reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 38 - Treasurer › Part 4 - Uniform Disposition of Unclaimed Property Act › Chapter 5 - Examinations › Rule 38-4-5.1 - Overview

Current through June 25, 2024
The Treasurer may at reasonable times examine the records of
				  any person to determine if such person has complied with the provisions of the
				  Act. The Treasurer may designate the Commissioner of Banking and Consumer
				  Finance, Commissioner of Insurance, or other appropriate regulatory authority
				  to examine the records of institutions of regulated industries to determine if
				  such institutions have complied with the provisions of the Act. The Treasurer
				  also may contract with any other qualified person to carry out the
				  examination.
A. The process for
				unclaimed property examinations carried out by another state agency on behalf
				of the Treasurer shall be consistent with such agency's standard audit policies
				and procedures.
B. Holders shall
				maintain records containing the information required to be included in the
				holder report for a minimum of SEVEN (7) years after the date of the holder's
				report.
C. In the case of a holder
				that has met the annual reporting requirement of the Act, but where the holder
				does not meet the records retention requirements prescribed herein, the
				Treasurer, or her agent, may employ such estimation techniques in the conduct
				of the audit as are customary and reasonable in the area of regulatory
				compliance and enforcement to fairly and accurately estimate the liability for
				property category types that may not have been reported or fully reported by
				the holder.
Miss. Code Ann.
				  Sections
				  89-12-45,
				  89-12-49
Mississippi Administrative Code › Title 38 - Treasurer › Part 4 - Uniform Disposition of Unclaimed Property Act › Chapter 5 - Examinations › Rule 38-4-5.2 - Initiation of Examination

Current through June 25, 2024
The Treasurer may conduct an examination, at her discretion,
				  in accordance with the Act and this regulation. If any person refuses to permit
				  an examination, as required under the provisions of the Act, and this
				  regulation, the Treasurer shall bring an action in a court of appropriate
				  jurisdiction to compel compliance with such examination.
A. Events that prompt an examination may
				include, but not be limited to:
1. Failure to
				report;
2. Failure to report
				property types normally reported by like holders;
3. Amounts reported and/or remitted are not
				comparable to reports received from like holders;
4. Failure to substantiate differences
				between reported property and remitted property; or
5. Errors identified during previous
				audits.
Mississippi Administrative Code › Title 38 - Treasurer › Part 4 - Uniform Disposition of Unclaimed Property Act › Chapter 5 - Examinations › Rule 38-4-5.3 - Examination Process

Current through June 25, 2024
Except as otherwise provided herein, unclaimed property
				  examinations carried out by the Treasurer, or her agent, shall include, but not
				  be limited to, the following procedures:
A. A written notice of intent shall be issued
				to the holder. The notice will state the Treasurer's intent to commence an
				examination and the holder's obligation to provide certain records to
				facilitate the examination.
B. An
				opening conference will be held with the holder to explain the overall process
				for examination and to answer any questions the holder may have regarding the
				examination. During the opening conference, a list of requests for supporting
				documentation will be provided to the holder.
C. The Treasurer, or her agent, will review
				supporting documentation as well as the holder's procedures around recording
				and reporting unclaimed property. Any follow up inquiries or requests will be
				carried out at this time.
Miss. Code Ann.
				  Sections
				  89-12-45,
				  89-12-49.
Mississippi Administrative Code › Title 38 - Treasurer › Part 4 - Uniform Disposition of Unclaimed Property Act › Chapter 5 - Examinations › Rule 38-4-5.4 - Examination Findings

Current through June 25, 2024
A. Upon completion
				of the examination process, the Treasurer, or her agent, will provide to the
				holder a draft report and letter of demand, if necessary. The holder will
				review such drafts and have a reasonable opportunity to resolve any issues or
				concerns the holder has with the examination findings.
B. The Treasurer, or her agent, will then
				schedule an exit conference with the holder during which time the holder will
				be presented with the final report. The final report shall detail the results
				of the examination and shall be accompanied by a letter of demand, if
				necessary. The letter of demand will express to the holder the terms and
				conditions under which any previously unreported property is required to be
				reported and submitted to the Division.
C. The letter of demand shall outline the
				holder's right to protest any findings or demands resulting from the
				examination. If the holder does not file a written protest in accordance with
				the Act, and this regulation, the examination findings, without further action
				of the Treasurer, will be presumed valid, and the holder shall immediately
				transmit to the Treasurer the demandable property as set out in the demand
				notice. If any person refuses to deliver property to the Treasurer as required
				under the provisions of the Act, and this regulation, the Treasurer shall bring
				an action in a court of appropriate jurisdiction to enforce such
				delivery.
D. If, in connection with
				an examination, property which should have been reported pursuant to the
				provisions of the Act is discovered:
1. The
				holder shall pay a per diem rate equal to the cost of conducting the
				examination at the standard daily rate for each examiner, or a greater amount
				that is reasonable and was incurred; in addition, the holder may also incur
				penalties and interest pursuant to the provisions of Act.
2. If the holder had previously submitted a
				report to the Division, the holder shall submit an amended report including
				documentation of the reason for the amendment(s). Documentation accompanying
				the amended report shall include but not limited to support for the following:
a. Change of owner name;
b. Change of owner last known
				address;
c. Change of date of last
				transaction;
d. Change of legal
				description of property; or
e.
				Change in original amount reported.
3. The Treasurer may, at her discretion,
				waive the per diem, interest or penalties provided by the Act and by Rule
				5.4 D.1. if a holder has failed to remit
				unclaimed property due to misinterpretation of the law or the facts, or if a
				holder is unable to pay interest or penalty due to insolvency.
Mississippi Administrative Code › Title 38 - Treasurer › Part 4 - Uniform Disposition of Unclaimed Property Act › Chapter 6 - Protests › Rule 38-4-6.1 - Written Protests

Current through June 25, 2024
Any aggrieved party, as defined in these rules, may file
				  with the Treasurer, a written protest, under oath, signed by the aggrieved
				  party or his or her duly authorized agent. As part of a written protest, an
				  aggrieved party may request an administrative hearing. In the event an
				  administrative hearing is not requested, the Treasurer shall proceed without
				  further notice to review the protest and available evidence.
A. A written protest shall include the
				following:
1. All information identifying the
				holder report, examination report, claim request or any other subject matter
				documentation relevant to the protest and the amount of property protested or
				in controversy;
2. A clear and
				concise assignment of each error alleged to have been committed by the
				Division;
3. The argument and legal
				authority upon which each assignment of error is made; and
4. A statement of relief or adjustment sought
				by the aggrieved party.
Mississippi Administrative Code › Title 38 - Treasurer › Part 4 - Uniform Disposition of Unclaimed Property Act › Chapter 6 - Protests › Rule 38-4-6.2 - Administrative Hearings

Current through June 25, 2024
The Treasurer, or her designated hearing officer, may grant
				  an administrative hearing to any aggrieved party that has submitted a request
				  for such in accordance with these rules.
A.
Notice of Administrative
				Hearing.
The Treasurer shall provide written notice of the hearing
				to the aggrieved party no more than THIRTY (30) days from the Treasurer's
				receipt of the request. Such notice, delivered by certified mail with return
				receipt requested, shall set forth the date, time, and place for the
				administrative hearing and shall also designate a hearing officer.
B.
Witnesses.
Any
				party that wishes to appear or to introduce evidence or other testimony at the
				hearing shall, at least FOURTEEN (14) days prior to the hearing date, file with
				the hearing officer a list of exhibits to be introduced and any witnesses
				intended to be called to testify or to otherwise provide evidence. A true and
				correct copy of such list shall be forwarded to all parties no later than
				FOURTEEN (14) days prior to the hearing date. The list shall contain for each
				witness:
1. Name;
2. Current residential and business addresses
				and telephone numbers, if known;
3.
				A statement indicating whether such person is to testify in person or by
				affidavit.
Mississippi Administrative Code › Title 38 - Treasurer › Part 4 - Uniform Disposition of Unclaimed Property Act › Chapter 6 - Protests › Rule 38-4-6.3 - Judicial Review

Current through June 25, 2024
Any party aggrieved by the final order of the Treasurer, with
				  regard to a written protest or administrative hearing, may commence an action
				  in the Circuit Court of the First Judicial District of Hinds County,
				  Mississippi. Except as otherwise provided by law, the Attorney General shall,
				  in person or by his assistant, act as counsel for any of the state officers in
				  suits brought by, or against, them in their official capacity, touching any
				  official duty or trust.
Miss. Code Ann.
				  Sections
				  7-5-39,
				  89-12-41,
				  89-12-49
Mississippi Administrative Code › Title 38 - Treasurer › Part 4 - Uniform Disposition of Unclaimed Property Act › Chapter 7 - Confidentiality › Rule 38-4-7.1 - Confidentiality of Reports, Records and Files in the Administration of the Act

Current through June 25, 2024
A. The Treasurer shall consider confidential
				any documents submitted by claimants, information discovered by Treasurer
				concerning claims and claimants, reports filed by holders, records and files of
				holders, and information secured therefrom, created by, received by, or coming
				into the custody of the Treasurer as a result of any audit.
B. Confidential information relating to a
				particular item of property may be disclosed to a claimant provided that such
				claimant has demonstrated probable entitlement to the property.
Miss. Code Ann.
				  Sections
				  25-61-1
				  et seq., 89-12-27, 89-12-49
Mississippi Administrative Code › Title 38 - Treasurer › Part 4 - Uniform Disposition of Unclaimed Property Act › Chapter 7 - Confidentiality › Rule 38-4-7.2 - Disclosure of Certain Information, Reports, and Records; Mississippi Public Records Act of 1983

Current through June 25, 2024
A. The Treasurer
				may disclose statistical information gathered from confidential information,
				provided that no such information is attributable to any one
				claimant.
B. Confidential
				information, obtained as required for proper administration of the Act or this
				regulation, may be disclosed to:
1. Any
				employee of the Treasurer whose official duties involve unclaimed
				property;
2. The State Auditor, or
				his duly authorized agent, in connection with any audit of the Treasurer;
				or
3. The Office of the Attorney
				General for its use in providing counsel relating to unclaimed property
				administration or in preparation for any proceeding involving unclaimed
				property before any agency or board of this state or before any grand jury or
				any state or federal court.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 1 - Applicability, Repealer and Other General Provisions › Rule 39-1-1 › Section 39-1-1-100 - Applicability

Current through June 25, 2024
These rules shall govern all practice and procedure before
					 the Mississippi Public Service Commission relating to all public utility
					 matters. These rules are not, by their terms, applicable to Commission
					 proceedings concerning pipeline safety matters nor do they define or replace
					 existing substantive rules governing public utility service obligations.
					 Nothing in these rules shall be construed as affecting those matters over which
					 the Commission has no jurisdiction, including but not limited to those
					 specified in Miss. Code Ann. §
										77-3-1
					 and §
										77-3-5.
These rules incorporate procedures governing the Public
					 Utilities Staff, which is a state agency independent of the Public Service
					 Commission. Miss. Code Ann. §
										77-2-9
					 provides, in part, that it shall be the duty of the Executive Director to
					 "formulate written policies and procedures for the effective and efficient
					 operation thereof." Since the duties and responsibilities of the Public
					 Utilities Staff are an integral part of the utility regulatory process,
					 appropriate procedures applicable to the Public Utilities Staff are necessarily
					 incorporated herein, upon recommendation by the Executive Director, to achieve
					 cohesive and complete Rules of Practice and Procedure.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 1 - Applicability, Repealer and Other General Provisions › Rule 39-1-1 › Section 39-1-1-101 - Statutory Terms Control

Current through June 25, 2024
Specific statutory provisions which govern the Commission
					 or the Staff which are in conflict with any of the rules herein shall continue
					 to be applied to all proceedings of the Commission or Staff to the extent of
					 such conflict only.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 1 - Applicability, Repealer and Other General Provisions › Rule 39-1-1 › Section 39-1-1-102 - Liberal Construction/Deviations From Rules

Current through June 25, 2024
These rules will be liberally construed to secure just,
					 speedy and economical determination of all issues presented to the Commission.
					 Unless prohibited by statute, the Commission may for good cause shown, permit
					 deviation from these rules when it finds compliance with them is impractical,
					 unnecessary, unreasonably burdensome, impossible or not in the public
					 interest.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 1 - Applicability, Repealer and Other General Provisions › Rule 39-1-1 › Section 39-1-1-103 - Waiver of Rights

Current through June 25, 2024
Except to the extent precluded by applicable law, a person
					 may expressly waive any right conferred upon that person by any rule
					 herein.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 1 - Applicability, Repealer and Other General Provisions › Rule 39-1-1 › Section 39-1-1-104 - Effective Date

Current through June 25, 2024
These rules shall apply to all proceedings filed on or
					 after October 17, 2005.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 1 - Applicability, Repealer and Other General Provisions › Rule 39-1-1 › Section 39-1-1-105 - Prior Rules

Current through June 25, 2024
All prior rules of this Commission in conflict herewith are
					 repealed to the extent of such conflict.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 1 - Applicability, Repealer and Other General Provisions › Rule 39-1-1 › Section 39-1-1-106 - Severability

Current through June 25, 2024
These rules are fully severable so as to provide that
					 should any rule or rules, or any section or paragraph of any rule, be declared
					 unlawful by any court of competent jurisdiction, then, in that event, the
					 remaining rules shall continue to be in force and in effect and shall not be
					 suspended, nullified or affected by such determination of
					 unlawfulness.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 1 - Applicability, Repealer and Other General Provisions › Rule 39-1-1 › Section 39-1-1-107 - Citation

Current through June 25, 2024
In documents submitted to the Commission or issued by the
					 Commission, these rules may be cited as RP. For example, Rule 6 may be cited as
					 RP 6.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 1 - Applicability, Repealer and Other General Provisions › Rule 39-1-1 › Section 39-1-1-108 - Amendment of Rules

Current through June 25, 2024
These rules may be amended, supplemented or repealed at any
					 time by the Commission subject to the provisions of Miss. Code Ann. §
										77-3-45;
					 §
										25-43-1.101
					 et seq; §
										25-43-2.101
					 et seq; and 25-43-3.101 et seq.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-100 - "The Act"

Current through June 25, 2024
"The Act"
refers to Title 77,
					 Chapter 3 of the Mississippi Code, as amended. Definitions contained therein
					 are hereby incorporated into these Rules of Practice and
					 Procedure.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-101 - "Appearance"

Current through June 25, 2024
"Appearance"
means any act during
					 the course of a proceeding by which a person, either in person or by counsel,
					 recognizes and submits to the jurisdiction of the Commission for all purposes
					 except where it is expressly stated to be limited to a particular purpose, such
					 as challenging the jurisdiction of the Commission.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-103 - "Certificate"

Current through June 25, 2024
"Certificate"
means an Initial or
					 Supplemental Certificate of Public Convenience and Necessity or Facilities
					 Certificate, as the case may be, issued by the Commission.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-106 - "Commission Staff"

Current through June 25, 2024
"Commission Staff"
refers to
					 those individuals employed by the Commission pursuant to Miss. Code Ann. §
										77-3-8.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-109 - "Declaratory Opinion"

Current through June 25, 2024
"Declaratory Opinion"
means an
					 opinion rendered in accordance with the provisions of Miss. Code Ann. §
										25-43-2.103.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-110 - "Electronic Document"

Current through June 25, 2024
"Electronic Document"
means any
					 document created in digital format on a computer, in a format compatible with
					 software in use by the Commission, and transmitted to the Commission via floppy
					 disks, cd-rom, e-mail, facsimile or other electronic means implemented by the
					 Commission.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-113 - "Filing Utility"

Current through June 25, 2024
"Filing Utility"
means the public
					 utility making a filing with the Commission through its Executive Secretary to
					 initiate a proceeding.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-114 - "Filing"

Current through June 25, 2024
"Filing"
means any notice,
					 application, formal request, formal complaint, petition or any other type of
					 document filed with the Commission through its Executive
					 Secretary.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-115 - "Interested Persons"

Current through June 25, 2024
"Interested Persons"
means any
					 persons entitled to notice of Commission proceedings as follows:
1. In any proceeding filed by a utility other
				  than a telecommunications utility, any person (a) presently holding a
				  certificate authorizing it to provide utility service of the same type as that
				  authorized, or proposed to be authorized, for the filing utility, and (b) which
				  presently holds a certificate for the same type of utility service for a
				  service area, any part of which lies within one mile of the area certificated,
				  or proposed to be certificated to the filing utility; or (c) where known to the
				  Petitioner, any person or entity currently providing utility service of the
				  same type in the proposed area regardless of whether a Certificate has been
				  issued by the Commission;
2. In any
				  proceeding filed by a provider of telecommunications services, all other
				  certificated providers offering the same type of telecommunications services,
				  as entered into the utility database maintained by the Executive Secretary of
				  the Commission;
3. In proceedings
				  filed by non-utilities or proceedings initiated by the Commission or the Staff,
				  any person having a substantial interest in the subject matter of the
				  proceeding or whose rights and liabilities may be materially affected
				  thereby;
4. In addition to the
				  above, in the context of any rate proceeding filed under the provisions of RP 9
				  (Notice Filings), any person who was a party of record in the last proceeding
				  in which a major change in rates was sought by the filing utility.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-116 - "Order"

Current through June 25, 2024
"Order"
means a Commission action
					 of particular applicability that determines the legal rights, duties,
					 privileges, immunities or other legal interests of one or more specific
					 persons. The term does not include a declaratory opinion.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-117 - "Party"

Current through June 25, 2024
"Party"
is:
1. The filing utility, petitioner,
				  complainant or applicant;
2. The
				  Public Utilities Staff in its capacity as a party;
3. Persons allowed to become an intervenor by
				  Commission order;
4. Persons made a
				  party by service of process upon them; and
5. The respondent.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-118 - "Person"

Current through June 25, 2024
"Person"
means an individual,
					 partnership, corporation, association, utility, body politic, water authority,
					 receiver, governmental subdivision or unit thereof, or public or private
					 organization or entity of any character, and includes another state and/or
					 federal agency.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-120 - "Provision of Law"

Current through June 25, 2024
"Provision of Law"
or
"Law"
means the whole or a part of the federal or
					 state Constitution, or of any federal or state (i) statute, (ii) case law or
					 common law, (iii) rule of court, (iv), rule or order of an administrative
					 agency or (v) executive order.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-121 - "Public Witness"

Current through June 25, 2024
"Public Witness"
means a person
					 not a party and not called by a party to testify at a
					 hearing.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-122 - "Respondent"

Current through June 25, 2024
"Respondent"
means a person
					 against whom relief is sought, against whom a complaint is initiated or against
					 whom action by the Commission is directed.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-124 - "Service" or "Served"

Current through June 25, 2024
"Service"
or
"Served"
is defined in Miss. Code Ann. §
										25-43-1.106
					 and is discussed in RP 6 of these rules.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-126 - "Staff"

Current through June 25, 2024
"Staff"
means the Public
					 Utilities Staff created pursuant to Miss. Code Ann. §
										77-2-1
					 et seq.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-127 - "Transcript"

Current through June 25, 2024
"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 Commission has provided for the reliable and accessible preservation of the
					 proceeding.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - Definitions › Rule 39-1-2 › Section 39-1-2-131 - "Written"

Current through June 25, 2024
"Written"
includes printed,
					 handwritten, typewritten, electronic e-mail document, fax document or any other
					 intentional reduction to readable form.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 3 - Organizational Description › Rule 39-1-3 › Section 39-1-3-100 - General

Current through June 25, 2024
This rule is adopted in compliance with the Mississippi
					 Administrative Procedures Law. (Miss. Code Ann. §
										25-43-1.101
					 et seq; 25-43-2.101 et seq; and 25-43-3.101 et seq).
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 3 - Organizational Description › Rule 39-1-3 › Section 39-1-3-101 - Commission Organization

Current through June 25, 2024
The Commission consists of a three-member panel, one to be
					 elected from each of the three (3) Supreme Court districts. The Commission
					 exercises exclusive original jurisdiction over the intrastate business and
					 property of public utilities, subject to and in accordance with the Act. The
					 Commission employs an Executive Secretary, attorney, administrative and
					 investigative staff.
The Commission provides a thorough and efficient regulatory
					 process that is fair, open, encourages public participation, and anticipates
					 the demands of an evolving regulatory environment.
The Commission is located in downtown Jackson, Mississippi,
					 at 501 N. West Street, Suite 201A, with access from I-55. Upon entering the
					 building, please see the receptionist or guard to sign in and obtain a
					 visitor's pass. The Commission's hearing room is located on the First floor and
					 the public records room or the office of the Executive Secretary is located on
					 the Second floor. Parking, including special needs parking, is available upon
					 entering the parking garage.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 3 - Organizational Description › Rule 39-1-3 › Section 39-1-3-102 - Commission Duties

Current through June 25, 2024
The functions of the Commission are regulatory and
					 quasi-judicial in nature. The Commission may conduct investigations and make
					 determinations, hold such hearings, prescribe such rules and issue such orders
					 with respect to the control and conduct of the utilities coming within its
					 jurisdiction. The Commission may adjudicate all proceedings brought before it
					 in which the violation of any law or rule administered by the Commission is
					 alleged. The Commission is charged by law with the duty and authority to
					 regulate the rates and services of certain public utilities. These public
					 utilities, as defined by the Act, include persons and corporations providing
					 electricity, natural and/or artificial gas, water, sewer and telephone services
					 to or for the public for compensation. The Commission does not provide these
					 services directly but regulates persons and entities who do provide the
					 services. This regulatory authority may be generally described as falling into
					 the following areas:
1.
Certificates of Public Convenience and Necessity
The Commission decides questions relating to the granting,
					 revocation, sale, transfer, merger, assignment, leasing or cancellation of
					 certificates.
2.
Rate Proceedings
The Commission determines the lawful rates and other
					 authorized charges to be collected by any non-exempt public utility for the
					 rendition of services specified in Miss. Code Ann. §
											77-3-3.
					 This ratemaking authority does not extend to rates charged for the sale or
					 leasing of appliances by public utilities or their non-regulated or
					 non-jurisdictional activities.
3.
Service Obligations
The Commission promulgates rules and regulations governing
					 the manner and terms by which public utilities provide services to the public
					 pursuant to their certificate.
4.
General Oversight
The Commission exercises general oversight authority over
					 all regulated phases of public utility operations for the purpose of promoting
					 the public interest consistent with the goals of the Act. The Commission has
					 additional responsibilities concerning the regulation and oversight of gas
					 pipeline safety, but these functions are handled under separate rules and
					 regulations.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 3 - Organizational Description › Rule 39-1-3 › Section 39-1-3-103 - Staff Organization

Current through June 25, 2024
The Staff, created pursuant to Miss. Code Ann. §
										77-2-1,
					 et seq., is completely separate and independent from the Commission. The Staff
					 is under the operational and administrative control of the Executive Director.
					 The Staff consists of professionals in the areas of engineering,
					 administration, economics and planning, finance, accounting, and law;
					 supportive technical personnel, consisting of rate analysts, inspectors and
					 statisticians; and supportive clerical personnel as authorized and appropriated
					 by the Legislature.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 3 - Organizational Description › Rule 39-1-3 › Section 39-1-3-104 - Staff Duties

Current through June 25, 2024
The Staff represents the broad interests of the State of
					 Mississippi by balancing the respective concerns of the residential,
					 commercial, or industrial ratepayers, and the State and its agencies and
					 departments, and the public utilities. The primary function of the Staff is
					 investigative and advisory in nature. The employees of the Staff shall perform
					 such duties as are assigned to them by the Executive Director.
The Staff, by and through the Executive Director reviews,
					 investigates and recommends action to the Public Service Commission regarding,
					 among other things: the reasonableness of proposed rates including automatic
					 adjustment clauses; the service furnished by any public utility; certification
					 matters; transfers, mergers, consolidations and combination of public
					 utilities; contracts of public utilities with affiliates or subsidiaries;
					 special contracts; regulations, rules and transactions; miscellaneous filings;
					 and all other types of filings with the Commission.
The Executive Director of the Staff, utilizing the
					 resources of its Staff, furnishes to the Commission, information and reports or
					 conducts investigations and provides such other assistance as may be required
					 in order to enforce the laws providing for the regulation of public
					 utilities.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 3 - Organizational Description › Rule 39-1-3 › Section 39-1-3-105 - Public Access Information

Current through June 25, 2024
The public may obtain information or make submissions or
					 requests to the Commission by contacting:
MISSISSIPPI PUBLIC SERVICE COMMISSION
Executive Secretary
Second Floor
Woolfolk State Office Building
Post Office Box 1174
Jackson, MS 39215-1174
Telephone: (601) 961-5432
Facsimile: (601) 961-5448
E-mail address: efile.psc@psc.state.ms.us
Street address: 501 N. West Street
Suite 201A
Jackson, MS 39201
The public may obtain information or make requests to the
					 Staff by contacting:
PUBLIC UTILITIES STAFF
Executive Director
Third Floor
Woolfolk State Office Building
Post Office Box 1174
Jackson, MS 39215-1174
Telephone: (601) 961-5493
Facsimile: (601) 961-5804
E-mail address: efile.mpus@psc.state.ms.us
Street address: 501 N. West Street
Suite 301B
Jackson, MS 39201
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 5 - Offices of the Commission and the Staff Docket and Other Meetings › Rule 39-1-5 › Section 39-1-5-100 - Office of the Commission Office Hours - Fax Number Mailing - Electronic and Street Address

Current through June 25, 2024
The principal office of the Commission is on the Second
					 Floor of the Woolfolk State Office Building in Jackson, Mississippi. This
					 office is open on business days excluding holidays, from 8:00 a.m. to 5:00 p.m.
					 The mailing address, telephone number, facsimile number and e-mail address of
					 the Commission are:
MISSISSIPPI PUBLIC SERVICE COMMISSION
Executive Secretary
Woolfolk State Office Building, Suite 201A
Post Office Box 1174
Jackson, MS 39215-1174
Telephone: (601) 961-5432
Facsimile: (601) 961-5448
E-mail address: efile.psc@psc.state.ms.us
Street address: 501 N. West Street
Suite 201A Jackson, Mississippi 39201
All documents filed in all proceedings must be filed with
					 the Commission at one of these addresses. The Commission's electronic address
					 for its Internet homepage is
www.psc.state.ms.us.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 5 - Offices of the Commission and the Staff Docket and Other Meetings › Rule 39-1-5 › Section 39-1-5-101 - Public Access Computers

Current through June 25, 2024
The Commission maintains a computer which may be used by
					 the public during the Commission's normal hours of operations and is located on
					 the Second Floor of the Woolfolk State Office Building, 501 N. West Street,
					 Suite 201A, unless information is confidential and otherwise exempt from public
					 disclosure pursuant to applicable law.
The Staff maintains a computer accessible for public use
					 during normal business hours for the retrieval of documents filed with the
					 Commission or served upon the Staff and the paper copies of data requests and
					 responses may be inspected and copied at the Office of the Staff unless
					 information is confidential and otherwise exempt from public disclosure
					 pursuant to applicable law. This computer is located on the Third Floor of the
					 Woolfolk State Office Building, 501 N. West Street, Suite
					 301B.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 5 - Offices of the Commission and the Staff Docket and Other Meetings › Rule 39-1-5 › Section 39-1-5-102 - Office of the Staff Office Hours - Fax Number Mailing - Electronic & Street Address

Current through June 25, 2024
The office of the Staff is located on the Third Floor of
					 the Woolfolk State Office Building in Jackson, Mississippi, and will be open on
					 business days excluding holidays from 8:00 a.m. to 5:00 p.m. The mailing
					 address, telephone number, facsimile number and e-mail address for the Staff
					 are:
PUBLIC UTILITIES STAFF and PUBLIC RECORDS
EXECUTIVE DIRECTOR COMPLIANCE OFFICER
Telephone: (601) 961-5493 Telephone: (601) 961-5489
Woolfolk State Office Building
Suite 301B
Post Office Box 1174
Jackson, MS 39215-1174
Facsimile: (601) 961-5804
E-mail address: efile.mpus@psc.state.ms.us
Street address: 501 N.West Street
Suite 301B
Jackson, Mississippi 39201
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 5 - Offices of the Commission and the Staff Docket and Other Meetings › Rule 39-1-5 › Section 39-1-5-103 - Commission's Executive Secretary

Current through June 25, 2024
The Executive Secretary is the custodian of all public
					 files, orders, minutes, dockets and other records of the Commission and may
					 certify copies of papers, documents, records or minutes for purposes of appeal
					 and other official matters. The Executive Secretary is responsible for service
					 of all orders, notices, summonses of the Commission and of all complaints filed
					 with the Commission. All written communications and documents that are intended
					 to be part of an official Commission record (other than a hearing record) must
					 be filed with the Executive Secretary. Information concerning proceedings
					 before the Commission and its docket or the status of any matter before the
					 Commission is available from the Office of the Executive Secretary. The
					 Executive Secretary also performs other duties as directed by the Commission
					 and as described in Miss. Code Ann. §
										77-1-15.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 5 - Offices of the Commission and the Staff Docket and Other Meetings › Rule 39-1-5 › Section 39-1-5-104 - Regular Meetings

Current through June 25, 2024
The Commission will hold regular meetings on the first
					 Tuesday of each month where the Commission reviews pending cases on its docket.
					 However, the Commission may, in its discretion, change the day of such
					 meetings. These meetings are required to be held in Jackson, Mississippi, but
					 may be recessed when desirable to any point within the State. Any regular
					 meeting, not exceeding two in any year, may be pretermitted.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 5 - Offices of the Commission and the Staff Docket and Other Meetings › Rule 39-1-5 › Section 39-1-5-106 - Special Meetings

Current through June 25, 2024
Special meetings for the holding of hearings or for other
					 purposes shall be held at such times and places within the State as the
					 Commission shall, from time to time, fix and determine.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 5 - Offices of the Commission and the Staff Docket and Other Meetings › Rule 39-1-5 › Section 39-1-5-108 - Meetings Public

Current through June 25, 2024
All meetings and hearings of the Commission shall be open
					 to the public with the exception of executive sessions held in conformity with
					 the provisions of the Mississippi Open Meetings Law, Miss. Code Ann. §
										25-41-1
					 et seq.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 5 - Offices of the Commission and the Staff Docket and Other Meetings › Rule 39-1-5 › Section 39-1-5-109 - Ex Parte Communications

Current through June 25, 2024
Ex Parte Communications are governed by Miss. Code Ann.
					 §
										77-2-13.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-100 - Case Identity/Docket

Current through June 25, 2024
Each matter coming before the Commission on a formal basis
					 shall be known as a case, shall receive a Docket number and a concise title
					 that is descriptive of the subject matter and shall be docketed accordingly.
					 Thereafter, all papers filed with respect thereto shall bear such title and
					 number and be likewise noted on the Public Utilities Docket.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-101 - Utility Identification Number/Rejection of Filing/Required Paper Copies

Current through June 25, 2024
Each utility subject to the jurisdiction of the Commission
					 shall be assigned an identification number upon receipt of a Certificate of
					 Public Convenience and Necessity. This identification number, after
					 certification, must be provided on the first page of all petitions, pleadings,
					 correspondence and other documents filed with the Commission.
The Executive Secretary may reject any filing made by a
					 utility which does not list the identification number of a public utility upon
					 notice of rejection to the filing utility. The Executive Secretary, upon
					 accepting a filing which conforms to these rules, enters a stamped filed date
					 on the first page of each document which designates the official filing date of
					 the document. The Executive Secretary shall assign a docket number at that
					 time. However, the electronic filing of a case with the Executive Secretary
					 will not result in the publication and noticing of a proceeding until the
					 requisite number of paper copies are received by the Executive
					 Secretary.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-103 - Combining Methods of Transmittal

Current through June 25, 2024
A party may use different methods of transmittal of
					 documents within a case. Generally, there is no restriction on a choice of
					 filing documents or serving documents, except that maps and engineering plans
					 and specifications may not be faxed or e-mailed due to the oversized nature of
					 these documents. See the user's guide on transmittals of documents by
					 facsimile.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-104 - Signature Required

Current through June 25, 2024
1.
Who Must
				  Sign
All filings and data responses shall be verified. Every
					 petition, motion or other document of a party represented by an attorney except
					 for prefiled testimony, shall be signed by at least one attorney of record in
					 that attorney's individual name, whose mailing address, facsimile number and
					 e-mail address shall be stated. A party who is not represented by an attorney
					 shall sign and verify that party's petition, motion or other document and state
					 the party's mailing address, facsimile number and e-mail address, if available.
					 The signature of an attorney or other person constitutes a certificate that
					 they have read the document; that to the best of their knowledge, information
					 and belief there is good ground to support it, and that it is not interposed
					 for delay. The signature of an attorney who is not regularly admitted to
					 practice in Mississippi, except on a verified application for admission pro hac
					 vice, shall further constitute a certificate by the attorney that the foreign
					 attorney has been admitted in the case in accordance with the requirements and
					 limitations of Rule 46(b) of the Mississippi Rules of Appellate
					 Procedure.
2.
Sanctions
If a petition is not signed, it may be rejected for filing
					 with proper notification provided to the sender. All other documents which are
					 not signed may be stricken from the record. Also, if a filing, motion or other
					 document is not signed or is signed with intent to defeat the purposes of these
					 rules, it may be stricken as sham and false and the proceedings may continue as
					 though the filing, motion or other document had not been served. For willful
					 violation of these rules, an attorney may be subjected to appropriate
					 disciplinary action. Similar action may be taken if scandalous or indecent
					 matter is inserted.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-105 - Specifications for Filing of Documents

Current through June 25, 2024
All documents and accompanying exhibits filed with the
					 Commission or furnished to the Staff shall be legible and handwritten, printed,
					 typewritten or furnished via electronic means, including by e-mail or
					 facsimile. All documents shall be submitted on white eight and one-half inches
					 by 11 inch (8½ x 11) paper with one and one-half inch left margins. The
					 top margin on the first page of each document shall be no less than two and
					 one-half inches. Right side margins shall be not less than one-half inch. All
					 pages shall be consecutively numbered. Font size shall be no less than 10
					 point. All papers and exhibits shall be prepared on only one side of the paper.
					 Maps, plans and specifications shall be filed to original
					 scale.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - General Rules › Rule 39-1-6 › Section 39-1-6-106 - Number of Maps, Plans and Specifications

Current through June 25, 2024
When a Mississippi Department of Transportation map is
					 required by these rules to be filed, the original and two (2) copies of the
					 map, of original scale, shall be filed with the Executive Secretary of the
					 Commission. The original and one (1) copy of all other oversized maps, plans
					 and specifications, of original scale, shall be filed with the Executive
					 Secretary of the Commission. The Executive Secretary of the Commission shall
					 forward one (1) copy of each to the Executive Director of the
					 Staff