Pursuant to Section
25-43-3.104
of the Mississippi Administrative Procedures Law, the Mississippi Board of
Education must afford persons the opportunity to submit, in writing, argument,
data, and views on a proposed rule. The Board may, in its discretion, schedule
an oral proceeding on any proposed rule. However, the Board
must schedule an oral proceeding on a proposed rule
if, within twenty (20) days after the proper filing of the notice of proposed
rule adoption, a written request for an oral proceeding is submitted by a
political subdivision, an agency or ten (10) persons.
Pursuant to Section
25-43-3.104,
an agency may issue rules for the conduct of oral rule- making proceedings or
prepare reasonable guidelines or procedures for the conduct of any such
proceedings. If a written request for an oral proceeding is received from an
eligible party as described above, the Board prescribes the following
procedures for the conduct of oral hearings.
1. An oral proceeding will be scheduled no
earlier than twenty (20) days after notice of the proceeding's location and
time is properly filed with the Secretary of State for publication in the
administrative bulletin.
2. Within
three (3) days after filing with the Secretary of State, notice of the location
and time for the proceeding shall be mailed to each person who has made a
timely request to the Department to be placed on the mailing list maintained by
the Department of persons who have requested notices of proposed rule
adoptions.
3. Within three (3) days
after filing with the Secretary of State, notice of the location and time for
the proceeding shall be published in newspapers with general circulation
throughout the state.
4. The Board
designates the State Superintendent of Education or another presiding officer
designated by the State Superintendent to preside at a required oral proceeding
on a proposed rule.
5. Oral
proceedings shall be open to the public.
6. A record, to include all documents
submitted at the proceeding, shall be made by stenographic or other means of
all oral proceedings. The record shall be available for cost upon the written
request of an applicant.
7. Oral
proceedings shall not be conducted pursuant to statutory or formal rules of
evidence or procedure. The presiding officer's authority to limit oral
testimony includes, but is not limited to, those situations necessary to keep
the hearing focused on the proposed rule or to prevent undue repetition in the
proceeding.
8. The presiding
officer shall make a recommendation to the Board at its next, regularly
scheduled meeting. Said recommendation shall include:
(i) the proposed rule;
(ii) a summary of the oral proceeding;
and,
(iii)
recommendations.
