MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Judiciary A

By: Representative Wilson

House Bill 858

(As Passed the House)

AN ACT TO AMEND SECTION 25-43-3.108, MISSISSIPPI CODE OF 1972, TO REVISE THE ADMINISTRATIVE PROCEDURES ACT TO REDUCE THE PERIOD OF TIME THAT A TEMPORARY RULE MAY BE EFFECTIVE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 25-43-3.108, Mississippi Code of 1972, is amended as follows:

     25-43-3.108.  Exemption from public rule-making procedures for temporary rules.

     If an agency finds that an imminent peril to the public health, safety or welfare requires adoption of a rule upon fewer than twenty-five (25) days' notice and states in writing its reasons for that finding, it may proceed without prior notice of hearing or upon any abbreviated notice and hearing that it finds practicable to adopt an emergency rule.  The rule may be effective for a period of not longer than * * *one hundred twenty (120) ninety (90) days, renewable once for a period not exceeding * * *ninety (90) sixty (60) days, but the adoption of an identical rule * * *under subsection (1) of this section is not precluded.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2018.