A. Board Meetings.
All regular and called special meetings of the Board are considered formal
proceedings. Administrative rulings of the Board are final and binding unless
overturned by a court of competent jurisdiction. Persons wishing to place
specific business on the agenda of a Board meeting, to make public comments at
a Board meeting, or make a formal presentation before the Board shall comply
with the rules set forth in Bylaws of the Board.
B. Reconsideration Hearings. Reconsideration
hearings are formal proceedings conducted by the Executive Director or a
designee of the Executive Director at the request of an individual to
reconsider certain actions which have been taken by the Library Commission.
Requests for reconsideration must be made no later than thirty (30) calendar
days after the agency action in question has been taken.
1. Form of Request - Requests for a
reconsideration hearing shall be submitted in written form to the Executive
Director by certified mail. The request and any envelope shall clearly state
that it is a request for a reconsideration hearing. The request shall be dated
and include the original signature, mailing address, and telephone number of
the individual(s) making the request.
2. Content of Request - The request must
include: a clear identification of the decision to be reconsidered; a full,
complete, and accurate statement of all facts relevant to reconsideration of
the decision; any relevant written documents; a statement as to whether the
individual intends to conduct an on-the-record hearing; and the name of the
spokesman appointed, if the request involves more than one
individual.
3. Procedure After
Request Is Received - A reconsideration hearing shall be held during regular
business hours of the Library Commission within thirty (30) calendar days of
the date of receipt of the request. The Executive Director shall provide
reasonable notice to the requesting individual as to the day, hour, and
location of the hearing; shall inform the requesting individual of the right to
be represented by counsel; and shall inform the requesting individual of the
right to an on-the-record hearing at the expense of the individual.
4. Conduct of Hearing - The hearing shall be
held before the Executive Director or such member or members of a review panel
as the Executive Director designates. During the hearing the Executive Director
or designee(s) shall direct questions only to the spokesperson. No indication
of decision may be given at the time of the hearing.
5. Notice of Decision - The Library
Commission shall notify the requesting individual in writing of the decision
rendered by the Executive Director or designee within ten (10) working days of
the hearing.
6. Appeals - If the
decision rendered by the Executive Director as a result of the reconsideration
hearing is not satisfactory to the requesting individual, the individual may
submit a written appeal of the decision to the Executive Director for
consideration by the Board. The appeal must be made within ten (10) working
days of receipt of the reconsideration hearing decision.
Mississippi Code of
1972, Annotated §
39-3-107
(Rev. 1988).