MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Rayborn

AN ACT TO CLARIFY THE ADMINISTRATIVE PROCEDURES ACT; TO REVISE THE PUBLICATION DUTIES OF THE SECRETARY OF STATE; TO AMEND SECTION 25-43-7, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SECRETARY OF STATE TO SEND A COPY OF PROPOSED ADMINISTRATIVE RULES TO THE BOARD OF SUPERVISORS OF EACH COUNTY; TO AMEND SECTION 25-43-9, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR AN EXCEPTION TO THE EFFECTIVE DATE OF CERTAIN ADMINISTRATIVE RULES; TO AMEND SECTION 25-43-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SECRETARY OF STATE TO PUBLISH AN ADMINISTRATIVE CODE; TO FURNISH THE CODE TO COUNTIES; TO AMEND SECTION 25-43-17, MISSISSIPPI CODE OF 1972, TO REQUIRE AGENCIES TO PROVIDE FOR A PUBLIC HEARING IF A COUNTY CONTESTS AN ADMINISTRATIVE RULE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-43-7, Mississippi Code of 1972, is amended as follows:

25-43-7. (1) Prior to the adoption, amendment or repeal of any rule, the agency shall give at least thirty (30) days' notice of its intended action. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, and the manner in which interested persons may present their views thereon. The notice shall be filed with the Office of the Secretary of State and mailed by the agency to all persons who have made timely request of the agency for advance notice of its rule-making proceedings. The Secretary of State shall furnish copies at the request of any person and shall be reimbursed by the requesting person for the expense of providing such service. The Secretary of State shall send a copy to the board of supervisors of each county.

(2) If an agency finds that an imminent peril to the public health, safety or welfare requires adoption of a rule upon fewer than thirty (30) 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) days, renewable once for a period not exceeding ninety (90) days, but the adoption of an identical rule under subsection (1) of this section is not precluded.

(3) No rule hereafter adopted is valid unless adopted in substantial compliance with this section. A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this section must be commenced within one (1) year from the effective date of the rule.

SECTION 2. Section 25-43-9, Mississippi Code of 1972, is amended as follows:

25-43-9. (1) Each agency shall file in the Office of the Secretary of State a certified copy of each rule adopted by it, including all rules existing on January 1, 1977. The Secretary of State shall keep a permanent register of the rules open to public inspection.

(2) Each rule hereafter adopted is effective thirty (30) days after filing, except that:

(a) If a later date is required by statute or specified in the rule, the later date is the effective date.

(b) Subject to applicable constitutional or statutory provisions, an emergency rule becomes effective immediately upon filing with the Secretary of State, or at a stated date less than thirty (30) days thereafter if the agency finds that this effective date is necessary because of imminent peril to the public health, safety or welfare. The agency's finding and a brief statement of the reasons therefor shall be filed with the rule. The agency shall take appropriate measures to make emergency rules known to the persons who may be affected by them.

(c) If a public hearing is requested by a county to contest or modify a rule.

SECTION 3. Section 25-43-11, Mississippi Code of 1972, is amended as follows:

25-43-11. (1) The agency shall compile and index all effective rules adopted and shall furnish the Secretary of State with a copy of its rules and index. Compilations shall be supplemented or revised as often as necessary * * *.

(2) Copies of bulletins and compilations shall be made available by the Secretary of State upon request to agencies and officials of this state at no cost to the agencies and officials. Other persons may receive copies by requesting them and reimbursing the Secretary of State for publication and mailing cost.

(3) The Secretary of State shall publish all rules filed by each agency in a compilation entitled "Mississippi Administrative Code" and include complete indexes to all rules contained in the code. Supplementation shall be made as often as practicable. The Secretary of State may contract for the publication, in a timely and useful form, of the Mississippi Administrative Code.

(4) The Secretary of State shall furnish one (1) copy of the Mississippi Administrative Code to the board of supervisors of each county. The Secretary of State may make copies of the Mississippi Administrative Code available upon an annual subscription basis.

SECTION 4. Section 25-43-17, Mississippi Code of 1972, is amended as follows:

25-43-17. (1) Each agency shall adopt procedures to assure that persons who give timely notice of their desire to contest the making of any rule shall have an opportunity to present their views and have the opportunity for review of adverse rulings.

(2) Each agency shall adopt procedures to provide for a public hearing if a county files notice to contest the making of any rule.

SECTION 5. This act shall take effect and be in force from and after July 1, 1999.