MBAH Regulations
Organization of the Board of Animal Health
Chapter 01
Public Records Request Procedure
Chapter 02
Procedure for Oral Proceedings on Rule-Making
Chapter 03
Procedure for Issuing Declaratory Opinion
Chapter 04
Animal Care Fund
Chapter 05
Anthrax
Chapter 06
Chronic Wasting Disease
Chapter 07
Disposition of Dead Animals
Chapter 08
Livestock Dealers
Chapter 09
Livestock Sales
Chapter 10
Equine Infectious Anemia
Chapter 11
Exotic Livestock
Chapter 12
Entry Requirements
Chapter 13
Poultry
Chapter 14
Psittacosis Control
Chapter 15
Reportable Diseases
Chapter 16
Scrapie Eradication
Chapter 17
Swine
Chapter 18
Animal Rabies Control
Chapter 19
Bovine Trichomoniasis Control
Chapter 20
Approved Veterinarians
Chapter 21
Quarantine and Stand-still Orders
Regulations – Chapter 02 – Procedure for Oral Proceedings on Rule-Making
Scope
100
Rules 100-112 are promulgated pursuant to Miss. Code Ann. §25-43-3.104(2)(d) of the Administrative Procedures Law, and apply to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Board pursuant to §25-43-3.104.
(Adopted July 7, 2005.)
Source: Miss. Code Ann . §69-15-3 & Miss. Code Ann . §25-43-104 (Rev. 2006).
When Oral Proceedings Will Be Scheduled on Proposed Rules
101
The Board will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule.
(Adopted July 7, 2005.)
Source: Miss. Code Ann . §25-43-3.104.
Request Format
102
Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board and signed by the requestor(s).
(Adopted July 7, 2005.)
Source: Miss. Code Ann . §25-43-3.104.
Notification of Oral Proceeding
103
The date, time and place of all oral proceedings shall be filed with the Secretary of State’s office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State.
(Adopted July 7, 2005.)
Source: Miss. Code Ann . §25-43-3.104.
Presiding Officer
104
The State Veterinarian or his designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.
(Adopted July 7, 2005.)
Source: Miss. Code Ann . §25-43-3.104.
Public Presentations and Participation
105
At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule.
(Adopted July 7, 2005.)
Source: Miss. Code Ann . §25-43-3.104.
106
Persons wishing to make oral presentations at such a proceeding shall notify the Board at least one business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not previously contacted the Board.
(Adopted July 7, 2005.)
Source: Miss. Code Ann . §25-43-3.104.
107
At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.
(Adopted July 7, 2005.)
Source: Miss. Code Ann . §25-43-3.104.
108
The presiding officer may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.
(Adopted July 7, 2005.)
Source: Miss. Code Ann . §25-43-3.104.
109
Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing.
(Adopted July 7, 2005.)
Source: Miss. Code Ann . §25-43-3.104.
110
There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end the partisan’s time where the orderly conduct of the proceeding so requires.
(Adopted July 7, 2005.)
Source: Miss. Code Ann . §25-43-3.104.
Conduct of Oral Proceeding
111
Presiding officer. The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall (a) call the proceeding to order; (b) give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by the Board for the proposed rule; (c) call on those individuals who have contacted the Board about speaking on or against the proposed rule; (d) allow for rebuttal statements following all participants’ comments; (e) adjourn the proceeding.
(Adopted July 7, 2005.)
Source: Miss. Code Ann . §25-43-3.104.
112
Questions. The presiding officer where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question.
(Adopted July 7, 2005.)
Source: Miss. Code Ann . §25-43-3.104.