Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 4 - Records of the Commission and Staff made Public › Rule 39-1-4 › Section 39-1-4-100 - Commission Policy

Current through June 25, 2024
This rule is adopted pursuant to the requirements of the
					 "Mississippi Public Records Act of 1983." (Miss. Code Ann. §
										25-61-1
					 et seq.). Except as provided or authorized by Miss. Code Ann. §
										25-61-9,
					 25-61-11,
					 77-3-79,
					 79-23-1
					 or as may be otherwise provided by law, all records of the Commission are
					 hereby declared to be public property. All persons shall have the right to
					 inspect, copy or mechanically reproduce or obtain a reproduction of such
					 documents as are in the possession of the Commission and in accordance with
					 reasonable written procedural rules adopted by the Commission.
1.
Informal Requests
It is the policy of the Public Service Commission to
					 encourage and promote public participation in Commission affairs and, toward
					 that end, the Commission declares its desire and intent to promptly honor all
					 requests for access to or copies of all documents in the possession of the
					 Commission. Informal requests for information or documents may be made orally
					 or in writing to the Executive Secretary of the Commission and all reasonable
					 efforts will be made to comply promptly with such requests. Informal requests
					 shall not be considered as requests made under the provisions of the
					 "Mississippi Public Records Act of 1983."
2.
Formal Requests
If desired, a formal request for documents may be made to
					 the Commission pursuant to the provisions of this rule. The Commission's
					 Executive Secretary is designated as the Public Records Compliance
					 Officer.
a.
Form
Such request shall be in writing and shall state or
					 describe with particularity the documents being requested. A formal request for
					 documents shall be designated as such and shall state its reliance upon this
					 rule. The request should be addressed to the Commission's Executive Secretary
					 at the addresses provided in RPs 3 and 5 herein.
b.
Charges
In the discretion of the Executive Secretary of the
					 Commission, a charge not to exceed fifty (50) cents per page plus an
					 administrative cost may be imposed. Such charge includes the actual cost of
					 searching, reviewing and/or duplicating records. An additional charge for
					 mailing copies to the requesting person may be assessed. Fees pursuant to this
					 rule may be required to be paid in advance of complying with the request
					 pursuant to Miss Code Ann. §
												25-61-7.
c.
Copying
All copying shall be done by the Commission. Original
					 documents shall not be taken from the Office of the Executive Secretary for
					 copying except by authorized personnel.
d.
Time
Formal requests for documents shall be responded to on or
					 before fourteen (14) working days from the date upon which the request is
					 received by the Commission.
e.
Denials
Any denial of a request for documents under the provisions
					 of any applicable law or court decision shall be in writing and shall contain a
					 statement of the specific reason for the denial. The Commission shall maintain
					 a file of all denials of requests for public records which shall be in the
					 possession and under the supervision of the Executive Secretary. Copies of all
					 denials shall be maintained on file for a period of not less than three (3)
					 years from the date upon which the denial was made. Any person desiring to
					 inspect the file shall be allowed to do so upon written request to the
					 Executive Secretary.