32 MAC Pt. 101, R. 6.3
Administrative Rules (as required by Mississippi Administrative Procedures Law)
Cite as 32 Miss. Admin. Code Pt. 101, R. 6.3
Administrative Rules (as required by Mississippi Administrative Procedures Law).
A. Oral Proceedings on Proposed Rules (suggested by 25-43-3. 104 (2) (d) not mandatory)
a. Scope. This rule applies to all oral proceedings held for the purposes of providing the
public with an opportunity to make oral presentations on proposed new rules and
amendments to rules before Mississippi Industries for the Blind pursuant to 25-43-3.
b. When Oral Proceedings will be scheduled on Proposed Rules. Mississippi Industries
for the Blind 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.
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 ½ inches by 11 inches). Requests may be in the form of a letter addressed to
Mississippi Industries for the Blind.
d. Notice of Oral Proceeding. The date, time and place of all oral proceedings will be
scheduled no earlier than twenty (20) days from the filing of this information with
Secretary of State.
e. Presiding Officer. The Executive Director or his/her designee, who is familiar with
the substance of the proposed rule, shall preside at the oral proceeding on a proposed
rule
f. Public Presentation 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
Mississippi Industries for the Blind at least one (1) 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 Mississippi Industries for the Blind.
c) At the proceeding, those who participate shall indicate their names and
addresses, identifying 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 participate 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 partisans time when the orderly conduct of the
proceeding so requires.
g. 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 Mississippi Industries for the Blind for the proposed rule;
(iii) call on individuals who have contacted Mississippi Industries for the Blind
about speaking on or against the proposed rule; (iv) allow for rebuttal statements
following all participant’s comments; (v) 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 office 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 Mississippi Industries for the Blind and
subject to Mississippi Industries for the Blind’s public records request procedure.
d) Recording. Mississippi Industries for the Blind may record oral proceedings by
stenographic or electronic means.