30 Miss. Code. R. 203-6.7

Current through December 10, 2024

Rule 30-203-6.7 - Requirements for Public Hearings for Rule Making and Oral Proceeding

A. At the time a rule is filed with Secretary of State (SOS), the Executive Director must also publish where written submissions or written requests for an opportunity to make oral presentations on the proposed rule may be inspected.

B. A public hearing is required if, during the first 20 business days of the rule notice, written request for a public hearing is received from one of the following:

1. A political subdivision; or

2. an agency; or

3. 10 persons.

C. If a public hearing is required, the Executive Director will establish the time, date and location for the public hearing. The Executive Director shall then:

1. Ensure that the public hearing is not scheduled earlier than 23 business days after filing notice of oral proceeding with SOS; and

2. file notice of the time, date, and location of the public hearing with the SOS; and

3. within three (3) days of filing notice with SOS, mail or electronically transmit a copy of the notice to those who are on the notification list (their preference); and

4. the IDAC can charge for mail, but not electronic transmissions.

D. Public hearings shall be held at a place and time generally convenient for persons affected by the rule.

E. Conducting Public Hearings

1. Public Hearings must be open to the public; and

2. the President/Chairman of the IDAC will preside at the proceeding; and

3. the IDAC and/or Executive Director will be responsible for answering all questions regarding the rule; and

4. the IDAC may issue rules for conduct of oral proceedings.

F. Public Availability of Public Hearings

1. A verbatim written transcript of the oral proceedings at each public hearing shall be produced; and

2. this material will be available for public inspection and copying.

G. Rule 6.8 Final Orders: Indexing, Public Inspection and Precedent.

1. The Executive Director shall maintain all written final orders that affect the public and will be responsible for making them available for public inspection and copying. The order shall be indexed by name and subject. This is subject to any confidentiality provisions established by law.

2. The written final order cannot be precedent to the detriment of any person by the IDAC until it has been made available for public inspection and indexed. This is inapplicable to any person who has actual timely knowledge of the order.

30 Miss. Code. R. 203-6.7

Miss. Code Ann.§§ 25-43-3.101 et seq