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Miss. Code Ann. § 25-43-3.103

Notice of proposed rule adoption

Known as the Mississippi Administrative Procedures Law

The act spans §§ 25-43-1 to 25-43-9 (43 sections).

Applied in 1 court decision — leading case Mississippi Methodist Hospital & Rehabilitation Center, Inc. v. Mississippi Division of Medicaid (2009)

Most recently applied in Mississippi Methodist Hospital & Rehabilitation Center, Inc. v. Mississippi Division of Medicaid (September 2009)

Laws, 2003, ch. 304, § 14, eff from and after July 1, 2005.

(1) At least twenty-five (25) days before the adoption of a rule an agency shall cause notice of its contemplated action to be properly filed with the Secretary of State for publication in the administrative bulletin. The notice of proposed rule adoption must include: A short explanation of the purpose of the proposed rule and the agency’s reasons for proposing the rule;

(2) The specific legal authority authorizing the promulgation of rules;

(3) A reference to all rules repealed, amended or suspended by the proposed rule;

(4) Subject to Section 25-43-2.101(5), the text of the proposed rule;

(5) Where, when and how persons may present their views on the proposed rule; and

(6) Where, when and how persons may demand an oral proceeding on the proposed rule if the notice does not already provide for one.

(7) Within three (3) days after its proper filing with the Secretary of State for publication in the administrative bulletin, the agency shall cause a copy of the notice of proposed rule adoption to be provided to each person who has made a timely request to the agency to be placed on the mailing list maintained by the agency of persons who have requested notices of proposed rule adoptions. An agency may mail the copy to the person and may charge the person a reasonable fee for such service, which fee may be in excess of the actual cost of providing the person with a mailed copy. Alternatively, the agency may provide the copy via the Internet or by transmitting it to the person by electronic means, including, but not limited to, facsimile transfer or e-mail at no charge to the person, if the person consents to this form of delivery.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.