Current through September 24, 2024
This rule applies to all oral proceedings held for the
purpose of providing the public with an opportunity to make oral presentations
on proposed new rules and amendments to rules before the Board pursuant to and
§
25-43-3.104.
1. When Oral Proceedings will be Scheduled on
Proposed Rules. The Board 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.
2. 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 the Board and signed by the requestor(s).
3. Notification of Oral Proceeding. The date,
time and place of all oral proceedings shall be filed with the Secretary of
State's office and mailed to each requestor. The oral proceedings will be
scheduled no earlier than twenty (20) days from the filing of this information
with the Secretary of State.
4.
Presiding Officer. The Commissioner or his designee, who is familiar with the
substance of the proposed rule, shall preside at the oral proceeding on a
proposed rule.
5. Public
Presentations 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 the Board at least one 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 the Board.
c. 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.
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 participant 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 partisan's time where the orderly conduct of
the proceeding so requires.
6. 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 the Board for the proposed rule; (ii) call on those individuals who
have contacted the board about speaking on or against the proposed rule; (iii)
allow for rebuttal statements following all participants comments; (iv) 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 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; 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 the Board and are subject to the Board's public records request
procedure.
d. Recording. The Board
may record oral proceedings by stenographic or electronic means.
Miss. Code Ann. §
25-43-2.104
(Rev. 2010) and Miss. Code Ann. §
73-23-43(1)(e).
