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Administrative Procedures Act – Mississippi

Mississippi Administrative Procedure law is found in Title 25, chapter 43 of Mississippi Code of 1972.  According to Miss. Code Ann. § 25-43-1.101, the purposes of the Mississippi Administrative Procedures Law are:

  • to provide legislative oversight of powers and duties delegated to administrative agencies,
  • to increase public accountability of administrative agencies,
  • to simplify government by assuring a uniform minimum procedure to which all agencies will be held in the conduct of their most important functions,
  • to increase public access to governmental information, and
  • to increase public participation in the formulation of administrative rules.

Miss. Code Ann. § 25-43-2.101 directs the Secretary of State to prescribe a uniform numbering system, form, style and transmitting format for all proposed and adopted rules.  The Secretary of State is also directed to publish the proposed rules in administrative bulletin and effective rules in administrative code.

As per Miss. Code Ann. § 25-43-2.103, any person with a substantial interest in the subject matter may make a written request for a declaratory opinion as to the applicability to specified circumstances of a statute, rule or order within the primary jurisdiction of the agency.

According to Miss. Code Ann. § 25-43-2.104, each agency should state the general course and method of operation, so that the public may obtain information.  Further each agency should adopt rules of practice so that public obtains information about the nature and requirements of all formal and informal proceedings available to the public.

As per Miss. Code Ann. § 25-43-2.105, the Secretary of State should adopt model rules of procedure appropriate for use by as many agencies as possible.  The model rules should deal with all general functions and duties performed in common by several agencies.

Miss. Code Ann. § 25-43-3.101 provides that an agency may solicit comments from the public on a subject matter of possible rule-making.  Agency should file a notice with the Secretary of State for publication in the administrative bulletin. The notice should contain the subject matter and indicate where, when and how persons may comment.  Each agency may also appoint committees to comment on the subject matter of a possible rule-making under active consideration within the agency.

According to Miss. Code Ann. § 25-43-3.103, within twenty-five days of adoption of a rule, an agency should file notice of proposed rule adoption with the Secretary of State for publication in the administrative bulletin.  Miss. Code Ann. § 25-43-3.104 provides that an agency should afford persons an opportunity to submit, in writing, argument, data and views on the proposed rule.  An agency may also schedule an oral proceeding on any proposed rule.

As per Miss. Code Ann. § 25-43-3.105, after considering the economic impact and benefits the proposed rule will cause to the citizens of the state of Mississippi, an agency should file a concise summary of the economic impact statement with the Secretary of State for publication in the administrative bulletin.

Miss. Code Ann. § 25-43-3.106 provides that an agency should adopt a rule by filing with the Secretary of State a notice for publication in the administrative bulletin.  Further, before adoption of a rule, an agency should consider the written submissions, oral submissions or any memorandum summarizing oral submissions, and any economic impact statement.

According to Miss. Code Ann. § 25-43-3.108, if an agency finds that an immediate danger to the public health, safety, or welfare requires adoption of a rule upon fewer than twenty five days’ notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule.  Such rule is effective for a period of not longer than 120 days.

Miss. Code Ann. § 25-43-3.110 provides that an agency should maintain an official rule-making record for each rule it proposes or adopts.  Further, the record should be available for public inspection.

As per Miss. Code Ann. § 25-43-3.113, each rule becomes effective thirty days after its proper filing in the Office of the Secretary of State. Miss. Code Ann. § 25-43-3.114 requires an agency to review all of its rules at least every five years to determine whether any rule should be repealed, amended or a new rule adopted.

Inside Administrative Procedures Act – Mississippi