MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary A
By: Representative Touchstone
AN ACT TO AMEND SECTION 25-43-3.106, MISSISSIPPI CODE OF 1972, TO REVISE THE ADMINISTRATIVE PROCEDURES ACT TO PROVIDE THAT AN AGENCY MUST REPEAL TWO ADOPTED RULES FOR EVERY NEW RULE THAT THE AGENCY ADOPTS; TO AMEND SECTION 25-43-3.103, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-43-3.106, Mississippi Code of 1972, is amended as follows:
25-43-3.106. Time and manner of rule adoption.
(1) An agency may not adopt a rule until the period for making written submissions and oral presentations has expired.
(2) Following the proper filing with the Secretary of State of the notice of proposed rule adoption, an agency shall adopt a rule pursuant to the rule-making proceeding or terminate the proceeding by proper filing with the Secretary of State of a notice to that effect for publication in the administrative bulletin.
(3) Before the adoption of a rule, an agency shall consider the written submissions, oral submissions or any memorandum summarizing oral submissions, and any economic impact statement, provided for by this Article III.
(4) Within the scope of its delegated authority, an agency may use its own experience, technical competence, specialized knowledge and judgment in the adoption of a rule.
(5) For every new rule that an agency adopts under the provisions of this chapter, that agency must repeal two (2) rules that have been adopted as provided in this chapter. When an agency provides notice of a proposed rule adoption to the Secretary of State, the agency must also provide a notice of the two (2) rules to be repealed when the new rule is finally adopted, or a detailed explanation as to why two (2) rules cannot be repealed. The provisions of this subsection (5) shall not apply to rules adopted as a result of an emergency situation.
SECTION 2. Section 25-43-3.103, Mississippi Code of 1972, is amended as follows:
25-43-3.103. (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) A short explanation of the purpose of the proposed rule and the agency's reasons for proposing the rule;
(b) The specific legal authority authorizing the promulgation of rules;
(c) A reference to all rules repealed, amended or suspended by the proposed rule;
(d) Subject to Section 25-43-2.101(5), the text of the proposed rule;
(e) Where, when and
how persons may present their views on the proposed rule; * * *
(f) Where, when and
how persons may demand an oral proceeding on the proposed rule if the notice does
not already provide for one * * *; and
(g) The two (2) rules to be repealed when the proposed rule is finally adopted as provided in Section 25-43-3.106.
(2) 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.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018.