Mississippi Legislature

2000 Regular Session

Senate Bill 2756

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Bill Text

History of Actions

Background

Title

Description: Administrative Procedure Law; enact.

Bill Text: [Introduced]

History of Actions:

102/15/00(S)Referred To Judiciary
203/07/00(S)Died In Committee

Background Information:

Effective date** See Text
DispositionDead
DeadlineGeneral Bill/Constitutional Amendment
RevenueNo
3/5ths vote requiredYes

Senate Committee:

Principal Author: Bryan

Code Sections: RP 025-0043-0001, RP 025-0043-0003, RP 025-0043-0005, RP 025-0043-0006, RP 025-0043-0007, RP 025-0043-0009, RP 025-0043-0011, RP 025-0043-0013, RP 025-0043-0015, RP 025-0043-0017, RP 025-0043-0019, RP 037-0045-0039, RP 037-0045-0059, RP 037-0045-0061, RP 041-0051-0027, RP 049-0027-0043, RP 049-0027-0045, RP 049-0027-0047, RP 053-0001-0045, RP 063-0017-0091, RP 063-0017-0093, RP 065-0002-0017, RP 083-0053-0035

Title: AN ACT TO CREATE THE "MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW"; TO DEFINE CERTAIN TERMS AS USED IN THE ACT; TO PRESCRIBE THE ACT'S APPLICABILITY AND RELATION TO OTHER LAWS; TO PROVIDE FOR THE SUSPENSION OF THE ACT'S PROVISIONS WHEN NECESSARY TO AVOID LOSS OF FEDERAL FUNDS OR SERVICES; TO PRESCRIBE HOW RIGHTS UNDER THE ACT MAY BE WAIVED, HOW MATTERS MAY BE SETTLED INFORMALLY UNDER THE ACT AND HOW PROCEEDINGS UNDER THE ACT MAY BE CONVERTED TO ANOTHER TYPE OF AGENCY PROCEEDING; TO PRESCRIBE THE MANNER OF SERVICE AND COMPUTATION OF TIME UNDER THE ACT; TO PROVIDE FOR THE PUBLICATION, COMPILATION, INDEXING AND PUBLIC INSPECTION OF AGENCY RULES AND ORDERS; TO ESTABLISH A RIGHT AND PRESCRIBE THE PROCEDURE FOR REQUESTING DECLARATORY OPINIONS FROM STATE AGENCIES WITH REGARD TO THE APPLICABILITY AND EFFECT OF AGENCY RULES; TO REQUIRE EVERY AGENCY TO ADOPT CERTAIN RULES RELATING TO THE AGENCY'S ORGANIZATIONAL STRUCTURE; TO REQUIRE THE SECRETARY OF STATE TO ADOPT MODEL RULES OF PROCEDURE FOR USE BY STATE AGENCIES; TO PROVIDE FOR NOTICE OF PROPOSED RULES BEFORE THEIR ADOPTION; TO ALLOW PUBLIC PARTICIPATION IN THE RULE-MAKING PROCESS; TO PROVIDE FOR A PUBLIC RULE-MAKING DOCKET; TO REQUIRE SUBMISSION OF A REGULATORY ANALYSIS OF PROPOSED RULES IN CERTAIN SITUATIONS; TO PROVIDE FOR THE TIME AND MANNER OF RULE ADOPTION; TO PROHIBIT ANY VARIANCE BETWEEN AN ADOPTED RULE AND PUBLISHED NOTICE OF THE RULE'S ADOPTION; TO EXEMPT CERTAIN RULES FROM PROCEDURES PROVIDED IN THE ACT; TO PRESCRIBE THE CONTENTS, STYLE AND FORM OF RULES; TO REQUIRE AGENCIES TO MAINTAIN A RULE-MAKING RECORD AND TO FILE RULES IN THE OFFICE OF THE SECRETARY OF STATE; TO PRESCRIBE THE METHOD FOR CONTESTING THE VALIDITY OF RULES; TO PROVIDE FOR THE EFFECTIVE DATE OF RULES; TO PROVIDE THAT THE ACT SHALL BE INAPPLICABLE TO CERTAIN CLASSES OF RULES; TO AUTHORIZE PETITIONS FOR THE ADOPTION, AMENDMENT, REPEAL OR WAIVER OF A RULE; TO REQUIRE EACH AGENCY TO PERIODICALLY REVIEW ITS RULES; TO PRESCRIBE WHEN ADJUDICATIVE PROCEEDINGS ARE REQUIRED, AND WHEN COMMENCED; TO CREATE EXCEPTIONS; TO ESTABLISH TIME LIMITS; TO REQUIRE A LICENSEE TO BE GIVEN NOTICE OF ANY INTENDED REVOCATION, SUSPENSION, ANNULMENT OR WITHDRAWAL OF HIS LICENSE EXCEPT IN CASE OF EMERGENCY; TO PROVIDE FOR INFORMAL SETTLEMENT, ALTERNATIVE DISPUTE RESOLUTION AND WAIVER; TO PRESCRIBE THE REQUIREMENTS FOR A FORMAL ADJUDICATIVE HEARING, THE PRESIDING OFFICER AND REPRESENTATION; TO PROVIDE FOR THE AVAILABILITY OF A PREHEARING CONFERENCE, NOTICE THEREOF AND PROCEDURE THEREFOR; TO PRESCRIBE RULES OF PROCEDURE; TO PROVIDE FOR REVIEW; TO CREATE THE DIVISION OF INDEPENDENT HEARING OFFICERS; TO PROVIDE FOR INFORMAL ADJUDICATIVE HEARINGS AND PRESCRIBE RULES OF PROCEDURE; TO PRESCRIBE WHEN BASIC ADJUDICATIVE PROCEEDING IS SUFFICIENT AND TO PROVIDE RULES OF PROCEDURE THEREFOR, APPEAL THEREFROM, AND FOR ADMINISTRATIVE REVIEW; TO PROVIDE FOR EMERGENCY ADJUDICATIVE PROCEEDINGS; TO PROVIDE FOR JUDICIAL REVIEW; TO PRESCRIBE RELIEF THAT MAY BE GRANTED; TO PROVIDE FOR CIVIL ENFORCEMENT; TO PROVIDE THAT STATUTORY PROVISIONS THAT CONFLICT WITH THE PROVISIONS OF THIS ACT SHALL GOVERN TO THE EXTENT OF SUCH CONFLICT; TO PRESCRIBE THE PROCEEDINGS TO WHICH THIS ACT IS APPLICABLE; TO REPEAL SECTIONS 25-43-1, 25-43-3, 25-43-5, 25-43-6, 25-43-7, 25-43-9, 25-43-11, 25-43-13, 25-43-15, 25-43-17 AND 25-43-19, MISSISSIPPI CODE OF 1972, WHICH CREATE THE MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW, PROVIDE DEFINITIONS FOR TERMS USED IN SUCH LAW, PRESCRIBE PROCEDURES THAT MUST BE FOLLOWED BY AGENCIES IN THE ADOPTION, AMENDMENT AND REPEAL OF AGENCY RULES, REQUIRE THE FILING OF AN ECONOMIC IMPACT STATEMENT FOR THE ADOPTION OF A RULE, REQUIRE FILING AND NOTICE BEFORE SUCH RULES MAY BECOME EFFECTIVE, REQUIRE AGENCIES TO INDEX ALL EFFECTIVE RULES ADOPTED, PROVIDE THAT REVOCATION OR SUSPENSION OF ANY LICENSE SHALL NOT BE EFFECTIVE UNLESS NOTICE OF SUCH INTENDED ACTION IS GIVEN TO THE LICENSEE, AND REQUIRE AGENCIES TO ADOPT PROCEDURES TO ASSURE THAT OPPONENTS OF PROPOSED RULES HAVE THE OPPORTUNITY TO PRESENT THEIR VIEWS AND REVIEW ADVERSE RULINGS; TO REPEAL SECTIONS 37-45-39, 37-45-59 AND 37-45-61, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE PRESERVATION OF THE REPORTER'S NOTES, TRANSCRIPTION AND PREPARATION OF THE RECORD FOR APPEAL, AND FURTHER APPEAL TO THE SUPREME COURT IN CERTAIN HEARINGS HELD BEFORE THE STATE DEPARTMENT OF EDUCATION; TO REPEAL SECTION 41-51-27, MISSISSIPPI CODE OF 1972, WHICH DEALS WITH THE RECORD IN HEARINGS HELD UNDER THE ANIMAL AND POULTRY BY-PRODUCTS DISPOSAL LAW OF 1964; TO REPEAL SECTIONS 49-27-43, 49-27-45 AND 49-27-47, MISSISSIPPI CODE OF 1972, WHICH DEAL WITH APPEAL TO THE CHANCERY COURT UNDER THE PROVISIONS OF THE COASTAL PROTECTION WETLANDS ACT; TO REPEAL SECTION 53-1-45, MISSISSIPPI CODE OF 1972, WHICH DEALS WITH APPEALS TO THE SUPREME COURT IN THE MATTER OF A HEARING HELD BEFORE THE STATE OIL AND GAS BOARD; TO REPEAL SECTIONS 63-17-91 AND 63-17-93, MISSISSIPPI CODE OF 1972, WHICH DEAL WITH HEARINGS HELD UNDER THE MISSISSIPPI MOTOR VEHICLE COMMISSION LAW; TO REPEAL SECTION 65-2-17, MISSISSIPPI CODE OF 1972, WHICH DEALS WITH THE APPEAL TO THE SUPREME COURT FROM A DECISION OF THE CIRCUIT COURT IN AN APPEAL FROM A HEARING HELD BY THE STATE HIGHWAY ARBITRATION BOARD; TO REPEAL SECTION 83-53-35, MISSISSIPPI CODE OF 1972, WHICH PRESCRIBES THE ISSUANCE OF AN ORDER FOLLOWING A HEARING BEFORE THE COMMISSIONER OF INSURANCE CONCERNING CREDIT LIFE AND CREDIT DISABILITY INSURANCE; AND FOR RELATED PURPOSES.


Information pertaining to this measure was last updated on 03/07/00 at 17:40.



End Of Document

2000/pdf/History/SB/SB2756.htm