation Division for
				  publication in the Administrative Bulletin. The Secretary of State shall
				  provide notice of oral proceedings to each requestor. The oral proceedings will
				  be scheduled no earlier than twenty (20) days from the filing of the notice
				  with the Secretary of State. The Secretary of State, Assistant Secretary of
				  State, or designee who is familiar with the substance of the proposed rule,
				  shall preside at the oral proceeding on a proposed rule.
Miss. Code
				  Ann. §
										25-43-2.104.