32 Miss. Code. R. 101-6.3 - Administrative Rules (as required by Mississippi Administrative Procedures Law)

A. Oral Proceedings on Proposed Rules (suggested by 25-43-3. 104 (2) (d) not mandatory)

a. Scope. This rule applies to all oral proceedings held for the purposes of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before Mississippi Industries for the Blind pursuant to 25-43-3. 104

b. When Oral Proceedings will be scheduled on Proposed Rules. Mississippi Industries for the Blind 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.

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 inches by 11 inches). Requests may be in the form of a letter addressed to Mississippi Industries for the Blind.

d. Notice of Oral Proceeding. The date, time and place of all oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with Secretary of State.

e. Presiding Officer. The Executive Director or his/her designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule

f. Public Presentation and Participation.

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 Mississippi Industries for the Blind at least one (1) business day 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 Mississippi Industries for the Blind.

c) At the proceeding, those who participate shall indicate their names and addresses, identifying 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.

f) There shall be no interruption of a participate 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 partisans time when the orderly conduct of the proceeding so requires.

g. 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 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 Mississippi Industries for the Blind for the proposed rule; (iii) call on individuals who have contacted Mississippi Industries for the Blind about speaking on or against the proposed rule; (iv) allow for rebuttal statements following all participant's comments; (v) adjourn the proceeding.

b) Questions. The presiding officer where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding office 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; but no participant shall be required to answer any question.

c) 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 Mississippi Industries for the Blind and subject to Mississippi Industries for the Blind's public records request procedure.

d) Recording. Mississippi Industries for the Blind may record oral proceedings by stenographic or electronic means.

Notes

32 Miss. Code. R. 101-6.3

Miss. Code Ann. § 25-43-3.104 (Rev. 2010)