reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-35 - Security of notary public's stamping device

(1)
A notary public is responsible for the security of the notary public's stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public's commission, or on the expiration of the date set forth in the stamping device, if any, the notary public must disable the stamping device by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the stamping device must render it unusable by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable.
(2)
If a notary public's stamping device is lost or stolen, the notary public or the notary public's personal representative or guardian must notify promptly the Secretary of State upon discovery that the device is lost or stolen.
Added by Laws, 2020, ch. 382, HB 1156,§ 18, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-37 - Maintenance of journal by notary public chronicling all notarial acts; performance of notarial act and entry must be contemporaneous; entry information

(1)
A notary public must maintain a journal in which the notary public chronicles all notarial acts that the notary public performs.
(2)
A journal must be created on a tangible or electronic medium. A notary public shall maintain only one (1) journal at a time to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records. If the journal is tangible, it must be a permanent, bound register with numbered pages. An electronic journal must conform to specifications set forth in rules by the Secretary of State.
(3)
An entry in a journal must be made contemporaneously with performance of the notarial act and contain the following information:
(a)
The date and time of the notarial act;
(b)
A description of the record, if any, and type of notarial act;
(c)
The full name and address of each individual for whom the notarial act is performed;
(d)
If identity of the individual is based on personal knowledge, a statement to that effect;
(e)
If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential;
(f)
The address where the notarial act was performed if not the notary's business address; and
(g)
The fee, if any, charged by the notary public.
(4)
If the journal of notary public is lost or stolen, the notary public must notify promptly the Secretary of State upon discovery that the journal is lost or stolen.
(5)
On resignation from, or the revocation or suspension of, a notary public's commission, the notary public must deposit all journal records with the circuit clerk of the county of residence of the notary public.
(6)
Upon the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the journal shall:
(a)
Notify the Secretary of State of the death or adjudication in writing; and
(b)
Within thirty (30) days of death or adjudication of incompetency, transmit all journal records to the circuit clerk of the county of residence of the notary public.
Added by Laws, 2020, ch. 382, HB 1156,§ 19, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-39 - Notarial acts with respect to electronic records

(1)
A notary public may perform a notarial act with respect to electronic records pursuant to this chapter.
(2)
The Secretary of State has the sole power to determine the methods by which notarial acts with respect to electronic records may be implemented in this state. Those methods must be set forth in rules promulgated by the Secretary of State.
(3)
A notary public seeking to perform notarial acts with respect to electronic records must file an additional registration with the Secretary of State subsequent to being granted a notary commission.
Added by Laws, 2020, ch. 382, HB 1156,§ 20, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-41 - Qualifications of applicant for commission as notary public; oath of office; surety bond; term of commission; authority provided by commission

(1)
An individual qualified under subsection (2) may apply to the Secretary of State for a commission as a notary public. The applicant must comply with and provide the information required by rules established by the Secretary of State and pay any application fee.
(2)
An applicant for a commission as a notary public must:
(a)
Be at least eighteen (18) years of age;
(b)
Be a citizen or permanent legal resident of the United States;
(c)
Be a resident of Mississippi for not less than thirty (30) days immediately preceding the date of the application;
(d)
Be able to read and write English;
(e)
Not be disqualified to receive a commission under Section
25-34-43
;; and
(f)
Meet such other requirements as the Secretary of State may establish by rule.
(3)
Before issuance of a commission as a notary public, an applicant for the commission must execute the oath of office prescribed by Section 268 of the Constitution and submit it to the Secretary of State.
(4)
Before issuance of a commission as a notary public, the applicant for a commission must submit to the Secretary of State an assurance in the form of a surety bond or its functional equivalent in the amount of Five Thousand Dollars ($5,000.00) pursuant to the rules set forth by the Secretary of State. The assurance must be issued by a surety or other entity licensed by the Mississippi Department of Insurance. The assurance must cover acts performed during the term of the notary public's commission and must be in the form prescribed by the Secretary of State. If a notary public violates a law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. The surety or issuing entity must give thirty (30) days' notice to the Secretary of State before canceling the assurance. The surety or issuing entity must notify the Secretary of State not later than thirty (30) days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the Secretary of State.
(5)
On compliance with this section, the Secretary of State shall issue a commission as a notary public to an applicant for a term of four (4) years.
(6)
A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by the laws of this state on public officials or employees.
Added by Laws, 2020, ch. 382, HB 1156,§ 21, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-43 - Denial, refusal to renew, revocation, suspension or imposition of condition on commission for certain reasons; appeal

(1)
The Secretary of State may deny, refuse to renew, revoke, suspend or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence or reliability to act as a notary public, including:
(a)
Failure to comply with this chapter;
(b)
A fraudulent, dishonest or deceitful misstatement or omission in the application for a commission as a notary public submitted to the Secretary of State;
(c)
A conviction of any felony, including a plea of nolo contendere, of the applicant or notary public, unless released from incarceration more than ten (10) years before the commission is to take effect or, if no incarceration is ordered, more than ten (10) years from the conviction date have passed;
(d)
A conviction, including a plea of nolo contendere, of the applicant or notary public for any crime determined by the Secretary of State to be of a nature incompatible with the duties of a notary public;
(e)
Failure by the notary public to discharge any duty required of a notary public, whether required by this chapter, rules of the Secretary of State or any federal or state law;
(f)
Use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right or privilege that the notary does not have;
(g)
Violation by the notary public of a rule of the Secretary of State regarding a notary public;
(h)
Denial, refusal to renew, revocation, suspension or conditioning of a notary public commission in another state;
(i)
Failure of the notary public to maintain an assurance as provided in Section
25-34-41(4)
; or
(j)
Failure to maintain and protect the notary's journal as required by this chapter and any rules promulgated by the Secretary of State under this chapter.
(2)
If the Secretary of State denies, refuses to renew, revokes, suspends or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to file an appeal in proper form with the Secretary of State within forty-five (45) days after the Secretary of State's action, except that an applicant may not appeal when the Secretary of State, within five (5) years preceding the application, has:
(a)
Denied or revoked for disciplinary reasons any previous application, commission or license of the applicant; or
(b)
Made a finding under this chapter that the grounds for revocation of the applicant's commission existed.
(3)
The authority of the Secretary of State to deny, refuse to renew, suspend, revoke or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.
Added by Laws, 2020, ch. 382, HB 1156,§ 22, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-45 - Electronic database of notaries public

The Secretary of State must maintain an electronic database of notaries public:
(a)
Through which a person may verify the authority of a notary public to perform notarial acts; and
(b)
Which indicates whether a notary public has notified the Secretary of State that the notary public will be performing notarial acts on electronic records.
Added by Laws, 2020, ch. 382, HB 1156,§ 23, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-49 - Validity of notarial act

Except as otherwise provided in Section
25-34-7(2)
, the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the laws of this state other than this chapter or the laws of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
Added by Laws, 2020, ch. 382, HB 1156,§ 25, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-51 - Secretary of State may adopt rules and regulations to implement chapter

The Secretary of State may adopt any rules necessary to implement this chapter after complying with the Mississippi Administrative Procedures Law.
Added by Laws, 2020, ch. 382, HB 1156,§ 26, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-53 - Commission as notary public in effect on July 1, 2021, continues to expiration; compliance with chapter by notaries public on or after July 1, 2021

A commission as a notary public in effect on July 1, 2021, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after July 1, 2021, is subject to and must comply with this chapter. A notary public, in performing notarial acts after July 1, 2021, must comply with this chapter.
Added by Laws, 2020, ch. 382, HB 1156,§ 27, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-55 - Validity of notarial acts performed before July 1, 2021, not affected by this chapter

This chapter does not affect the validity or effect of a notarial act performed before July 1, 2021.
Added by Laws, 2020, ch. 382, HB 1156,§ 28, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-57 - Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act,
15 USC Section 7001
et seq., but does not modify, limit or supersede Section 101(c) of that act,
15 USC Section 7001(c)
, or authorize electronic delivery of any of the notices described in Section 103(b) of that act,
15 USC Section 7003(b)
.
Added by Laws, 2020, ch. 382, HB 1156,§ 29, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 41 - OPEN MEETINGS (§§ 25-41-1 — 25-41-17) › Section 25-41-1 - Legislative declaration

It being essential to the fundamental philosophy of the American constitutional form of representative government and to the maintenance of a democratic society that public business be performed in an open and public manner, and that citizens be advised of and be aware of the performance of public officials and the deliberations and decisions that go into the making of public policy, it is hereby declared to be the policy of the State of Mississippi that the formation and determination of public policy is public business and shall be conducted at open meetings except as otherwise provided herein.
Laws, 1975, ch. 481, § 1, eff. 1/1/1976.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 41 - OPEN MEETINGS (§§ 25-41-1 — 25-41-17) › Section 25-41-3 - Definitions

For purposes of this chapter, the following words shall have the meaning ascribed herein, to wit:
(a)
"Public body" means any executive or administrative board, commission, authority, council, department, agency, bureau or any other policymaking entity, or committee thereof, of the State of Mississippi, or any political subdivision or municipal corporation of the state, whether the entity be created by statute or executive order, which is supported wholly or in part by public funds or expends public funds, and any standing, interim or special committee of the Mississippi Legislature. The term "public body" includes the governing board of a charter school authorized by the Mississippi Charter School Authorizer Board and the board of trustees of a community hospital as defined in Section
41-13-10
. The term "public body" includes the Mississippi Lottery Corporation. There shall be exempted from the provisions of this chapter:
(i)
The judiciary, including all jury deliberations;
(ii)
Law enforcement officials;
(iii)
The military;
(iv)
The State Probation and Parole Board;
(v)
The Workers' Compensation Commission;
(vi)
Legislative subcommittees and legislative conference committees;
(vii)
The arbitration council established in Section
69-3-19
;
(viii)
License revocation, suspension and disciplinary proceedings held by the Mississippi State Board of Dental Examiners; and
(ix)
Hearings and meetings of the Board of Tax Appeals and of the hearing officers and the board of review of the Department of Revenue as provided in Section
27-77-15
.
(b)
"Meeting" means an assemblage of members of a public body at which official acts may be taken upon a matter over which the public body has supervision, control, jurisdiction or advisory power, including an assemblage through the use of video or teleconference devices that conforms to Section
25-41-5
.
Laws, 1975, ch. 481, § 2; Laws, 1991, ch. 483, § 34; Laws, 2000, ch. 623, § 9; Laws, 2003, ch. 496, § 1; Laws, 2005, ch. 499, § 11; Laws, 2009, ch. 492, § 8, eff. 7/1/2010.
Brought forward by Laws, 2021, ch. 393, HB 1323,§ 2, eff. 7/1/2021.
Amended by Laws, 2018EX1, ch. 2, SB 2001,§ 50, eff. 9/1/2018.
Amended by Laws, 2016, ch. 434, SB 2081, 1, eff. 1/1/2016 (retroactive).
Amended by Laws, 2015, ch. 484, SB 2407, 1, eff. 1/1/2016.
Amended by Laws, 2013, ch. 497, HB 369, 33, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 41 - OPEN MEETINGS (§§ 25-41-1 — 25-41-17) › Section 25-41-5 - Official meetings of public bodies to be public and open; provisions for teleconference and video meetings

(1)
All official meetings of any public body, unless otherwise provided in this chapter or in the Constitutions of the United States of America or the State of Mississippi, are declared to be public meetings and shall be open to the public at all times unless declared an executive session as provided in Section
25-41-7
.
(2)
A public body may conduct any meeting through teleconference or video means. A quorum of a public body as prescribed by law may be at different locations for the purpose of conducting a meeting through teleconference or video means provided that the equipment used is located at the place where the public body normally meets or at a public location specified in any notice of a special meeting, and provided that the equipment allows all members of the public body and members of the public who attend the meeting to hear the deliberations of the public body.
(3)
An agenda and materials that will be distributed to members of the public body and that have been made available to the staff of the public body in sufficient time for duplication and forwarding to the members of the public body shall be made available to the public at the time of the meeting. Votes taken during any meeting conducted through teleconference or video means shall be taken in a manner that is clearly audible or visible to all members of the public body and to members of the public present at the public location.
Laws, 1975, ch. 481, § 3; Laws, 2003, ch. 496, § 2; Laws, 2006, ch. 596, § 2; Laws, 2007, ch. 591, § 1; Laws, 2009, ch. 405, § 1; Laws, 2012, ch. 442, § 1, eff. 9/20/2012 (the date the United States Attorney General determined the amendments to this section were not subject to Section 5 of the Voting Rights Act of 1965).
Amended by Laws, 2017, ch. 319, HB 1119, 1, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 41 - OPEN MEETINGS (§§ 25-41-1 — 25-41-17) › Section 25-41-9 - Regulatory authority for governing; conduct of persons attending meetings

Any public body may make and enforce reasonable rules and regulations for the conduct of persons attending its meetings.
Laws, 1975, ch. 481, § 5, eff. 1/1/1976.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 41 - OPEN MEETINGS (§§ 25-41-1 — 25-41-17) › Section 25-41-11 - Minutes

(1)
Minutes shall be kept of all meetings of a public body, whether in open or executive session, showing the members present and absent; the date, time and place of the meeting; an accurate recording of any final actions taken at such meeting; and a record, by individual member, of any votes taken; and any other information that the public body requests be included or reflected in the minutes. The minutes shall be recorded within a reasonable time not to exceed thirty (30) days after recess or adjournment and shall be open to public inspection during regular business hours.
(2)
Minutes of a meeting conducted by teleconference or video means shall comply with the requirements of Section
25-41-5
.
(3)
Minutes of legislative committee meetings shall consist of a written record of attendance and final actions taken at such meetings.
Laws, 1975, ch. 481, § 6; Laws, 1981, ch. 456, § 2; Laws, 2003, ch. 496, § 3, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 41 - OPEN MEETINGS (§§ 25-41-1 — 25-41-17) › Section 25-41-15 - Enforcement

The Mississippi Ethics Commission shall have the authority to enforce the provisions of this chapter upon a complaint filed by any person. Upon receiving a complaint, the commission shall forward a copy of the complaint to the head of the public body involved. The public body shall have fourteen (14) days from receipt of the complaint to file a response with the commission. After receiving the response to the complaint or, if no response is received after fourteen (14) days, the commission, in its discretion, may dismiss the complaint or proceed by setting a hearing in accordance with rules and regulations promulgated by the Ethics Commission.
After a hearing, the Ethics Commission may order the public body to take whatever reasonable measures necessary, if any, to comply with this chapter. If the Ethics Commission finds that a member or members of a public body has willfully and knowingly violated the provisions of this chapter, the Ethics Commission may impose a civil penalty upon the individual members of the public body found to be in violation of the provision of this chapter in a sum not to exceed Five Hundred Dollars ($500.00) for a first offense and One Thousand Dollars ($1,000.00) for a second or subsequent offense, plus all reasonable expenses incurred by the person or persons in bringing the complaint to enforce this chapter.
Nothing in this chapter shall be construed to prohibit the Ethics Commission from mediating or otherwise resolving disputes arising under this chapter or from entering orders agreed to by the parties. In carrying out its responsibilities under this section, the Ethics Commission shall have all the powers and authority granted to it in Title 25, Chapter 4, Mississippi Code of 1972.
Any party may petition the chancery court of the county in which the public body is located to enforce or appeal any order of the Ethics Commission issued pursuant to this chapter. In any such appeal the chancery court shall conduct a de novo review.
Laws, 1975, ch. 481, § 8; Laws, 2003, ch. 495, § 1; Laws, 2008, ch. 562, § 17, eff. 8/5/2008 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965); Laws, 2011, ch. 310, § 1, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 41 - OPEN MEETINGS (§§ 25-41-1 — 25-41-17) › Section 25-41-17 - Chance meetings and social gatherings excluded

The provisions of this chapter shall not apply to chance meetings or social gatherings of members of a public body.
Laws, 1981, ch. 456, § 3, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Section 25-43-1 - [Repealed]

Laws, 1976, ch. 487, § 1, eff from and after January 1, 1977, eff from and after July 1, 2005; Repealed by Laws, 2003, ch. 304, § 26, effective July 1, 2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Section 25-43-3 - [Repealed]

Laws, 1976, ch. 487, § 2; Laws, 1995, ch. 499, § 2, eff from and after passage (approved March 28, 1995), eff from and after July 1, 2005; Repealed by Laws, 2003, ch. 304, § 26, effective July 1, 2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Section 25-43-5 - [Repealed]

Laws, 1976, ch. 487, § 3, eff from and after January 1, 1977; Repealed by Laws, 2003, ch. 304, § 26, effective July 1, 2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Section 25-43-7 - [Repealed]

Laws, 1976, ch. 487, § 4, eff from and after January 1, 1977; Repealed by Laws, 2003, ch. 304, § 26, effective July 1, 2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Section 25-43-9 - [Repealed]

Laws 1976, ch. 487, § 5, eff from and after January 1, 1977; Repealed by Laws, 2003, ch. 304, § 26, effective July 1, 2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Section 25-43-11 - [Repealed]

Law, 1976, ch. 487, § 6, eff from and after January 1, 1977; Repealed by Laws, 2003, ch. 304, § 26, effective July 1, 2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Section 25-43-13 - [Repealed]

Laws, 1976, ch. 487, § 7, eff from and after January 1, 1977; Repealed by Laws, 2003, ch. 304, § 26, effective July 1, 2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Section 25-43-15 - [Repealed]

Laws, 1976, ch. 487, § 8, eff from and after January 1, 1977; Repealed by Laws, 2003, ch. 304, § 26, effective July 1, 2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Section 25-43-17 - [Repealed]

Laws, 1976, ch. 487, § 9, eff from and after January 1, 1977; Repealed by Laws, 2003, ch. 304, § 26, effective July 1, 2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Section 25-43-19 - [Repealed]

Laws, 1976, ch. 487, § 10, eff from and after January 1, 1977; Repealed by Laws, 2003, ch. 304, § 26, effective July 1, 2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Article 1 - GENERAL PROVISIONS (§§ 25-43-1.101 — 25-43-1.107) › Section 25-43-1.101 - Title; statement of purpose

(1)
This chapter may be cited as the "Mississippi Administrative Procedures Law."
(2)
This chapter is intended to provide a minimum procedural code for the operation of all state agencies when they take action affecting the rights and duties of the public. Nothing in this chapter shall be construed as invalidating any rule or regulation adopted before July 1, 2005, if such rule or regulation was properly adopted in accordance with the law as it existed at the time of adoption. Nothing in this chapter is meant to discourage agencies from adopting procedures providing greater protections to the public or conferring additional rights upon the public; and save for express provisions of this chapter to the contrary, nothing in this chapter is meant to abrogate in whole or in part any statute prescribing procedural duties for an agency which are greater than or in addition to those provided here. This chapter is meant to apply to all rule-making that is not specifically excluded from this chapter or some portion thereof by its express terms or by the express terms of another chapter.
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. In accomplishing its objectives, the intention of this chapter is to strike a fair balance between these purposes and the need for efficient, economical and effective government administration. This chapter is not meant to alter the substantive rights of any person or agency. Its impact is limited to procedural rights with the expectation that better substantive results will be achieved in the everyday conduct of state government by improving the process by which those results are attained.
(3)
From and after July 1, 2005, any reference to the Mississippi Administrative Procedure Act, the Mississippi Administrative Procedures Act, the Mississippi Administrative Procedure Law, or the Mississippi Administrative Procedures Law, being Section
25-43-1
et seq., Mississippi Code of 1972, shall be deemed to mean and refer to this chapter.
Laws, 2003, ch. 304, § 1, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Article 1 - GENERAL PROVISIONS (§§ 25-43-1.101 — 25-43-1.107) › Section 25-43-1.103 - Applicability and relation to other law

(1)
This chapter applies to all agencies and all proceedings not expressly exempted under this chapter.
(2)
This chapter creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed by other statutes.
(3)
Specific statutory provisions which govern agency proceedings and which are in conflict with any of the provisions of this chapter shall continue to be applied to all proceedings of any such agency to the extent of such conflict only.
(4)
The provisions of this chapter 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 this chapter, the provisions of such other law shall govern and control.
(5)
An agency may grant procedural rights to persons in addition to those conferred by this chapter so long as rights conferred upon other persons by any provision of law are not substantially prejudiced.
(6)
[Repealed effective 6/30/2026]
For the purposes of implementing, administering and/or enforcing the provisions of rules and regulations promulgated pursuant to the Mississippi Medical Cannabis Act, the Mississippi State Department of Health and the Mississippi Department of Revenue shall be exempted from this chapter from February 2, 2022, through June 30, 2026. This subsection shall stand repealed on June 30, 2026.
Laws, 2003, ch. 304, § 3, eff. 7/1/2005.
Amended by Laws, 2023, ch. 423, HB 249,§ 2, eff. 7/1/2023.
Amended by Laws, 2022, ch. 385, SB 2818,§ 2, eff. 3/30/2022.
Amended without change by Laws, 2022, ch. 303, SB 2095,§ 38, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Article 1 - GENERAL PROVISIONS (§§ 25-43-1.101 — 25-43-1.107) › Section 25-43-1.104 - Suspension of chapter's provisions when necessary to avoid loss of federal funds or services

(1)
To the extent necessary to avoid a denial of funds or services from the United States which would otherwise be available to the state, the Governor, by executive order, may suspend, in whole or in part, one or more provisions of this chapter. The Governor, by executive order, shall declare the termination of a suspension as soon as it is no longer necessary to prevent the loss of funds or services from the United States.
(2)
If any provision of this chapter is suspended pursuant to this section, the Governor shall promptly report the suspension to the Legislature. The report may include recommendations concerning desirable legislation that may be necessary to conform this chapter to federal law, including the exemption, if appropriate, of a particular program from the provisions of this chapter.
Laws, 2003, ch. 304, § 4, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Article 1 - GENERAL PROVISIONS (§§ 25-43-1.101 — 25-43-1.107) › Section 25-43-1.105 - Waiver of rights

Except to the extent precluded by another provision of law, a person may waive any right conferred upon that person by this chapter, or by any rule made pursuant to this chapter.
Laws, 2003, ch. 304, § 5, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Article 1 - GENERAL PROVISIONS (§§ 25-43-1.101 — 25-43-1.107) › Section 25-43-1.107 - Report of conflicts between chapter and other laws; conforming legislation; compliance

Every agency as defined in this chapter shall, no later than October 1, 2003, file with the Secretary of the Senate and the Clerk of the House a report which outlines any conflicts between this chapter and any other laws affecting the agency. This report shall include proposed legislation to bring the other laws into conformity with the requirements of this chapter. The Secretary of State shall, no later than December 1, 2003, file with the Secretary of the Senate and the Clerk of the House a list of sections which the Secretary of State believes conflict with this chapter. The Secretary of the Senate and the Clerk of the House shall maintain a list of agencies which have complied with this section.
Laws, 2003, ch. 304, § 27 eff. 2/19/2003.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Article 2 - PUBLIC ACCESS TO AGENCY LAW AND POLICY (§§ 25-43-2.101 — 25-43-2.105) › Section 25-43-2.102 - Public inspection and indexing of agency orders

(1)
In addition to other requirements imposed by any provision of law, and subject to any confidentiality provisions established by law, each agency shall make all written final orders available for public inspection and copying and index them by name and subject.
(2)
A written final order available for public inspection pursuant to subsection (1) may not be relied on as precedent by an agency to the detriment of any person until it has been made available for public inspection and indexed in the manner described in subsection (1) of this section. This provision is inapplicable to any person who has actual, timely knowledge of the order. The burden of proving that knowledge is on the agency.
Laws, 2003, ch. 304, § 8, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Article 2 - PUBLIC ACCESS TO AGENCY LAW AND POLICY (§§ 25-43-2.101 — 25-43-2.105) › Section 25-43-2.104 - Required rule-making

In addition to other rule-making requirements imposed by law, each agency shall:
(a)
Adopt as a rule a description of the organization of the agency which states the general course and method of its operations and where and how the public may obtain information or make submissions or requests;
(b)
Adopt rules of practice setting forth the nature and requirements of all formal and informal proceedings available to the public.
Laws, 2003, ch. 304, § 10, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Article 2 - PUBLIC ACCESS TO AGENCY LAW AND POLICY (§§ 25-43-2.101 — 25-43-2.105) › Section 25-43-2.105 - Model rules of procedure

In accordance with the rule-making requirements of this chapter, the Secretary of State shall adopt model rules of procedure appropriate for use by as many agencies as possible. The model rules must deal with all general functions and duties performed in common by several agencies. Each agency may adopt as much of the model rules as is practicable under its circumstances. To the extent an agency adopts the model rules, it shall do so in accordance with the rule-making requirements of this chapter.
Laws, 2003, ch. 304, § 11, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Article 3 - RULE-MAKING ADOPTION AND EFFECTIVENESS OF RULES (§§ 25-43-3.101 — 25-43-3.114) › Section 25-43-3.101 - Advice on possible rules before notice of proposed rule adoption

(1)
In addition to seeking information by other methods, an agency, before filing of a notice of proposed rule adoption under Section
25-43-3.103
, may solicit comments from the public on a subject matter of possible rule-making under active consideration within the agency by causing notice to be filed with the Secretary of State for publication in the administrative bulletin of the subject matter and indicating where, when and how persons may comment.
(2)
Each agency may also appoint committees of nonagency personnel or other members of the public to comment, before filing of a notice of proposed rule adoption under Section
25-43-3.103
, on the subject matter of a possible rule-making under active consideration within the agency. The membership of those committees must be filed with the Secretary of State for publication in the administrative bulletin.
Laws, 2003, ch. 304, § 12, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Article 3 - RULE-MAKING ADOPTION AND EFFECTIVENESS OF RULES (§§ 25-43-3.101 — 25-43-3.114) › Section 25-43-3.102 - Public rule-making docket

(1)
Each agency shall maintain a current, public rule-making docket.
(2)
The rule-making docket may, but need not, contain a listing of the subject matter of possible rules currently under active consideration within the agency for proposal under Section
25-43-3.103
and the name and address of agency personnel with whom persons may communicate with respect to the matter.
(3)
The rule-making docket must list each pending rule-making proceeding. A rule-making proceeding is pending from the time it is commenced, by proper filing with the Secretary of State of a notice of proposed rule adoption, to the time it is terminated by the filing with the Secretary of State of a notice of termination or the rule becoming effective. For each pending rule-making proceeding, the docket must indicate:
(a)
The subject matter of the proposed rule;
(b)
A citation to all published notices relating to the proceeding;
(c)
Where written submissions or written requests for an opportunity to make oral presentations on the proposed rule may be inspected;
(d)
The time during which written submissions may be made;
(e)
If applicable, where and when oral presentations may be made;
(f)
Where any economic impact statement and written requests for the issuance of and other information concerning an economic impact statement of the proposed rule may be inspected;
(g)
The current status of the proposed rule;
(h)
The date of the rule's adoption; and
(i)
When the rule will become effective.
Laws, 2003, ch. 304, § 13, eff. 7/1/2005.
Amended without change by Laws, 2022, ch. 303, SB 2095,§ 40, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Article 3 - RULE-MAKING ADOPTION AND EFFECTIVENESS OF RULES (§§ 25-43-3.101 — 25-43-3.114) › Section 25-43-3.103 - Notice of proposed rule adoption

(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; and
(f)
Where, when and how persons may demand an oral proceeding on the proposed rule if the notice does not already provide for one.
(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.
Laws, 2003, ch. 304, § 14, eff. 7/1/2005.
Amended without change by Laws, 2022, ch. 303, SB 2095,§ 41, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Article 3 - RULE-MAKING ADOPTION AND EFFECTIVENESS OF RULES (§§ 25-43-3.101 — 25-43-3.114) › Section 25-43-3.104 - Public participation

(1)
For at least twenty-five (25) days after proper filing with the Secretary of State of the notice of proposed rule adoption, an agency shall afford persons the opportunity to submit, in writing, argument, data and views on the proposed rule.
(2)
(a)
An agency, in its discretion, may schedule an oral proceeding on any proposed rule. However, an agency shall schedule an oral proceeding on a proposed rule if, within twenty (20) days after the proper filing of the notice of proposed rule adoption, a written request for an oral proceeding is submitted by a political subdivision, an agency or ten (10) persons. At that proceeding, persons may present oral or written argument, data and views on the proposed rule.
(b)
An oral proceeding on a proposed rule, if required, may not be held earlier than twenty (20) days after notice of its location and time is properly filed with the Secretary of State for publication in the administrative bulletin. 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 the location and time of the oral proceeding to be mailed 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.
(c)
The agency, a member of the agency, or another presiding officer designated by the agency shall preside at a required oral proceeding on a proposed rule. Oral proceedings must be open to the public and may be recorded by stenographic or other means.
(d)
An agency may issue rules for the conduct of oral rule-making proceedings or prepare reasonable guidelines or procedures for the conduct of any such proceedings. Those rules may include, but not be limited to, provisions calculated to prevent undue repetition in the oral proceedings.
Laws, 2003, ch. 304, § 15, eff. 7/1/2005.
Amended without change by Laws, 2022, ch. 303, SB 2095,§ 42, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 43 - ADMINISTRATIVE PROCEDURES (§§ 25-43-1 — 25-43-4.109) › Article 3 - RULE-MAKING ADOPTION AND EFFECTIVENESS OF RULES (§§ 25-43-3.101 — 25-43-3.114) › Section 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.
Laws, 2003, ch. 304, § 17, eff. 7/1/2005.
Amended without change by Laws, 2022, ch. 303, SB 2095,§ 44, eff. 2/2/2022.