35 Miss. Code. R. 101-3.7 - Rulemaking Oral Proceedings

A. This rule 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 Board pursuant to the Administrative Procedures Act.

B. 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.

1) Each request must by on 8-1/2" x 11" white paper.

2) The request may be in the form of a letter addressed to the Board or in the form of a pleading as if filed with a court.

3) Each request must include the full name, telephone numbers, and mailing address of the requestor(s).

4) 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.

C. 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 Board 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 Executive Director, or designee who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

D. Public participation shall be permitted at oral proceedings in accordance with the following:

1) At an oral proceeding on a proposed rule, persons may make statements and present documentary and physical submissions concerning the proposed rule.

2) Persons wishing to make oral presentations at such a proceeding shall notify the Board 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 Board prior to the proceeding.

3) 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.

4) 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.

5) 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 proceedings.

6) Where time permits and to facilitate 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.

E. Physical and Documentary Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions shall become the property of the Board, part of the rulemaking record, and are subject to the Board's public records request procedure. The Board may record oral proceedings by stenographic or electronic means.

Notes

35 Miss. Code. R. 101-3.7

Miss. Code Ann. § 25-43-2.105 (Rev. 2006)