Mississippi Administrative Code

According to Section 25-43-3.108 of the Administrative Procedures Act, an emergency rule may be adopted when an agency finds that an imminent peril to the public health, safety or welfare requires adoption of the rule in a shorter period of time than is required by Section 25-43-…

The public can access all notices, proposed rules offered for comment, and rules that have been adopted to be transmitted to the Mississippi Administrative Code upon the effective date through the Mississippi Administrative Bulletin published on the Secretary of State's website a…

The Secretary of State reserves the right to organize, reject, and edit rules for publication and codification as provided in Section 25-43-2.101 of the Administrative Procedures Act. Minor typographical errors that in no way impact the substance or the content of a filing may be…

Following the final effective date of a rule, such rule will be transferred from the Mississippi Administrative Bulletin to the Mississippi Administrative Code. All Administrative Bulletin publications will be accessible on the Secretary of State's website for up to five (5) year…

The title of the official legal codification published pursuant to Section 25-43-2.101(5) shall be The Mississippi Administrative Code. The short form of the title for citation purposes shall be Miss. Admin. Code. The Mississippi Administrative Code is an electronic publication a…

Each agency shall submit a complete and current compilation of its rules and regulations to the Secretary of State no later than June 30, 2011. Compilations shall be formatted in accordance with these rules unless otherwise approved by the Secretary of State's Office as contempla…

A. The purpose of the organizational structure set forth in these rules is to allow a flexible adaptation for both large, complex agencies as well as smaller agencies, boards, or commissions, yet achieve a simplified uniform identity for the Administrative Code. The basic organiz…

A. The agency submitting a proposed rule for publication in the Mississippi Administrative Bulletin shall submit four (4) documents as listed below: 1. Word version of Form 001 and 002, 2. PDF version of Form 001 and 002, 3. Word version of rule text, and 4. PDF version of rule t…

A. The submitting agency must include a page number at the bottom of each page beginning with the first page of rule text (not the filing notice or the Summary of Economic Impact Statement) and continuing without interruption throughout the entire submission. This includes any va…

Any submission received by email or electronic storage media after midnight on a weekday, any weekend, official holiday, or on any day the Secretary of State's Office is closed will be considered filed on the following business day that the Secretary of State's Office is open for…

All rule text submitted for publication shall be formatted with 1 inch margins and single sided pages. Rule text shall be typewritten using a 12 point Times New Roman font and shall generally be single spaced with double spaces between paragraphs of rule text and between sources …

The following forms are required by the Secretary of State for use by agencies in submitting rules for publication in the Mississippi Administrative Bulletin: A. Administrative Procedures Notice Filing, SOS APA Form 001. B. Concise Summary of Economic Impact Statement, SOS APA Fo…

Each rule submitted for publication shall include a completed Administrative Procedures Notice Filing, SOS APA Form 001. This form must be included on the electronic storage media or in the email submission in both formats (Word and PDF formats) The PDF electronic image must incl…

Where required by the Administrative Procedures Act, each proposed rule shall include the Concise Summary of Economic Impact Statement - APA Form 002. This form must be included on the electronic storage media or in the email submission in both formats (Word and PDF formats). The…

Notes 1 Miss. Code. R. 1-4.7 Miss. Code Ann.§ 25-43-2.101 (Rev. 2006). Reserved 7/1/2016

At the end of each submitted rule the submitting agency must identify the statutory authority (the "source") for the adoption, amendment, or repeal of the submitted rule. The source of authority consists of a citation to the statute conferring the authority to promulgate the rule…

When agencies submit rules to the Secretary of State's Office for filing as either proposed rules or for final adoption, the organization and format described below must be followed unless otherwise approved by the Secretary of State's Office. A. Proposed amendments to existing r…

The Mississippi Administrative Bulletin and the Mississippi Administrative Code may be accessed without charge over the internet at www.sos.ms.gov. Photocopies of specific rules or regulations are available from the issuing agency or the Secretary of State. The requestor may be c…

Unless otherwise specifically provided by statute, the publication described herein, except in cases where notice by publication is insufficient in law, shall be sufficient to give notice of the contents of such documents to any person subject thereto or affected thereby. Notes 1…

The contents of the Mississippi Administrative Bulletin and the Mississippi Administrative Code shall be given judicial notice to the extent provided by law. Notes 1 Miss. Code. R. 1-5.3 Miss. Code Ann.§ 25-43-2.101 (Rev. 2006).

Specific statutory provisions which govern an agency's rules or related proceedings and which are in conflict with any of these rules shall continue to apply to rules and proceedings of any such agency to the extent of such conflict only. In cases in which an agency's rule format…

These rules and the statutes from which they are promulgated shall not be construed to amend, repeal, or supersede the provisions of any other law; and, to the extent that the provisions of any other law conflict or are inconsistent with the provisions of these rules and the stat…

These rules and the statutes from which they are promulgated do not relieve an agency from compliance with any provision of law requiring that some or all of its rules be approved by other designated officials or bodies before they become effective. Notes 1 Miss. Code. R. 1-6.3 M…

These rules apply to all individuals licensed to practice medicine or osteopathic medicine in the state of Mississippi. Because discipline may be imposed for failure to meet the standard of practice in connection with collaborative agreement with any advanced practice registered …

For the purpose of Part 2630, Chapter 1 only, the following terms have the meanings indicated: A. "Advanced Practice Registered Nurse (APRN)" is a person who is licensed or holds the privilege to practice under Miss. Code Ann. Section 73-15-5, and who is nationally certified as a…

Primary and secondary collaborating physicians must: A. hold a current unrestricted license in the state of Mississippi and actively provide direct patient care at least eight (8) hours weekly; B. notify the Board within seven (7) working days of entering into or termination of a…

Physicians entering into collaborative agreements shall implement a quality assurance program which shall include: A. Review by the primary collaborating physician of a random sample of charts that represent 10% or 20 charts, whichever is less, of patients seen by the APRN every …

In the event of death, disability (physical/mental) or unanticipated relocation of a primary collaborating physician, the secondary collaborating physician shall act as the primary collaborating physician. In the event the APRN has no secondary collaborating physician, the APRN m…

Any violation of the rules as enumerated above shall constitute unprofessional conduct in violation of Mississippi Code, Section 73-25-29(8). Notes 2 Miss. Code. R. 601-1.6 Miss. Code Ann. § 73-43-11 (1972, as amended).

The above rules pertaining to collaborating physicians shall become effective September 21, 1991. Notes 2 Miss. Code. R. 601-1.7 Miss. Code Ann. § 73-43-11 (1972, as amended). Amended May 19, 2005. Amended March 13, 2009. Amended November 19, 2009. Amended March 21, 2013.

To ensure the orderly implementation of the Public Records Act of 1983, Miss. Code Ann. §§ 25-61-1, et seq. (Rev. 2010), the Commission will use the following procedures for responding to requests for records pursuant to said Act. A. Fees. All applicable fees shall be collected b…

The following rates are charged by the Commission for the indicated services. DESCRIPTION RATE TIME CODE -PRIVATE TIME CODE -PUBLIC Fire Suppression S300/hr 2 crew members/unit 2200 2300 Tree Planting (Hand or Machine) S50/ac 2201 2301 Prescribed Burn $25/ac, $200 minimum 2202 23…

The Forest Resource Development Program (FRDP) was established in 1974 by the Mississippi Legislature for the purpose of developing the state's forest economy. Financial assistance is available to landowners for the continuous growth of commercially valuable timber species on des…

Guidelines for Determining Harvest Size on School Trust Lands A. Maximum size for thinnings has been set at 120 acres. The maximum sale size for regeneration sales has been set at 110 acres. B. Sale size for initial (1st) thinnings may exceed 120 acres if the proposed sale consis…

The State Forester or his designee shall have the authority to utilize all applicable indices, models or reports to assess the drought and/or extreme wildfire conditions. Should these conditions, in his judgment, constitute a serious threat, the State Forester or his designee sha…

In conjunction with the Mississippi Department of Environmental Quality, the Mississippi Forestry Commission issues burning permits based on the daily fire weather forecast. Permits are required for any fire set for a recognized agricultural and/or forestry purpose. Call your loc…

This chapter sets forth the Forestry Commission's rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and the Forestry Commission's procedures regarding the disposition of reques…

The Forestry Commission will issue declaratory opinions regarding the applicability to specified facts of: A. a statute administered or enforceable by the Forestry Commission, B. a rule promulgated by the Forestry Commission, or C. an order issued by the Forestry Commission. Note…

A request must be limited to a single transaction or occurrence. Notes 2 Miss. Code. R. 603-8.3 Miss. Code Ann.§ 25-43-2.105 (Rev. 2006).

When a person with substantial interest, as required by Section 25-43-2.103 of the Administrative Procedures Act, requests a declaratory opinion, the requestor must submit a printed, typewritten, or legibly handwritten request. A. Each request must be submitted on 8-1/2" x 11" wh…

Any party who signs the request shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, admi…

Each request must contain the following: A. A clear identification of the statute, rule, or order at issue; B. The question for the declaratory opinion; C. A clear and concise statement of all facts relevant to the question presented; D. The identity of all other known persons in…

The Forestry Commission may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: A. The matter is outside the primary jurisdiction of the Forestry Commission; B. Lac…

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Forestry Commission shall, in writing: A. Issue an opinion declaring the applicability of the statute, rule, or order to the specified cir…

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by name, subject, and date of issue. Declaratory opini…

Pursuant to the Mississippi Land, Water and Timber Resources Act, Miss. Code Ann. §§ 69-46-1et seq., any and all subsequent amendments made thereafter, and all such other points of law that may be applicable, the Mississippi Land, Water and Timber Resources Board promulgates the …

1. "Act" means the Mississippi Land, Water and Timber Resources Act, Miss. Code Ann. §§ 69-46-1et seq. 2. "Agribusiness" means any industrial, manufacturing, research and development, processing or value-added enterprise located in the State and related to agriculture, aquacultur…