Current through the 2024 Regular Session
Section 49-17-25 - Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement laws administered by Department of Environmental Quality; notice(1) Prior to the adoption, amendment or repeal of rules and regulations necessary to implement this chapter, Sections 17-17-1 through 17-17-47, Sections 21-27-201 through 21-27-221, Sections 37-138-1 through 37-138-31, and all other laws administered by the department, the commission shall conduct a public hearing or hearings thereon after public notice. Such notice shall be given by publication once a week for three (3) successive weeks in a newspaper having a general circulation throughout the state. The notice shall contain a description of the proposed regulation and the time, date and place of the hearing.(2) Additionally, the adoption, amendment or repeal of any rule or regulation under this chapter, Sections 17-17-1 through 17-17-47, Sections 21-27-201 through 21-27-221, Sections 37-138-1 through 37-138-31 and all other laws administered by the department shall be governed by the "Mississippi Administrative Procedures Law." Any rule or regulation heretofore or hereafter adopted, amended or repealed in substantial compliance with the procedural requirements under Section 25-43-7 shall be valid. A proceeding to contest any rule or regulation 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 or regulation.(3) Notice of rules and regulations adopted by the commission shall be published once in a newspaper having general circulation throughout the state.Codes, 1942, § 7106-130; Laws, 1966, ch. 258, § 20; Laws, 1977, ch. 327, § 5; Laws, 1991, ch. 333 § 2, eff. 3/15/1991.