reglab/statecodes huggingface dataset:
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 25-43-3.107 - Variance between adopted rule and published notice of proposed rule adoption

(1)
An agency shall not adopt a rule that differs from the rule proposed in the notice of proposed rule adoption on which the rule is based unless all of the following apply:
(a)
The differences are within the scope of the matter announced in the notice of proposed rule adoption and are in character with the issues raised in that notice;
(b)
The differences are a logical outgrowth of the contents of that notice of proposed rule adoption and the comments submitted in response thereto; and
(c)
The notice of proposed rule adoption provided fair warning that the outcome of that rulemaking proceeding could be the rule in question.
(2)
In determining whether the notice of proposed rule adoption provided fair warning that the outcome of that rulemaking proceeding could be the rule in question, an agency shall consider all of the following factors:
(a)
The extent to which persons who will be affected by the rule should have understood that the rulemaking proceeding on which it is based could affect their interests;
(b)
The extent to which the subject matter of the rule or issues determined by the rule are different from the subject matter or issues contained in the notice of proposed rule adoption; and
(c)
The extent to which the effects of the rule differ from the effects of the proposed rule contained in the notice of proposed rule adoption.
Laws, 2003, ch. 304, § 18, eff. 7/1/2005.
Amended without change by Laws, 2022, ch. 303, SB 2095,§ 45, 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 25-43-3.108 - Exemption from public rule-making procedures for temporary rules

If an agency finds that an imminent peril to the public health, safety or welfare requires adoption of a rule upon fewer than twenty-five (25) days' notice and states in writing its reasons for that finding, it may proceed without prior notice of hearing or upon any abbreviated notice and hearing that it finds practicable to adopt an emergency rule. The rule may be effective for a period of not longer than one hundred twenty (120) days, renewable once for a period not exceeding ninety (90) days, but the adoption of an identical rule under this Article III is not precluded.
Laws, 2003, ch. 304, § 19, eff. 7/1/2005.
Amended by Laws, 2022, ch. 303, SB 2095,§ 46, 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 25-43-3.109 - Contents, style and form of rule

(1)
Each rule adopted by an agency must contain the text of the rule and:
(a)
The date the agency adopted the rule;
(b)
An indication of any change between the text of the proposed rule contained in the published notice of proposed rule adoption and the text of the rule as finally adopted, with the reasons for any substantive change;
(c)
Any changes to the information contained in the notice of proposed rule adoption as required by subsection (1)(a), (b) or (c) of Section
25-43-3.103
;
(d)
Any findings required by any provision of law as a prerequisite to adoption or effectiveness of the rule; and
(e)
The effective date of the rule if other than that specified in Section
25-43-3.113(1)
.
(2)
To the extent feasible, each rule should be written in clear and concise language understandable to persons who may be affected by it.
(3)
An agency may incorporate, by reference in its rules and without publishing the incorporated matter in full, all or any part of a code, standard, rule or regulation that has been adopted by an agency of the United States or of this state, another state or by a nationally recognized organization or association, if incorporation of its text in agency rules would be unduly cumbersome, expensive or otherwise inexpedient. The reference in the agency rules must fully identify the incorporated matter with an appropriate citation. An agency may incorporate by reference such matter in its rules only if the agency, organization or association originally issuing that matter makes copies of it readily available to the public. The rules must state if copies of the incorporated matter are available from the agency issuing the rule or where copies of the incorporated matter are available from the agency of the United States, this state, another state or the organization or association originally issuing that matter.
(4)
In preparing its rules pursuant to this Article III, each agency shall follow the uniform numbering system, form and style prescribed by the Secretary of State.
Laws, 2003, ch. 304, § 20, eff. 7/1/2005.
Amended without change by Laws, 2022, ch. 303, SB 2095,§ 47, 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 25-43-3.110 - Agency rule-making record

(1)
An agency shall maintain an official rule-making record for each rule it (a) proposes or (b) adopts. The agency has the exclusive authority to prepare and exclusive authority to certify the record or any part thereof, including, but not limited to, any transcript of the proceedings, and the agency's certificate shall be accepted by the court and by any other agency. The record must be available for public inspection.
(2)
The agency rule-making record must contain:
(a)
Copies of all notices of proposed rule-making or oral proceedings or other publications in the administrative bulletin with respect to the rule or the proceeding upon which the rule is based;
(b)
Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding upon which the rule is based;
(c)
All written requests, submissions and comments received by the agency and all other written materials considered by the agency in connection with the formulation, proposal or adoption of the rule or the proceeding upon which the rule is based;
(d)
Any official transcript of oral presentations made in the proceeding upon which the rule is based or, if not transcribed, any tape recording or stenographic record of those presentations, and any memorandum prepared by a presiding official summarizing the contents of those presentations. The word "transcript" includes a written transcript, a printed transcript, an audible audiotape or videotape that is indexed and annotated so that it is readily accessible and any other means that the agency may have by rule provided for the reliable and accessible preservation of the proceeding;
(e)
A copy of any economic impact statement prepared for the proceeding upon which the rule is based; and
(f)
A copy of the rule and related information set out in Section
25-43-3.109
as filed in the Office of the Secretary of State.
(3)
The agency shall have authority to engage such persons and acquire such equipment as may be reasonably necessary to record and preserve in any technically and practicably feasible manner all matters and all proceedings had at any rule-making proceeding.
(4)
Upon judicial review, the record required by this section constitutes the official agency rule-making record with respect to a rule. Except as otherwise required by a provision of law, the agency rule-making record need not constitute the exclusive basis for agency action on that rule or for judicial review thereof.
Laws, 2003, ch. 304, § 21, eff. 7/1/2005.
Amended without change by Laws, 2022, ch. 303, SB 2095,§ 48, 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 25-43-3.111 - Invalidity of rules not adopted according to article; time limitation

(1)
A rule adopted after July 1, 2005, is invalid unless adopted in substantial compliance with the provisions of Sections
25-43-3.102
through
25-43-3.110
. Inadvertent failure to mail a notice of proposed rule adoption to any person as required by Section
25-43-3.103(2)
does not invalidate a rule.
(2)
An action to contest the validity of a rule on the grounds of its noncompliance with any provision of Sections
25-43-3.102
through
25-43-3.110
must be commenced within one (1) year after the effective date of the rule.
Laws, 2003, ch. 304, § 22, 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 25-43-3.112 - Filing of rules

An agency shall file in the Office of the Secretary of State each rule it adopts and all rules existing on July 1, 2005, that have not previously been filed. The filing must be done as soon after adoption of the rule as is practicable. At the time of filing, each rule adopted after July 1, 2005, must have included in or attached to it the material set out in Section
25-43-3.109
. The Secretary of State shall affix to each rule and statement a certification of the date of filing and keep a permanent register open to public inspection of all filed rules and attached material. In filing a rule, each agency shall use a standard format prescribed by the Secretary of State.
Laws, 2003, ch. 304, § 23, 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 25-43-3.113 - Effective date of rules

(1)
Except to the extent subsection (2) or (3) of this section provides otherwise, each rule adopted after July 1, 2005, becomes effective thirty (30) days after its proper filing in the Office of the Secretary of State.
(2)
(a)
A rule becomes effective on a date later than that established by subsection (1) of this section if a later date is required by another statute or specified in the rule.
(b)
A rule may become effective immediately upon its filing or on any subsequent date earlier than that established by subsection (1) of this section if the agency establishes such an effective date and finds that:
(i)
It is required by Constitution, statute or court order;
(ii)
The rule only confers a benefit or removes a restriction on the public or some segment thereof;
(iii)
The rule only delays the effective date of another rule that is not yet effective; or
(iv)
The earlier effective date is necessary because of imminent peril to the public health, safety or welfare.
(c)
The finding and a brief statement of the reasons therefor required by paragraph (b) of this subsection must be made a part of the rule. In any action contesting the effective date of a rule made effective under paragraph (b) of this subsection, the burden is on the agency to justify its finding.
(d)
A temporary rule may become effective immediately upon its filing or on any subsequent date earlier than that established by subsection (1) of this section.
(e)
Each agency shall make a reasonable effort to make known to persons who may be affected by it a rule made effective before any date established by subsection (1) of this section.
(3)
This section does 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.
Laws, 2003, ch. 304, § 24, eff. 7/1/2005.
Amended without change by Laws, 2022, ch. 303, SB 2095,§ 49, 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 25-43-3.114 - Review by agency; review of all rules by boards subject to supervision by the Occupational Licensing Review Commission

(1)
At least every five (5) years, each agency shall review all of its rules to determine whether any rule should be repealed, amended or a new rule adopted.
(2)
At least every three (3) years, each board subject to supervision by the Occupational Licensing Review Commission shall review all of its rules to determine whether any rule should be repealed, amended or a new rule adopted, and shall submit a report of the review to the Occupational Licensing Review Commission.
Laws, 2018, ch. 439, § 1, eff. 7/1/2018.
Laws, 2003, ch. 304, § 25, 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 4 - MISSISSIPPI SMALL BUSINESS REGULATORY FLEXIBILITY ACT (§§ 25-43-4.101 — 25-43-4.109) › Section 25-43-4.101 - Short title

This article may be cited as the "Mississippi Small Business Regulatory Flexibility Act."
Laws, 2012, ch. 454, § 1, eff. 7/1/2012.
Reenacted by Laws, 2016, ch. 411, HB 819, 1, eff. 7/1/2016.
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 4 - MISSISSIPPI SMALL BUSINESS REGULATORY FLEXIBILITY ACT (§§ 25-43-4.101 — 25-43-4.109) › Section 25-43-4.102 - Definitions

As used in this article:
(a)
"Agency" is defined in Section
25-43-1.102
.
(b)
"Department" means the Mississippi Development Authority.
(c)
"Committee" means the Small Business Regulatory Review Committee.
(d)
"Rule" is defined in Section
25-43-1.102
, except that the term "rule" shall not include emergency or preemptive rules.
(e)
"Small business" means a for-profit business entity employing fewer than one hundred (100) full-time employees or having gross annual sales or revenues of less than Ten Million Dollars ($10,000,000.00).
Laws, 2012, ch. 454, § 2, eff. 7/1/2012.
Reenacted by Laws, 2016, ch. 411, HB 819, 2, eff. 7/1/2016.
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 4 - MISSISSIPPI SMALL BUSINESS REGULATORY FLEXIBILITY ACT (§§ 25-43-4.101 — 25-43-4.109) › Section 25-43-4.105 - Committee opposition to promulgated regulations; agency response

(1)
For promulgated regulations, the committee may file a written petition with the agency that has promulgated the regulations opposing all or part of a regulation that has an impact on small business. In addition to distinctly setting forth how the regulation has had an impact on small business, the committee's petition shall address the following factors:
(a)
The continued need for the rule;
(b)
The nature of complaints or comments received concerning the rule from the public;
(c)
The complexity of the rule;
(d)
The extent to which the rule overlaps, duplicates or conflicts with other federal, state and local governmental laws or rules; and
(e)
The length of time since the rule has been evaluated or the degree to which technology, economic conditions or other factors have changed in the area affected by the rule.
The petition may also renew any earlier comments made by the committee when the regulation was first promulgated, as provided by Section
25-43-4.104(3)
. Furthermore, the committee's petition shall make a specific recommendation concerning the regulation, including, but not limited to, whether the regulation should be amended, revised or revoked.
(2)
The agency shall submit a written response of its determination to the committee within sixty (60) days after receipt of the petition. If the agency determines that the petition merits the amendment, revision, or revocation of a regulation, the agency may initiate proceedings in accordance with the applicable requirements of the Mississippi Administrative Procedures Law. If the agency determines that the petition is without merit, the committee may submit within thirty (30) days additional data in support of its petition.
Laws, 2012, ch. 454, § 5, eff. 7/1/2012.
Reenacted by Laws, 2016, ch. 411, HB 819, 5, eff. 7/1/2016.
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 4 - MISSISSIPPI SMALL BUSINESS REGULATORY FLEXIBILITY ACT (§§ 25-43-4.101 — 25-43-4.109) › Section 25-43-4.106 - Annual report

The committee shall make an annual report by January 15 of each year to the Governor, the Lieutenant Governor and the Speaker of the House of Representatives and provide detailed information on the committee's activities during the previous calendar year.
Laws, 2012, ch. 454, § 6, eff. 7/1/2012.
Reenacted by Laws, 2016, ch. 411, HB 819, 6, eff. 7/1/2016.
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 4 - MISSISSIPPI SMALL BUSINESS REGULATORY FLEXIBILITY ACT (§§ 25-43-4.101 — 25-43-4.109) › Section 25-43-4.107 - Waiver of or reduction in administrative penalty or fine under certain circumstances

(1)
Notwithstanding any other law of this state, any agency authorized to assess administrative penalties or administrative fines upon a business may waive or reduce any administrative penalty or administrative fine for a violation of any statute, ordinance, or rules by a small business under the following conditions:
(a)
The small business corrects the violation within thirty (30) days or less after receipt of a notice of violation or citation;
(b)
The violation was the result of an excusable misunderstanding of an agency's interpretation of a rule; or
(c)
The agency determines that the small business is making a good-faith effort to comply with the statute, ordinance or rule.
(2)
Subsection (1) of this section shall not apply when:
(a)
A small business fails to exercise good faith in complying with the statute, ordinance or rule;
(b)
A violation involves criminal conduct;
(c)
A violation results in serious health, safety or environmental impact; or
(d)
The penalty or fine is assessed pursuant to a federal law or regulation and for which no waiver or reduction is authorized by the federal law or regulation.
Laws, 2012, ch. 454, § 7, eff. 7/1/2012.
Reenacted by Laws, 2016, ch. 411, HB 819, 7, eff. 7/1/2016.
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 4 - MISSISSIPPI SMALL BUSINESS REGULATORY FLEXIBILITY ACT (§§ 25-43-4.101 — 25-43-4.109) › Section 25-43-4.108 - Applicability and relation to other laws

The Mississippi Small Business Regulatory Flexibility Act shall not apply to proposed permanent rules by an agency to implement a statute or ordinance that does not require an agency to interpret or describe the requirements of the statute or ordinance, such as state legislative or federally mandated provisions which afford the agency no discretion to consider less restrictive alternatives.
Laws, 2012, ch. 454, § 8, eff. 7/1/2012.
Reenacted by Laws, 2016, ch. 411, HB 819, 8, eff. 7/1/2016.
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 4 - MISSISSIPPI SMALL BUSINESS REGULATORY FLEXIBILITY ACT (§§ 25-43-4.101 — 25-43-4.109) › Section 25-43-4.109 - [Repealed]

Laws, 2012, ch. 454, § 9, eff. 7/1/2012.
Repealed by Laws, 2016, ch. 411, HB 819, 9, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 45 - PERMIT AND LICENSING PROCEDURES (§§ 25-45-1 — 25-45-17) › Section 25-45-1 - Statement of policy

It is the policy of the State of Mississippi that each agency of the state shall cooperate to the greatest extent possible with other agencies of the state and agencies of the federal government which have separate but similar, related or interrelated jurisdiction or authority over certain activities performed by or benefits granted to persons or entities within the state, so that (a) the processing and issuing of permits, licenses and other such instruments will be streamlined to reduce costly delays, (b) duplication of effort and unnecessary governmental "red tape" will be reduced, and (c) state policy will be carried out in an effective, efficient, predictable and consistent manner.
Laws, 1981, ch. 421, § 1(1); reenacted, Laws, 1984, ch. 418, § 1; reenacted, Laws, 1988, ch. 532, § 1, eff. 6/30/1988.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 45 - PERMIT AND LICENSING PROCEDURES (§§ 25-45-1 — 25-45-17) › Section 25-45-3 - State agencies to develop plans for one-stop permitting; elements of plan

In order to accomplish the policy set out in Section
25-45-1
, each agency of the state shall develop a plan for "one-stop permitting" to coordinate the processing and issuing of permits, licenses and other such instruments by the agency with other state or federal agencies which also require an applicant to obtain a permit, license or other instrument from it or to supply information to it before the applicant may perform certain activities or receive certain benefits. "One-stop permitting" shall enable an applicant for a permit, license or other instrument from an agency of the state to complete all necessary applications at one (1) time and location or to supply enough information to the agency at one (1) time and location so that such agency can process the application or information through any other state or federal agencies necessary for the applicant to obtain authorization to perform the particular activities that he wants to perform or receive the benefits for which he has applied. To the greatest extent possible, each plan for "one-stop permitting" shall provide for the following:
(a)
Where practicable, a single application form for all required permits, licenses and other instruments from agencies which have separate but similar, related or interrelated jurisdiction or authority over certain activities performed by or benefits granted to persons or entities within the state; such application form shall contain sufficient information so that the necessary reviews of all affected agencies can be expeditiously carried out;
(b)
Consolidated public hearings so that a single public hearing may serve to meet the requirements of the several public hearings as may now be provided by law for issuing permits, licenses and other such instruments by agencies which have separate but similar, related or interrelated jurisdiction or authority over certain activities performed by or benefits granted to persons or entities within the state;
(c)
The shortest practicable review period for applications, proper allowances being made for all interested parties to become informed and to make their opinions heard by the appropriate agencies; and
(d)
Joint permitting procedures for state and federal agencies.
Laws, 1981, ch. 421, § 1(2); reenacted, Laws, 1984, ch. 418, § 2; reenacted and amended, Laws, 1988, ch. 532, § 2, eff. 6/30/1988.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 45 - PERMIT AND LICENSING PROCEDURES (§§ 25-45-1 — 25-45-17) › Section 25-45-5 - Agencies authorized to enter agreements with state or federal agencies

Each agency of the state is authorized to enter into agreements with other state agencies and federal agencies in order to implement the "one-stop permitting" required by this chapter.
Laws, 1981, ch. 421, § 1(3); reenacted, Laws, 1984, ch. 418, § 3; reenacted, Laws, 1988, ch. 532, § 3, eff. 6/30/1988.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 45 - PERMIT AND LICENSING PROCEDURES (§§ 25-45-1 — 25-45-17) › Section 25-45-7 - Agencies to consult with Mississippi Department of Information Technology Services

Each agency of the state may consult with the Central Data Processing Authority created under the provisions of Section
25-53-1
et seq. in all instances where the Central Data Processing Authority may be of assistance in developing and/or implementing a plan or program for "one-stop permitting."
Laws, 1981, ch. 421, § 1(4); reenacted, Laws, 1984, ch 418, § 4; reenacted and amended, Laws, 1988, ch. 532, § 4, eff. 6/30/1988.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 45 - PERMIT AND LICENSING PROCEDURES (§§ 25-45-1 — 25-45-17) › Section 25-45-9 - Powers, duties and responsibilities of agencies not to be altered

It is the intent of the Legislature that "one-stop permitting" shall expedite the decision-making of all agencies having separate but similar, related or interrelated jurisdiction or authority over certain activities performed by or benefits granted to persons within the state without impinging on the jurisdiction or authority of these agencies. The "one-stop permitting" required by this chapter shall not alter the powers, duties and responsibilities of any agency, its expressed purpose being to improve the procedural operations of these agencies.
Laws, 1981, ch. 421, § 1(5); reenacted, Laws, 1984, ch. 418, § 5; reenacted, Laws, 1988, ch. 532, § 5, eff. 6/30/1988.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 45 - PERMIT AND LICENSING PROCEDURES (§§ 25-45-1 — 25-45-17) › Section 25-45-11 - [Repealed]

Repealed by Laws, 1988, ch. 532, § 8, eff. 6/30/1988.
Laws, 1981, ch. 421, § 2; reenacted, 1984 ch. 418, § 6.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 45 - PERMIT AND LICENSING PROCEDURES (§§ 25-45-1 — 25-45-17) › Section 25-45-13 - Legislative intent; coordination and implementation of "one-stop permitting" terms and provisions

(1)
It is the intent of the Legislature by Sections
25-45-13
through
25-45-17
to make permitting more effective in order to improve economic development within the State of Mississippi. In accordance with this intent, the Mississippi Department of Economic Development shall coordinate and implement the terms and provisions of Sections
25-45-1
through
25-45-9
, which provide for "one-stop permitting," and serve as liaison between all agencies of the state affected by those sections in order to implement same, through the functions outlined as follows:
(a)
Participating in the initial permit contact with industry;
(b)
Providing general permit information;
(c)
Arranging meetings with pertinent regulatory agencies;
(d)
Acting as industry's advocate in obtaining environmental permits; and
(e)
Considering various data bases and other relevant planning information to assist the industrial prospect in the location and permitting process.
(2)
A Department of Economic Development representative shall:
(a)
Attend all meetings of the permit board created by Section
49-17-28
and all permit considerations by agencies of the State of Mississippi; and
(b)
Prepare reports as needed, including incidences of unusual delays in permit issuance, and make recommendations from time to time for improvement of the permit issuance process.
(3)
The Department of Economic Development shall prepare and publish:
(a)
A directory or inventory of business and industry permits;
(b)
A guide to required environmental permits in Mississippi; and
(c)
A master permit information form.
Laws, 1982, ch. 379, §§ 1 (1st Para.), 2; brought forward, Laws, 1984, ch 418, § 7; reenacted and amended, Laws, 1988, ch. 532, § 6, eff. 6/30/1988.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 45 - PERMIT AND LICENSING PROCEDURES (§§ 25-45-1 — 25-45-17) › Section 25-45-15 - [Repealed]

Repealed by Laws, 1988 ch. 532, § 8, eff. 6/30/1988.
Laws, 1982, ch. 379, §§ 1 (1st Para. ), 2; Brought forward, 1984, ch. 418, § 7.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 45 - PERMIT AND LICENSING PROCEDURES (§§ 25-45-1 — 25-45-17) › Section 25-45-17 - Cooperation of other state agencies

Each agency within the state shall cooperate to the greatest extent possible with other state agencies and the Department of Economic Development in carrying out the terms, provisions and intent of Sections
25-45-13
through
25-45-17
.
Laws, 1982, ch. 379, § 3; brought forward, Laws, 1984, ch. 418, § 9; reenacted and amended, Laws, 1988, ch. 532, § 7, eff. 6/30/1988.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 51 - STATE DEPOSITORY FOR PUBLIC DOCUMENTS (§§ 25-51-1 — 25-51-7) › Section 25-51-1 - Designation of Mississippi Library Commission as state depository for public records; electronic form of publications as public record

The Mississippi Library Commission, hereinafter referred to as the "commission," shall be the state depository for the public records issued by any government agency for public distribution, including the annual report required under Section
27-101-1
. Each agency publication shall be made available in an electronic form, and the electronic form shall constitute the public record. The record shall be placed on the official website of the commission. The libraries of state agencies, public junior colleges, colleges, public universities and public libraries located in the state may also become depositories of state agency publications that are available on the commission's official website, when designated as such by the director of the commission upon the written request of the applicable government agency.
Codes, 1942, § 4228-21; Laws, 1966. ch. 555, § 1; Laws, 1975, ch. 347, § 1; Laws, 2012, ch. 429, § 4, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 51 - STATE DEPOSITORY FOR PUBLIC DOCUMENTS (§§ 25-51-1 — 25-51-7) › Section 25-51-3 - Agencies to furnish documents in electronic form for publication on commission website

Each agency of state government shall furnish to the director of the commission the necessary information to provide its publications and public records in an electronic form for placement on the official website of the commission. The director of the commission shall transmit this information to each depository. These records shall be made accessible by the depository receiving them to any person desiring to examine the same.
Codes, 1942, § 4228-22; Laws, 1966, ch. 555, § 2; Laws, 1975, ch. 347, § 2; Laws, 2012, ch. 429, § 5, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 51 - STATE DEPOSITORY FOR PUBLIC DOCUMENTS (§§ 25-51-1 — 25-51-7) › Section 25-51-5 - Annual lists of public documents

Each agency of state government shall furnish annually to the director of the commission a list of all its publications made available for public distribution.
Codes, 1942, § 4228-23; Laws, 1966, ch. 555, § 3; Laws, 1975, ch. 347, § 3; Laws, 2012, ch. 429, § 6, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 51 - STATE DEPOSITORY FOR PUBLIC DOCUMENTS (§§ 25-51-1 — 25-51-7) › Section 25-51-7 - Recorder of public documents

A recorder of documents shall be appointed by the director of the commission in his office, whose functions shall be to administer the provisions of Sections
25-51-1
through
25-51-5
, under the supervision of the director of the commission.
Codes, 1942, § 4228-24; Laws, 1966, ch. 555, § 4; Laws, 1975, ch. 347, § 4; Laws, 2012, ch. 429, § 7, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 53 - MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES (MDITS) › GENERAL PROVISIONS (§§ 25-53-1 — 25-53-29) › Section 25-53-1 - Establishment of department; declaration of purposes

The Legislature recognizes that in order for the State of Mississippi to receive the maximum use and benefit from information technology and services now in operation or which will in the future be placed in operation, there should be full cooperation and cohesive planning and effort by and between the several state agencies and that it is the responsibility of the Legislature to provide statutory authority therefor. The Legislature, therefore, declares and determines that for these and other related purposes there is hereby established an agency of state government to be known as the Mississippi Department of Information Technology Services (MDITS). The Legislature further declares that the Mississippi Department of Information Technology Services (MDITS) shall provide statewide services that facilitate cost-effective information processing and telecommunication solutions. State agencies shall work in full cooperation with the board of MDITS to identify opportunities to minimize duplication, reduce costs and improve the efficiency of providing common technology services across agency boundaries. The provisions of this chapter shall not apply to the Department of Human Services for a period of three (3) years beginning July 1, 2017. The provisions of this chapter shall not apply to the Department of Child Protection Services for a period of three (3) years beginning July 1, 2017. Through June 30, 2024, the provisions of this chapter shall not apply to the Department of Health and the Department of Revenue for the purposes of implementing, administering and enforcing the provisions of the Mississippi Medical Cannabis Act.
Codes, 1942, § 8946-61; Laws, 1968, ch. 499, § 1; Laws, 1970, ch. 466, § 1; Laws, 1995, ch. 622, § 1; Laws, 2012, ch. 498, § 1, eff. 7/1/2012.
Amended by Laws, 2023, ch. 423, HB 249,§ 3, eff. 7/1/2023.
Amended by Laws, 2023, ch. 436, HB 1158,§ 12, eff. 3/27/2023.
Amended by Laws, 2022, ch. 385, SB 2818,§ 3, eff. 3/30/2022.
Amended by Laws, 2019, ch. 382, HB 714,§ 1, eff. 7/1/2019.
Amended by Laws, 2016, ch. 494, SB 2179, 6, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 53 - MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES (MDITS) › GENERAL PROVISIONS (§§ 25-53-1 — 25-53-29) › Section 25-53-9 - Compensation and expense allowances

The members of the authority shall be compensated by a per diem as is authorized by Section
25-3-69
for each day spent in actual discharge of their duties, and shall be reimbursed for mileage and actual expenses incurred in the performance of their duties as provided in Section
25-3-41
. No authority member may incur per diem, travel, or other expenses unless previously authorized by vote at a meeting of the authority, which action shall be recorded in the official minutes of said meeting.
Codes, 1942, § 8946-65; Laws, 1968, ch. 499, § 5; Laws, 1970, ch. 466, § 5; Laws, 1980, ch. 560, § 8; Laws, 1984, ch. 488, § 283, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 53 - MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES (MDITS) › GENERAL PROVISIONS (§§ 25-53-1 — 25-53-29) › Section 25-53-11 - Meetings and organization

The authority shall meet regularly at a place designated by it once each calendar month and shall meet at such other times as may be set upon call of the chairman or a majority of the members of the authority. At its first meeting, the authority shall organize and elect a chairman and vice-chairman and, as soon as practicable thereafter, the authority shall adopt such rules and regulations, not contrary to the provisions of this chapter and the other laws of the State of Mississippi, as shall be necessary and proper to govern its proceedings. The authority may either elect a secretary from among its membership or delegate the executive director or another employee of the authority as its secretary.
Codes, 1942, § 8946-67; Laws, 1968, ch. 499, § 7, eff. 8/7/1968.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 53 - MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES (MDITS) › GENERAL PROVISIONS (§§ 25-53-1 — 25-53-29) › Section 25-53-13 - Quorum

In order to have a quorum for a meeting of the authority, at least three (3) members of the authority must be present.
Codes, 1942, § 8946-63; Laws, 1968, ch. 499, § 3; Laws, 1970, ch. 466, § 3; Laws, 1984, ch. 488, § 284, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 53 - MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES (MDITS) › GENERAL PROVISIONS (§§ 25-53-1 — 25-53-29) › Section 25-53-15 - Votes

Any member of the authority may have his vote on any question before the authority recorded on the minutes thereof at the time of the vote, and a member of the authority who votes against an illegal or unauthorized expenditure of funds may not be held liable therefor.
Codes, 1942, § 8946-64; Laws, 1968, ch. 499, § 4; Laws, 1970, ch. 466, § 4, eff. 4/6/1970.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 53 - MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES (MDITS) › GENERAL PROVISIONS (§§ 25-53-1 — 25-53-29) › Section 25-53-17 - Minutes and records

The authority shall keep full, complete, and permanent minutes and records of all its proceedings, including the rules and regulations adopted by it, and said minutes shall be signed by the chairman, or vice-chairman, and attested by the secretary.
Codes, 1942, § 8946-71; Laws, 1968, ch. 499, § 11.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 53 - MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES (MDITS) › GENERAL PROVISIONS (§§ 25-53-1 — 25-53-29) › Section 25-53-19 - Executive director; employees

The authority shall select an executive director, with the advice and consent of the Senate, who shall be the administrative officer of the authority and shall perform such duties as are required of him by law and such other duties as may be assigned him by the authority, and who shall receive such compensation as may be fixed by the authority, subject to the approval of the state personnel board. In addition, he shall be entitled to remuneration for his necessary traveling expenses consistent with general law.
The executive director shall be a graduate of an accredited university with a degree in engineering, business administration, electronic communications, information technology or a related field, with at least ten (10) years' experience in information technology, electronic communications, or a related field, of which at least five (5) years shall be in a responsible high level management position with a demonstrated record of management expertise demonstrated through knowledge in the application of information technology and electronic communications. The qualifications for the executive director prescribed herein shall not apply to the executive director serving on June 30, 1984.
The executive director shall have no vote in the decisions of said authority, but shall offer such professional or technical advice and assistance to the authority as may be required of him. Said executive director, in order to qualify for his position, shall be required to make a good and sufficient bond in some surety company qualified and doing business in the State of Mississippi, in the minimum penal sum of Fifty Thousand Dollars ($50,000.00) conditioned upon the faithful performance of his duties as required by law and the directives of the authority. The premium on said bond shall be paid from any funds available to the authority for such purpose. Said executive director may be removed at any time upon a majority vote of the membership of said authority.
The executive director, with the approval of the authority, shall employ such technical, professional, and clerical help as may be authorized by the authority; and the authority, upon the recommendation of the executive director, shall define the duties and fix the compensation of such employees.
Codes, 1942, § 8946-66; Laws, 1968, ch. 499, § 6; Laws, 1970, ch. 466, § 6; Laws, 1984, ch. 488, § 288; Laws, 1995, ch. 622, § 5, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 53 - MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES (MDITS) › GENERAL PROVISIONS (§§ 25-53-1 — 25-53-29) › Section 25-53-23 - Appeals to authority from decisions of executive director

The authority shall act upon all appeals of decisions made by the executive director thereof and shall, upon such appeals, approve or disapprove such administrative actions as may be taken by him. The form of an appeal to the full authority from an action or recommendation of the executive director thereof shall be a written communication from the executive head of the agency or agencies involved to the chairman of the authority, stating the objection and a request to appear before the full authority to present the case in point, on which appeal the authority shall take such action as is indicated by the facts presented to or made available to the authority.
Codes, 1942, § 8946-68; Laws, 1968, ch. 499, § 8, eff. 8/7/1968.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 53 - MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES (MDITS) › GENERAL PROVISIONS (§§ 25-53-1 — 25-53-29) › Section 25-53-25 - Exemptions; delegation of bidding and contracting responsibilities to purchasing agency; relation to Public Purchases Law

(1)
Nothing in this chapter shall be construed to imply exemption from the public purchases law, being Section
31-7-1
et seq.
(2)
The authority may establish policies and procedures for the purpose of delegating the bidding and contracting responsibilities related to the procurement of computer equipment or services to the purchasing agency. Such policies and procedures must address the following issues:
(a)
Establish categories of equipment or services affected;
(b)
Establish maximum unit and/or ceiling prices of such procurements;
(c)
Establish reporting, monitoring and control of such procurements; and
(d)
Establish other such rules and regulations as necessary to fully implement the purposes of this section. Nothing in this subsection shall be construed to imply exemption from the public purchases law, being Section
31-7-1
et seq.
(3)
Acquisitions of computer equipment and services by institutions of higher learning or junior colleges wholly with federal funds and not with state general funds shall be exempt from the provisions of this chapter; however, nothing in this subsection shall be construed to imply an exemption of such acquisitions from the public purchases law, being Section
31-7-1
et seq.
(4)
[Repealed]
Codes, 1942, § 8946-70; Laws, 1968, ch. 499, § 10; Laws, 1970, ch. 466, § 8; Laws, 1983, ch. 321; Laws, 1986, ch. 446; Laws, 1988 Ex Sess, ch. 14, § 70; Laws, 1994 Ex Sess, ch. 26, § 19; Laws, 2012, ch. 498, § 4, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 53 - MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES (MDITS) › GENERAL PROVISIONS (§§ 25-53-1 — 25-53-29) › Section 25-53-27 - [Repealed]

Repealed by Laws, 1981, ch. 443, § 2, eff. 6/30/1984.
Laws, 1976, ch. 456, §§ 1, 2; 1977, ch. 400; 1979, ch. 478, § 1; 1981, ch. 443, § 1.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 53 - MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES (MDITS) › INFORMATION CONFIDENTIALITY OFFICERS (§§ 25-53-51 — 25-53-59) › Section 25-53-53 - Handling and processing of information and data

Information and data shall be considered public record information and data and receive normal handling and processing unless designated as "confidential information" by the agency and institution originating the data. Information and data designated as "confidential information" will receive special handling based on procedures agreed to by the executive director and the agency or institution head and shall be handled in accordance with the oath subscribed to by the confidentiality officer.
Laws, 1976, ch. 372, § 3, eff. 7/1/1976.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 53 - MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES (MDITS) › INFORMATION CONFIDENTIALITY OFFICERS (§§ 25-53-51 — 25-53-59) › Section 25-53-55 - Investigation of and hearing on complaints of allegedly improper disclosure of confidential information

Upon written complaint of any person claiming to be adversely affected by disclosure of confidential information by any information confidentiality officer, the director shall give notice to the information confidentiality officer of the fact that such complaint has been filed and shall give such notice to the Chairman of the Mississippi Department of Information Technology Services, who shall call a meeting of the members of the authority for the purpose of hearing such complaint. The authority shall then conduct an investigation into the matter and shall afford to the complaining party and the information confidentiality officer a hearing, of which reasonable notice shall be given. For purposes of such hearing, the authority, under signature of the secretary of the authority attested by the chairman, shall have the power to subpoena witnesses and documentary or other evidence. After such hearing, if the authority, based upon substantial evidence, shall find that the information confidentiality officer has disclosed confidential information in violation of his oath, the authority shall enter such finding of fact on its minutes and the information confidentiality officer shall be immediately discharged from employment. If the authority shall find that such oath has not been violated, it shall, likewise, enter such finding on its minutes and the complaint shall be dismissed. The finding of the authority shall be prima facie evidence of the truth thereof in any judicial procedure seeking forfeiture of the bond of such information confidentiality officer.
Laws, 1976, ch. 372, § 4; Laws, 1995, ch. 622, § 9, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 53 - MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES (MDITS) › INFORMATION CONFIDENTIALITY OFFICERS (§§ 25-53-51 — 25-53-59) › Section 25-53-57 - Officer as legal agent and employee of agency or institution for which he is processing data

An information confidentiality officer shall be considered a legal agent of the agency or institution and for the purposes of Sections
25-53-51
through
25-53-59
shall be considered to be an employee of the agency or institution for which he may be processing data at that particular time.
Laws, 1976, ch. 372, § 5, eff. 7/1/1976.