24 Miss. Code. R. 1-6.3.3

Current through December 10, 2024
Rule 24-1-6.3.3 - RULE ADOPTION/AMENDMENT
A. Interested Parties

Persons interested in being notified of proposed rule adoption/amendment shall request such notification in writing. Notification may be made by mailing a copy of the proposed adoption/amendment (fee charged) or by electronic means. Such requests must be in writing and include the subject matter of interest. Within three (3) days of the filing of a proposed adoption/amendment with the Secretary of State, the Department of Mental Health shall notify all persons who have submitted in writing to the agency a request to receive notification of such adoption/amendment.

B. Request to Participate in Oral Proceeding on Proposed Rule

The Department may hear oral comments on a proposed rule or rule amendment. If such oral proceedings are scheduled, participating parties must provide any written materials (12 copies) in support of their position ten (10) days prior to the scheduled oral proceeding. These materials will be provided to the Board of Mental Health in advance of the scheduled meeting. Parties will have fifteen (15) minutes for oral comments. Modifications on procedure for presentation of oral comments may be altered or established as deemed appropriate by the Board Aggrieved parties may appeal the promulgation of rules by the Board of Mental Health in accordance with pertinent state laws.

C. Regulation Changes

No rule shall be modified/altered unless these changes are within the scope of the matter announced in the notice of the proposed rule adoption and are in character with the issues raised in the notice. The differences shall be a logical outgrowth of the contents of that notice of proposed rule adoption and the comments submitted in the responses thereto.

D. Service
1. Whenever a person is permitted or required to file any pleading, motion or other document, filing must be made by delivery of the document by mail or transmission by electronic means. Filing by electronic means is complete when the electronic equipment being used by the agency acknowledges receipt of the material. If the equipment used does not automatically acknowledge transmission, service is not complete until the filing party obtains acknowledgment. Filing by mail is complete upon receipt by the agency.
2. Computation of time shall be in accordance with the guidelines set out in the Administrative Procedures Act.

24 Miss. Code. R. 1-6.3.3

Miss Code Ann. § 41-4-1 et seq. and § 23-43-1, et seq.
Amended 7/10/2015
Amended 4/1/2017
Amended 8/6/2017
Amended 11/1/2018