Rule 30-2650-1.2 - Oral Proceedings on Proposed RulesA. Scope 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 Mississippi State Board of Medical Licensure ("the Board") pursuant to Mississippi Code, Section 25-43-3.104.
B. 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 and agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule. The Board may also schedule an oral proceeding on a proposed rule on its own motion.
C. 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" by 11"). Requests may be in the form of a letter addressed to the Board and signed by the requestor(s).
D. 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.
E. Presiding Officer The President of the Board shall preside at the oral proceeding on a proposed rule.
F. Public Presentations and Participation 1. 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.2. 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 presentation. For good cause shown, the presiding officer in his or her discretion may allow individuals to participate that have not previously contacted the Board.3. At the proceeding, all 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 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.5. Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing.6. 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 (i) recognize Board members for questions of the participant, or (ii) interrupt or end the participant's time where the orderly conduct of the proceeding so requires. Should the presiding officer recognize a member of the Board for questions during the participant's presentation, additional time will be afforded the participant in making his or her presentation.G. Conduct of Oral Proceeding 1. Presiding Officer The presiding officer shall have the authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall:
i. Call the 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.iii. Call on those individuals who have contacted the Board about speaking on or against the proposed rule. iv. Recognize Board members for questions of any participant during their presentation. v. Allow for rebuttal statements following all participants' comments. vi. Adjourn the proceeding.2. Physical and Documentary Submissions Submission presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Board and become subject to the Open Records Act.
3. Recording The Board will record oral proceedings by stenographic means.
30 Miss. Code. R. 2650-1.2
Miss. Code Ann. § 73-43-11 (1972, as amended).