Section 32-10-1-1.5 - Public Hearing Proceedings On Proposed Policy Changes That Substantially Impact Services To Clients1. Scope: Public hearings will be held for the purpose of providing the public with an opportunity to make oral presentations on proposed new policies and amendments to existing policies that substantially impact services to clients.
2. Public Hearing Proceedings Timeline: OVR/OVRB will conduct a public hearing proceeding within thirty (30) days after the first notice of public hearing is run in select regional and statewide newspapers on proposed policy or amendment to existing policies that substantially impact services to clients.
3. Requested Format: Each request to comment must be printed or typewritten, or must be in legible handwriting. Each request to comment must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests to comment may be in the form of a letter addressed to the MDRS Executive Director and signed by the requestor(s).
4. Notification of Public Hearing Proceedings: The date, time and place of all public hearing proceedings will be announced via notice in certain regional and statewide newspapers, public service announcements via Mississippi Public Radio, notice on the agency website, and press releases to numerous consumer organizations who represent or serve people with disabilities. The public hearing proceeding will be scheduled within thirty (30) days after the first notice of public hearing is run in certain regional and statewide newspapers.
5. Presiding Officer: The Executive Director, or his/her designee, who is familiar with the substance of the proposed policy, shall preside at the public hearing proceeding on a proposed policy.
6. Public Presentations and Participation: (a) At a public hearing proceeding on a proposed policy, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments, or arguments concerning the proposed policy.(b) Persons wishing to make oral presentations at such a proceeding shall notify OVR/OVRB at least one business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer, at his or her discretion, may allow individuals to participate that have not previously contacted the agency.(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 public hearing 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 participant's time where the orderly conduct of the proceeding so requires.7. Conduct of Oral Proceeding: (a) Presiding officer: The presiding officer shall have authority to conduct the proceeding at his or her discretion for the orderly conduct of the proceeding. The presiding officer shall:
* call proceeding to order;
* give a brief synopsis of the proposed policy, a statement of the statutory authority for the proposed policy;
* call on those individuals who have contacted the agency about speaking on or against the proposed policy;
* allow for rebuttal statements following all participant's comments; and
* 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 policy-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) Documentary Submissions: Submissions presented by participants in a public hearing proceeding shall be submitted to the presiding officer. Such submissions become the property of the agency and are subject to the agency's public records request procedure.(d) Recording: The agency may record oral proceedings by electronic means.32 Miss. Code. R. 10-1-1.5