30 Miss. Code. R. 2701-1.4 - Applicability, Legal Effect, Separability

A. Every rule, regulation, order, and direction adopted by the Board shall state the date on which it takes effect and a copy thereof signed by the Chairman of the Board, and shall be filed as a public record in the office of the Board and in the office of the Secretary of State.

B. The Rules and Regulations of the Board are intended to be consistent with the applicable Federal and State laws and shall be construed, whenever necessary to achieve such consistency.

C. In the event that any provision of these Rules and Regulations is declared unconstitutional or invalid, the applicability of such provision to other persons and circumstances and the constitutionality or validity of every other provision of these Rules and Regulations shall not be affected thereby.

D. These Rules and Regulations shall not affect pending actions or proceedings, civil or criminal, but the same may be prosecuted or defended in the same manner and with the same effect as though these Rules and Regulations had not been promulgated.

E. The Board shall furnish one (1) copy of these Rules and Regulations and any amendment thereof, without charge to each licensed nursing home administrator. Additional copies shall be made available at a nominal cost.

F. Prior to the adoption, amendment, or repeal of any rule, the Board shall give at least ten (10) days' notice of its intended action to all registered nursing home administrators. The notice shall be mailed to the last known address of each registered nursing home administrator. The notice shall be effective when mailed by the Board, whether it is actually received by the person entitled to notice or not. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved and the time when, the place where, and the manner in which registered nursing home administrators may present their views thereon.

G. If the Board finds that an imminent peril to the public health, safety or welfare requires adoption of a rule upon fewer than ten (10) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule. The rule may be effective for a period of not longer than 120 days, but the adoption of an identical rule as a permanent part of these Rules and Regulations is not precluded.

H. No rule adopted on or after August 1997, is valid unless adopted in substantial compliance with this Section, provided however, that the inadvertent failure to mail notice to any person as provided in this Section shall not invalidate any rule adopted hereunder.

I. An interested person may petition an agency requesting the promulgation, amendment, or repeal of a rule. The Board shall prescribe the form for petitions and the procedure for their submission of a petition. The Board shall either deny the petition in writing, stating the reason for the denial, or shall initiate rulemaking proceedings.

J. In addition to the above, the rules or parliamentary procedure as laid down in "Robert's Rules of Order, Newly Revised" shall govern all meetings of the Board.

K. These revised Rules and Regulations shall take effect the First Day of August, 2002, and shall replace those Rules and Regulations previously effective July 1, 1975, and amendments thereto by Board action November 21, 1975, April 6, 1976, July 1, 1976, July 1, 1977, May 10, 1978, May 16, 1979, July 1, 1979, November 20, 1980, May 14, 1981, February 10, 1983, July 1, 1983, April 12, 1984, May 24, 1984, March 14, 1986, April 14, 1987, July 1, 1988, June 20, 1989, December 12, 1990, September 10, 1991, October 1, 1992, August 15, 1993, May 25, 1995, May 15, 1997, July 15, 1997, August 25, 1997, January 1, 2000, February 1, 2000, July 1, 2000, November 1, 2000, July 1, 2001, December 1, 2001, March 1, 2002, Sept. 1, 2002, February 6, 2003, September 1, 2003, March 1, 2004, April 1, 2006, January 1, 2007, October 1, 2007, April 1, 2008, June 1, 2008, December 1, 2008, March 1, 2009, July 24, 2009, September 1, 2009, March 1, 2010, June 1, 2010, June 30, 2011

Notes

30 Miss. Code. R. 2701-1.4

Miss. Code Ann. Section 73-17-7(2)(Rev. 2008); and Miss. Code Ann. Section 25-43-3.108(Rev. 2010).