Current through September 24, 2024
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
Mississippi Division of Medicaid pursuant to the Administrative Procedures Act,
specifically Miss. Code Ann. §
25-43-3.104.
B. When a political subdivision, an agency,
or ten (10) persons request 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 be
submitted on 8-1/2" x 11" white paper.
2. The request may be in the form of a letter
addressed to the Executive Director of the Mississippi Division of Medicaid 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 agency providing the notice
shall provide notice of oral proceedings to all persons requesting notification
of proposed rule adoptions. 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 of the Mississippi Division of Medicaid 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, as follows:
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 Executive Director of the Mississippi
Division of Medicaid at least three (3) 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 Mississippi Division of Medicaid 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 be submitted at the oral
proceeding.
6. Where time permits
and to facilitate the 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 rule-making 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 become the property of the
Mississippi Division of Medicaid, part of the rulemaking record, and are
subject to the Mississippi Division of Medicaid's public records request
procedure. The Mississippi Division of Medicaid may record oral proceedings by
stenographic or electronic means.
Miss. Code Ann.
§§
25-43-2.103;
43-13-121.
