10 Miss. Code. R. 201-3.14 - Institution/Entity Closure

State Regulations
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A. Planned Closure

Approval will be withdrawn after all actions involved in the closure have been completed. When an institution or entity plans a closing, institution or entity officials must communicate their plan to include teach-out plans and agreements to the Commission and all parties concerned including current and former students, faculty and staff, accrediting bodies, Closed School Unit at the United States Department of Education (where federal financial aid is involved), and all affected lending agencies. It is advisable that the institution or entity provide each current and former student with a copy of their final transcript and review with them their financial records and tuition refund information.

a. When an authorized postsecondary educational institution or entity proposes to discontinue its operation, the institution or entity shall notify the Commission and submit a Closing an Institution application within sixty (60) days.

b. An institution or entity that will cease operations shall maintain sufficient and qualified faculty, staff, and equipment to teach all courses to all currently enrolled students, regardless of the size of the class, until such time as the institution or entity closes.

c. An institution/entity and its owners are jointly and separately responsible to arrange at their expense for the storage and safekeeping of all student records required to be maintained and destruction of records not required to be maintained. This includes paying the costs of the transfer of records to the third-party repository and for the costs of maintaining the records.

d. Neither the Commission nor the Mississippi Institutions of Higher Learning shall store or maintain records.

B. Unplanned Closure

In the event of an unplanned closure (without proper notification and process), the Commission will immediately revoke approval of the institution or other entity upon learning of the unplanned closure. Such a revocation status shall be maintained as part of the Commission closure file on the institution or entity and any individuals directly involved, including, but not limited to, the owners, incorporators, chief executive officer, director, and board chair.

a. An institution/entity and its owners are jointly and separately responsible to arrange at their expense for the storage and safekeeping of all student records required to be maintained and destruction of records not required to be maintained. This includes paying the costs of the transfer of records to the third-party repository and for the costs of maintaining the records.

b. Neither the Commission nor the Mississippi Institutions of Higher Learning shall store or maintain records.

Notes

10 Miss. Code. R. 201-3.14

Adopted 6/12/2023 Amended 2/19/2024 Amended 6/6/2025

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.

When a political subdivision, an agency, or ten (10) persons request(s) an oral proceeding in regard to a proposed rule adoption within twenty (20) days after the filing of the notice of the proposed rule, the requestor must submit a printed, typewritten, or legibly handwritten request. Each request must be submitted on standard business size paper (8 1/2 inches x 11 inches) and include the full name, telephone numbers, physical and mailing address(es) of the requestor(s). All requests shall be signed by the person submitting the request, unless represented by an attorney, in which case the attorney may sign the request.

A. Notice of Oral Proceeding

a. The date, time, and place of oral proceedings shall be filed with the Secretary of State's Office and mailed to each requestor.

b. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State.

B. Presiding Officer

The chair, or his/her designee, who is familiar with the substance of the proposed rule, will preside at the oral proceeding on a proposed rule.

C. Public Presentations and Participation Public participation will be permitted at oral proceedings in accordance with the following sections.

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 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.

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. Written materials may, however, be submitted at the oral proceeding.

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 participant's time where the orderly conduct of the proceeding so requires.

D. Conduct of Oral Proceeding

a. Presiding Officer

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 the 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 Commission for the proposed rule;

iii. Call on those individuals who have contacted the Commission about speaking on or against the proposed rule;

iv. Allow for rebuttal statements following all participants' comments; and

v. Adjourn the proceeding.

b. Questions

The presiding officer, 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 rulemaking proceeding, including any prior written submissions made by those participants in that proceeding. No participant shall be required to answer any question.

c. 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 Commission, part of the rulemaking record, and are subject to the Commission's public records request procedure.

d. The presiding officer may record oral proceedings by stenographic or electronic means.

Notes

10 Miss. Code. R. 201-3.14

Adopted 6/12/2023 Amended 2/19/2024