A. Scope
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 Mississippi State
Board of Medical Licensure ("the Board") pursuant to Mississippi Code, Section
25-43-3.104.
B. 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 and agency or ten (10)
persons in writing within twenty (20) days after the filing of the notice of
the proposed rule. The Board may also schedule an oral proceeding on a proposed
rule on its own motion.
C.
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" by 11"). Requests may be in the form of a letter
addressed to the Board and signed by the requestor(s).
D. Notification of Oral Proceeding
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.
E. Presiding Officer
The President of the Board shall preside at the oral
proceeding on a proposed rule.
F. Public Presentations and Participation
1. 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.
2. 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
presentation. For good cause shown, the presiding officer in his or her
discretion may allow individuals to participate that have not previously
contacted the Board.
3. At the
proceeding, all 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.
4. 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.
5. Persons making oral presentations are
encouraged to avoid restating matters that have already been submitted in
writing.
6. 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 (i)
recognize Board members for questions of the participant, or (ii) interrupt or
end the participant's time where the orderly conduct of the proceeding so
requires. Should the presiding officer recognize a member of the Board for
questions during the participant's presentation, additional time will be
afforded the participant in making his or her presentation.
G. Conduct of Oral Proceeding
1. Presiding Officer
The presiding officer shall have the 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 Board for the proposed rule.
iii. Call on those individuals who have
contacted the Board about speaking on or against the proposed rule.
iv. Recognize Board members for questions of
any participant during their presentation.
v. Allow for rebuttal statements following
all participants' comments.
vi.
Adjourn the proceeding.
2. Physical and Documentary Submissions
Submission presented by participants in an oral proceeding
shall be submitted to the presiding officer. Such submissions become the
property of the Board and become subject to the Open Records Act.
3. Recording
The Board will record oral proceedings by stenographic
means.
