MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Universities and Colleges

By: Senator(s) White (29th)

AN ACT TO AMEND SECTION 25-43-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING SHALL ESTABLISH RULES AND REGULATIONS IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT; AND FOR RELATED PURPOSES.  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 25-43-3, Mississippi Code of 1972, is amended as follows:

25-43-3. As used in this chapter:

(a) "Agency" means each state board, commission, department or officer, other than the Legislature, the Governor and the courts, authorized by law to make rules or to determine contested cases. "Agency" shall specifically include the State Board of Education and the Board of Trustees of State Institutions of Higher Learning. It is the intent of the Legislature that these boards shall not be exempt from the provisions of this chapter due to the substantial percentage of state revenues invested each year into our public education system.

(b) "Contested case" means a proceeding, including but not restricted to rate-making, price-fixing and licensing in which the legal rights, duties or privileges of a party are required by law to be determined by an agency after an opportunity for a hearing, other than disciplinary proceedings or agency action involving only employees of an agency.

(c) "Economic impact statement" means the statement required pursuant to Section 25-43-6 and which estimates the costs of implementation and enforcement of a rule.

(d) "License" includes the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law, but it does not include a license required solely for revenue purposes, and does not include any order, permit or license issued, granted, revoked, suspended, annulled or withdrawn by any state agency in compliance with statutory procedures or in compliance with published rules and regulations adopted by such agency under statutory authority.

(e) "Licensing" includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license.

(f) "Person" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency.

(g) "Rule" means each agency statement of general applicability that implements, interprets or prescribes law or policy or describes the organization, procedure or practice requirements of any agency. The term includes the amendment or repeal of a prior rule but does not include (i) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public; or (ii) declaratory rulings issued pursuant to Section 25-43-17; or (iii) intra-agency memoranda.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.