reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.23 - Disbursement of Funds

Current through June 25, 2024
All funds awarded must be spent for improvements within the
				  scope of the original project description as stated in the grant application.
				  Additionally, all funds will flow through the local municipality.
A. MDA will release MMSIGF program proceeds
				for services rendered, on a reimbursement basis, for approved eligible costs
				incurred for the project.
B. Local
				municipalities will have two (2) years from the date of the agreement to
				request reimbursement for MMSIGF funds. Failure to implement and complete the
				project within that time frame may result in the agreement being voided and
				funds de-obligated
Miss. Code Ann.
				  §
										57-1-601
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.24 - Requests for Cash

Current through June 25, 2024
MMSIGF funds are requested by using the MDA provided Request
				  for Cash form. The Request for Cash form provides the necessary information
				  about the recipient, project, and budget, along with the required signatures to
				  authorize the request. The costs reported must be equal to the amount requested
				  and disbursed including any matching funds. Signatures on both forms are
				  required in order to process the request.
Miss. Code Ann.
				  §
										57-1-601
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.25 - Authorized Signatory Letter Requirement

Current through June 25, 2024
An Authorized Signatory Letter must be sent no later than
				  with the first Request for Cash and at any time there is a change in
				  administration. The Authorized Signatory Letter will advise CID of the
				  authorized signatories for the MMSIGF project.
Miss. Code Ann.
				  §
										57-1-601
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.26 - Address to Submit Completed Requests for Cash

Current through June 25, 2024
Completed requests for cash must be submitted to:
The Mississippi Development Authority
Community Incentives Division
Post Office Box 849
Jackson, Mississippi 39205-0849
Miss. Code Ann.
				  §
										57-1-601
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.27 - Authorized Signatory Letter Requirement

Current through June 25, 2024
An Authorized Signatory Letter must be sent no later than
				  with the first Request for Cash and at any time there is a change in
				  administration. The Authorized Signatory Letter will advise CSD of the
				  authorized signatories for the MMSIRLF project.
HB 1729 Section 23, 2016 Regular Session.
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.27 - Address to Submit Completed Requests for Cash

Current through June 25, 2024
Completed requests for cash must be submitted to: The
				  Mississippi Development Authority; Community Services Division; Post Office Box
				  849; Jackson, Mississippi 39205-0849
HB 1729 Section 23, 2016 Regular Session.
Miss. Code Ann.
				  §
										57-1-601
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.27 - Submissions Must be Complete and Accurate

Current through June 25, 2024
All forms submitted must be accurately completed or the
				  request cannot be processed and will be returned to the recipient. Forms
				  submitted with errors will delay the process and greatly impact the turnaround
				  time for funds being released because all information must be verified and
				  approved for payment prior to submission to DFA. According to State Statute, 45
				  days is allowed for the processing of cash requests. If after the
				  45th day payment has not been received, please
				  contact the Program Manager to check on the status of your
				  request.
Miss. Code Ann.
				  §
										57-1-601
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.28 - Requests Submitted at End of Fiscal Year

Current through June 25, 2024
Requests for Cash overlapping the State's fiscal year (June
				  30th) or the sub-recipient's fiscal year must be
				  separated into two separate requests.
Miss. Code Ann.
				  §
										57-1-601
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.30 - Matching Funds

Current through June 25, 2024
Matching Funds must be expended at a proportionate rate with
				  MMSIGF Funds and recorded on the Request for Cash.
Miss. Code Ann.
				  §
										57-1-601
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.31 - Contract Modifications

Current through June 25, 2024
The Community Incentives Division requires all MMSIGF
				  recipients to receive approval prior to making contract amendments,
				  modifications or extensions. MMSIGF recipients must submit correspondence and
				  documentation associated with the request, signed under the original signature
				  of the chief elected official or appointed executive officer, supporting the
				  need for the change(s) or extension.
Miss. Code Ann.
				  §
										57-1-601
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.33 - Limitations on Use of Excess Funds

Current through June 25, 2024
No approved applicant will be allowed to use excess funds to
				  pay for project costs not accounted for in the original project description
				  (outside the original application and approved scope of work). Additionally, if
				  the recipients complete their project for less than the amount awarded, the
				  excess funds can be requested for additional project work as long as there is
				  no change from the scope of the original project.
Miss. Code Ann.
				  §
										57-1-601
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.34 - Grant Closeout

Current through June 25, 2024
Once all funds have been disbursed or construction of
				  project activities are complete, the local municipality should submit a
				  completed close-out package to CID. Close-out packages should be checked for
				  accuracy prior to submission to CID. Incorrect and/or incomplete close-out
				  packages will be returned for corrections and will significantly delay the
				  closing of the grant.
Miss. Code Ann.
				  §
										57-1-601
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.35 - File Maintenance

Current through June 25, 2024
Maintaining an efficient filing system is critical to the
				  administration and monitoring of your project. A successful monitoring
				  experience hinges on the quality with which the local municipality maintains
				  its filing system and the ease of obtaining information from those
				  files.
Miss. Code Ann.
				  §
										57-1-601
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.36 - Establishment of a File System

Current through June 25, 2024
When establishing a file system, local municipalities should
				  consider using two categories to set up their files: grant files and project
				  files. The grant files should contain documentation and information that relate
				  to the overall funding and administration of your project. The project files
				  should contain specific documentation and information pertaining to the MMSIGF
				  project and should be maintained for a minimum of five (5) years from grant
				  closeout or for the period required as specified by governing
				  regulations.
Miss. Code Ann.
				  §
										57-1-601
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.37 - Audit

Current through June 25, 2024
Funds provided under the MMSIGF Program are subject to audit
				  and/or monitoring by the MDA, Office of the State Auditor, or other appropriate
				  agency such as, Department of Environmental Quality, and/or Department of
				  Health, etc.
Miss. Code Ann.
				  §
										57-1-601
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.38 - Establishment of a File System

Current through June 25, 2024
When establishing a file system, local sponsors should
				  consider using two categories to set up their files, loan files, and project
				  files. The loan files should contain documentation and information that relate
				  to the overall funding and administration of your project. The project files
				  should contain specific documentation and information pertaining to the MMSIRLF
				  project and should be maintained for a minimum of five (5) years from loan
				  closeout or for the period required as specified by governing
				  regulations.
HB 1729 Section 23, 2016 Regular Session.
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 12 - Mississippi Main Street Investment Grant Fund › Rule 6-4-12.39 - Audit

Current through June 25, 2024
Funds provided under the MMSIRLF Loan Program are subject to
				  audit and/or monitoring by the MDA, Office of the State Auditor, or other
				  appropriate agency such as, Department of Environmental Quality, and/or
				  Department of Health, etc.
HB 1729 Section 23, 2016 Regular Session.
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.1 - Program Objective

Current through June 25, 2024
A. The Mississippi Main Street Revitalization
				Grant Program Act (MMSRGP) administered by the Mississippi Development
				Authority (MDA), is designed for making grants available to selected Main
				Street Designated Community programs to finance projects that will develop land
				use strategies and conduct activities that facilitate the conservation of
				Mississippi's historic, cultural, natural, and scenic resources.
B. The MMSRGP Act is authorized under Senate
				Bill 2359, 2023 Regular Legislative Session (the "Act"). Funding for grants to
				eligible applicants is derived from appropriations or funds otherwise made
				available by the State Legislature.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.2 - Eligible Recipient

Current through June 25, 2024
Eligible recipients include a Main Street Designated
				  Community that is a good-standing member of the MMSA (Mississippi Main Street
				  Association), has obtained Section 501(c)(3) tax-exempt status or Section
				  501(c)(6) tax-exempt status from the Internal Revenue Service and possesses
				  matching funds to match twenty percent (20%) of the total project cost.
A Main Street Designated Community will be ineligible under
				  this program if their community was a recipient of a Main Street Revitalization
				  Grant in the previous year.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.3 - Eligible Projects

Current through June 25, 2024
The intent of the Act is to make grants available to selected
				  Main Street Designated Community programs for projects that will lead to the
				  revitalization of Mississippi's downtowns. Eligible costs for the expenditure
				  of grant funds include the acquisition of land and any improvements thereon,
				  preservation of historic downtown structures and sites, and initiatives that
				  will produce a revitalization to the economy of the historic downtown
				  areas.
Projects must have the potential to generate increased
				  economic activity in the region. The MMSA will consider projects in relation to
				  the following criteria:
A. The
				demonstration of local financial need;
B. Projects that demonstrate high local
				impact;
C. Projects that produce a
				high level of public benefit;
D.
				Projects that demonstrate best practices in preservation;
E. Projects that will have local
				administration and implementation capacity;
F. The distribution of geographic size and
				location of the project;
G.
				Projects that will be completed on time; and
H. Whether the community in which the project
				is located has not received funding under this section for the previous
				year.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.4 - Approval Process for Grants

Current through June 25, 2024
The MMSA shall accept applications from eligible recipients,
				  prioritize their applications and submit a list of suggested recipients to the
				  Legislature no later than December of each year. The Legislature will review
				  and determine the projects for which to award grants to the selected eligible
				  recipients through the MDA in an appropriation bill.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.5 - Match Requirements

Current through June 25, 2024
The Mississippi Development Authority will provide grant
				  funds to the Main Street Designated Communities on a reimbursement basis, not
				  to exceed Five Hundred Thousand Dollars ($500,000.00) per community each year.
				  Grantees shall not receive compensation for their required twenty percent (20%)
				  local match. Main Street Designated Communities with a population greater than
				  ten thousand (10,000) will be required to have a local cash match of twenty
				  percent (20%). Main Street Designated Communities with a population of less
				  than ten thousand (10,000), will be required to have a local cash match of ten
				  percent (10%) for the first One Hundred Thousand Dollars ($100,000.00)
				  requested, then will be required to have a local cash match of twenty percent
				  (20%) for any amount over One Hundred Thousand Dollars ($100,000.00).
Matching Funds must be expended at a proportionate rate with
				  grant funds and recorded on the Request for Cash.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.6 - Mississippi Employment Protection Act

Current through June 25, 2024
All grant recipients entering into grant agreements with the
				  Mississippi Development Authority must represent and warrant that they will
				  ensure compliance with the Mississippi Employment Protection Act and will
				  register and participate in the E-Verify System, the federal employment status
				  verification system, of all newly hired employees.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.7 - Repayment of Funds

Current through June 25, 2024
Grant Agreements require repayment of funds by grantees if
				  the grant was based upon fraudulent information provided by the applicant or
				  the applicant fails to meet performance metric requirements as described in the
				  grant agreement.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.8 - Eligible Costs

Current through June 25, 2024
Grants may be awarded for prospective purchases or for
				  acquisitions of which the applicant has closed. In the latter case, the
				  applicant shall demonstrate:
A. The
				closing occurred no more than twelve (12) months prior to the date of
				application for the grant; and
B.
				The subject purchase was made to help preserve and revitalize the location and
				economy of a historic downtown community.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.9 - Application Requirements

Current through June 25, 2024
The application must be submitted by deadlines and procedures
				  established by MMSA and include the following:
A. The name, address, and contact information
				of the applicant and the benefiting entity, if different;
B. A detailed description of the project and
				a narrative explaining how the project relates to the statutory priorities of
				the Act;
C. Current employment
				levels at the project site and an estimated increase, if any, as a result of
				the project (if applicable);
D. A
				description of the applicant's investment in the project and all public and/or
				private sources of funding that have been secured and that will be utilized
				exclusively for the project;
E.
				Cost estimate: a cost estimate must be submitted by an engineer, architect, or
				appropriate official;
F. Timeline
				for implementation and completion of the project;
G. Budget sheet;
H. Project Maps and/or Construction Drawings,
				if applicable;
I. Executed copy of
				the local unit of government's resolution of authorization to apply for grant
				funds (if the applicant is a public entity);
J. Executed copy of the local unit of
				government's resolution committing matching funds to the project (if the
				applicant is a public entity);
K.
				Documentation of additional funds, if applicable (all matching funds must be
				committed and in place with documentation at the time of
				application);
L. Supporting
				documentation, such as pictures, company commitment letters, letters of support
				from stakeholders, etc., if applicable;
M. Proof that E-Verification systems are in
				place, if applicable;
N. Proof of
				Secretary of State Status, if applicable.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.10 - Audit

Current through June 25, 2024
Funds provided are subject to audit and/or monitoring by the
				  MDA, Office of the State Auditor, or other appropriate
				  agency.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.11 - Implementation and Financing

Current through June 25, 2024
Grantees must adhere to Mississippi state procedures and
				  guidelines relating to the implementation and financing of the approved
				  project. Grantees must also submit any and all audit and financial statements
				  as required by the State of Mississippi.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.12 - Minority and Women Owned Business Enterprises

Current through June 25, 2024
MDA encourages the maximum opportunity for increased
				  participation by minority and women-owned business enterprises in the
				  procurement of goods and services. MDA's Minority Business Division and the
				  Mississippi Procurement Technical Center can assist with minority and
				  women-owned business enterprise outreach efforts. See
www.mmbr.org
or
www.mscpc.com
for more
				  information.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.13 - Disbursement of Funds

Current through June 25, 2024
All funds awarded must be spent for improvements within the
				  scope of the original project description as stated in the grant
				  application.
Grant funds are requested by using the MDA provided Request
				  for Cash form. The Request for Cash form provides the necessary information
				  about the recipient, project, and budget, along with the required signatures to
				  authorize the request. The costs reported must be equal to the amount requested
				  and disbursed including any matching funds. Signatures are required in order to
				  process the request.
All forms submitted must be accurately completed or the
				  request cannot be processed and will be returned to the recipient. Forms
				  submitted with errors will delay the process and greatly impact the turnaround
				  time for funds being released because all information must be verified and
				  approved for payment prior to submission to DFA. According to State Statute, 45
				  days is allowed for the processing of cash requests. If after the 45th day
				  payment has not been received, please contact the Program Manager to check on
				  the status of your request.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.14 - Grant Agreement Modifications

Current through June 25, 2024
MDA requires all grant recipients to receive approval prior
				  to making contract amendments, modifications, or extensions. Grant recipients
				  must submit correspondence and documentation associated with the request,
				  signed under the original signature of the chief elected official or appointed
				  executive officer, supporting the need for the change(s) or
				  extension.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.16 - Authorized Signatory Letter Requirement

Current through June 25, 2024
An Authorized Signatory Letter must be sent no later than
				  with the first Request for Cash. The Authorized Signatory Letter will advise
				  MDA of the authorized signatories for the project.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.17 - Close Out Process

Current through June 25, 2024
Once all funds have been disbursed or project activities are
				  complete, the grantee should submit a completed close-out package to MDA.
				  Close-out packages should be checked for accuracy prior to submission to MDA.
				  Incorrect and/or incomplete close-out packages will be returned for corrections
				  and will significantly delay the closing of the grant.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.18 - File Maintenance

Current through June 25, 2024
Maintaining an efficient filing system is critical to the
				  administration and monitoring of your project. A successful monitoring
				  experience hinges on the quality with which the grantee maintains its filing
				  system and the ease of obtaining information from those files.
When establishing a file system, grantees should consider
				  using two categories to set up their files: grant files and project files. The
				  grant files should contain documentation and information that relate to the
				  overall funding and administration of your project. The project files should
				  contain specific documentation and information pertaining to the project and
				  should be maintained for a minimum of five (5) years from grant closeout or for
				  the period required as specified by governing regulations.
Senate Bill
				  2359, 2023 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 4 - Community Services › Chapter 13 - Mississippi Main Street Revitalization Grant Program › Rule 6-4-13.19 - Waiver

Current through June 25, 2024
These guidelines may be amended by MDA at any time. MDA, at
				  its discretion, may temporarily waive any requirement of the guidelines to the
				  extent that the result of such waiver is to promote the public purpose of the
				  Act and is not prohibited by State Law.
Program Contacts.
With questions or to
				  request more information regarding the Mississippi Main Street Revitalization
				  Grant Program Act, contact:
Mississippi Development Authority
Community Incentives Division
P.O. Box 849
Jackson, Mississippi 39205
601.359.3619
Senate Bill
				  2359, 2023 Regular Legislative Session Program
				  Contacts.
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.1 - Policy

Current through June 25, 2024
In order to protect the public trust and interest imposed
				  upon the Mississippi Development Authority (MDA), it is the policy of the
				  agency to conduct business only with responsible persons. However, when it
				  appears that a subgrantee's and/or its agent, agents, and/or any entity's
				  conduct, as determined by the agency, creates a reasonable belief that a
				  particular act or omission, which would be covered by this policy, has
				  occurred, MDA shall implement discretionary actions known as debarment and
				  suspension. Debarment and suspension are serious actions which shall be used
				  only in the public interest and for the agency and the State Of Mississippi's
				  protection and not for purposes of punishment. MDA may impose debarment or
				  suspensions for causes and in accordance with the procedures set forth
				  herein.
Miss. Code Ann. §
										57-5-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.2 - Coverage

Current through June 25, 2024
This policy shall apply to all subgrantees, and/or its
				  agent, agents, and/or anyone or any entity acting on behalf of a subgrantee,
				  who have participated in, or are presently participating in MDA programs. For
				  purposes of these regulations, transactions will be subdivided into (1) primary
				  transactions, i.e., any transaction between MDA and the subgrantee, and/or its
				  agent, agents, and/or anyone/any entity acting on behalf of a subgrantee,
				  regardless of type, or (2) lower tier transactions, i.e., transactions between
				  subgrantee, and/or its agent, agents, and/or anyone or any entity acting on
				  behalf of a subgrantee, and another, regardless of type, under a primary
				  transaction. When more than one agency has an interest in the proposed
				  debarment or suspension of a person or entity, consideration shall be given to
				  designating one agency as the lead agency for making the
				  decision.
Miss. Code Ann. §
										57-5-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.3 - Effect of Action

Current through June 25, 2024
Except to the extent prohibited by law, subgrantee's, and/or
				  its agent, agents and/or anyone , or any entity who are debarred or suspended
				  shall be excluded from primary transactions and lower tier transactions for the
				  period of their debarment or suspension.
Miss. Code Ann. §
										57-5-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.4 - Debarment

Current through June 25, 2024
The MDA Executive Director, as the debarring official, or
				  his designee, after consultation with the appropriate Division Director, may
				  debar a subgrantee, and/or its agent, agents, and/or anyone or any entity
				  acting on subgrantee's behalf for any causes noted herein. However, the
				  existence of a cause for debarment does not necessarily require that the
				  subject be debarred. The seriousness of the person's acts or omissions and any
				  mitigating factors shall be considered in making any debarment decision.
				  Debarment means, for the purpose of the MDA, an action taken by an agency in
				  accordance with these rules to exclude the subject from participating in a
				  covered transaction.
Miss. Code Ann. §
										57-5-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.5 - Causes for Debarment

Current through June 25, 2024
Debarment may be imposed for:
A. Conviction of or civil judgment for:
(i). Commission of fraud or a criminal
				offense in connection with obtaining, attempting to obtain, or performing a
				public or private agreement or transaction;
(ii). Violation of Federal or State antitrust
				statutes, including those prescribing price fixing between competitors,
				allocation of customers between competitors, and bid rigging;
(iii). Commission of embezzlement, theft,
				forgery, bribery, falsification or destruction of records, making false
				statements, receiving stolen property, making false claims, or obstruction of
				justice; or
(iv). Commission of any
				other offense indicating a lack of business integrity or business honesty that
				seriously and directly affects the present responsibility of a
				person.
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.6 - Procedures

Current through June 25, 2024
MDA shall process debarment actions as informally as
				  practicable, consistent with the principles of fundamental fairness using the
				  procedures in Rules
				  1.7 through 1.11.
A. Information concerning the existence of a
				cause for debarment from any source shall be promptly reported, investigated,
				and referred, when appropriate, to the debarring official for consideration.
				After consideration, the debarring official, MDA's Executive Director, or his
				designee, may issue a notice of proposed debarment.
B. MDA shall establish an administrative file
				upon receipt of any information concerning a possible cause for debarment or
				suspension. This administrative file is the property of MDA and not subject to
				review by the public.
Miss. Code Ann. §
										57-5-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.7 - Notice of Proposed Debarment

Current through June 25, 2024
A debarment proceeding shall be initiated by written notice,
				  through certified mail, to the respondent advising:
A. That debarment is being
				considered;
B. Of the reasons for
				the proposed debarment in terms sufficient to put the respondent on notice of
				the conduct or transaction(s) upon which it is based;
C. Of the causes relied upon under Rule 1. 5
				"Causes for Debarment" above;
D. Of
				the opportunity and procedures to contest the proposed debarment and a final
				adverse decision; and
E. Of the
				potential effect of a debarment
Miss. Code Ann. §
										57-5-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.8 - Opportunity to Contest Proposed Debarment

Current through June 25, 2024
Within 30 days after receipt of the notice of proposed
				  debarment, the respondent may submit, personally or through a legal
				  representative, in writing, information and arguments in opposition to the
				  proposed debarment.
A. Agency
				Proceeding As to Disputed Material Facts
(i).
				In actions not based upon a conviction or civil judgment, if the debarring
				official finds the respondent's submission in opposition raises a genuine
				dispute over facts material to the proposed debarment, respondent(s) shall be
				afforded an opportunity to appear before the debarring official with a
				representative, submit written documentary evidence in the form of paper
				documents and sworn affidavits. MDA will accept sworn affidavits from
				respondent's witnesses.
(ii). A
				transcribed record of the Agency Proceeding may be made by the respondent, at
				their own cost, provided they have received the prior written approval of the
				debarring official.
(iii).
				Technical rules of evidence shall be relaxed during Agency
				Proceedings.
(iv). Respondent must
				obtain prior written approval of the debarment official regarding the use of a
				court reporter at least two weeks prior to the Agency Proceeding.
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.9 - Debarring Official's Decision

Current through June 25, 2024
A. No Agency
				Proceeding Necessary. In actions based upon a conviction or civil judgment, or
				in which there is no genuine dispute over material facts, the debarring
				official shall make a decision on the basis of all the information in the
				administrative record, including any submissions made by the respondent. The
				decision shall be made within 30 days after receipt of any information and
				argument submitted by the respondent, unless the debarring official extends
				this period for good cause.
B.
				Agency Proceeding Necessary
(i). In actions in
				which an Agency Proceeding is necessary to determine disputed material facts,
				written findings of fact shall be prepared. The debarring official shall base
				the decision on the facts as found, together with any information and argument
				submitted by the respondent and any other information in the administrative
				record.
(ii). The debarring
				official's decision shall be made after the conclusion of the Agency Proceeding
				and careful consideration of all information provided by the parties involved
				with respect to disputed facts.
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.10 - Period of Debarment

Current through June 25, 2024
A. Debarment shall
				be for a period of time commensurate with the seriousness of the cause(s). If a
				suspension precedes a debarment, the suspension period shall be considered in
				determining the debarment period.
B. The debarring official may extend an
				existing debarment for an additional period, if that official determines that
				an extension is necessary to protect the public interest.
C. Debarment for causes set forth in Rule
				1.5(a)(4) through Rule
				1.5(c)(3) generally
				should not exceed three (3) years. Where circumstances warrant, a longer period
				of debarment may be imposed.
D.
				Debarment for cause set forth in Rule
				1.5(a)(1), (2) and (3) 
				generally shall not exceed seven (7) years.
E. The debarring official may extend an
				existing debarment for an additional period, if that official determines that
				an extension is necessary to protect the public interest. However, a debarment
				may not be extended solely on the basis of the facts and the circumstances upon
				which the initial debarment action was based. If debarment for an additional
				period is determined to be necessary, the procedures set forth at Rule 5.7
				"Notice of Proposed Debarment" shall be followed to extend the
				debarment.
F. The respondent may
				request the debarring official reverse the debarment decision or to reduce the
				period or scope of debarment. Such a request shall be in writing and supported
				by documentation. The debarring official may grant such a request for reasons
				including, but not limited to:
(i). Newly
				discovered material evidence;
(ii).
				Reversal of the conviction or civil judgment upon which the debarment was
				based;
(iii). Bonafide change in
				ownership or management;
(iv).
				Elimination of other causes for which the debarment was imposed; Or,
(v). Other reasons the debarring official
				deems appropriate.
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.11 - Scope of Debarment

Current through June 25, 2024
A. Debarment of a
				person under these regulations constitutes debarment of all its divisions and
				other organizational elements from all covered transactions, unless the
				debarment decision is limited by its terms to one or more specifically
				identified individuals, divisions or other organizational elements or to
				specific types of transactions.
B.
				The debarment action may include any affiliate of the participant that is
				specifically named and given notice of the proposed debarment and an
				opportunity to respond as set forth at Rule
				1.7.
C. The fraudulent, criminal or other
				seriously improper conduct of one participant in a joint venture, grant
				pursuant to a joint application, or similar arrangement may be imputed to other
				participants if the conduct occurred for or on behalf of the joint venture,
				grant pursuant to a joint application, or similar arrangement or with the
				knowledge, approval, or acquiescence of these participants. Acceptance of the
				benefits derived from the conduct shall be evidence of such knowledge, approval
				or acquiescence.
D. Persons
				debarred will be placed on MDA's Debarment List.
Miss. Code Ann. §
										57-5-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.12 - Suspension

Current through June 25, 2024
Suspension is a serious action to be imposed only when there
				  exists adequate evidence of one or more of the causes set out in Rule
				  1.5 "Causes For Debarment", and
				  immediate action is necessary to protect the public interest. For purposes of
				  this agency, suspension is an action taken by MDA in accordance with the
				  following regulations that immediately excludes a subgrantee and/or its agent,
				  agents, and/or anyone/any entity from participating in transactions for a
				  temporary period, pending investigation and such legal action, debarment, or
				  other proceedings as may ensue.
A. In
				assessing the adequacy of the evidence, the agency should consider how much
				information is available, how credible it is given the circumstances, whether
				or not important allegations are corroborated, and what inferences can
				reasonably be drawn as a result. This assessment should include an examination
				of basic documents such as grants, cooperative agreements, loan authorizations
				and contracts.
Miss. Code Ann. §
										57-5-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.13 - Causes for Suspension

Current through June 25, 2024
Suspension may be imposed upon adequate evidence to suspect
				  the commission of a debarment offense as listed in Rule
				  1.5 "Causes for Debarment". Indictment,
				  conviction of a criminal misdemeanor or felony, or a civil judgment in a matter
				  which has a direct bearing upon a person persistent responsibility and capacity
				  to perform the contract or service in question, alone shall constitute adequate
				  evidence for purposes of suspension actions.
Miss. Code Ann. §
										57-5-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.14 - Procedures For Investigation and Referral

Current through June 25, 2024
Information concerning the existence of a cause for
				  suspension from any source shall be promptly reported, investigated, and
				  referred, when appropriate, to the suspending official for consideration. After
				  consideration, the suspending official may issue a Notice of Suspension. MDA
				  shall process suspension actions as informally as practicable, consistent with
				  principles of fundamental fairness, using the procedures in Rule 1.15 "Notice
				  of Suspension".
Miss. Code Ann. §
										57-5-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.15 - Notice of Suspension

Current through June 25, 2024
When a respondent is suspended, written notice, by certified
				  mail, shall be immediately given:
A.
				That suspension has been imposed;
B. That the suspension is based on an
				indictment, conviction, or other adequate evidence that the respondent has
				committed irregularities seriously reflecting on the propriety of further
				agency dealings with the respondent;
C. Describing any such irregularities in
				terms sufficient to put the respondent on notice without disclosing the
				agency's evidence;
D. Of the
				cause(s) relied upon as set forth in Rule
				1.5 "Causes For Debarment;
E. Of the effect of the suspension.
Miss. Code Ann. §
										57-5-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.16 - Suspending Official's Decision

Current through June 25, 2024
The suspending official may modify or terminate the
				  suspension for reasons as set forth at Rule 1.10(f) or may leave it in force.
				  However, a decision to modify or terminate the suspension shall be without
				  prejudice, to the subsequent imposition of debarment.
Miss. Code Ann. §
										57-5-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.17 - Period of Suspension

Current through June 25, 2024
Suspension shall be for a temporary period pending the
				  completion of an investigation or ensuing legal action, or debarment. If legal,
				  administrative or debarment proceedings are not initiated within 12 months
				  after the date of the suspension notice, the suspension shall be terminated,
				  unless the Executive Director determines that this time should be extended. The
				  suspension may be extended for six (6) months. In no event may a suspension
				  extend beyond 18 months, unless debarment proceedings have been initiated
				  during that period.
Miss. Code Ann. §
										57-5-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.18 - Scope of Suspension

Current through June 25, 2024
The scope of a suspension is the same as the scope of a
				  debarment (see Rule 1.11 ), except that the procedures of Rule 1.13 through
				  Rule 1.17 shall be used in imposing a suspension.
Miss. Code Ann. §
										57-5-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 1 - Debarment and Suspension Policy › Rule 6-5-1.19 - Settlement and Voluntary Exclusion

Current through June 25, 2024
When it is in the best interest of the agency, MDA may, at
				  any time, settle a debarment or suspension action. If a participant and MD A
				  agree to a voluntary exclusion of the participant, such voluntary exclusion
				  shall be entered on the Debarment List.
Miss. Code Ann. §
										57-5-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 2 - Rule-Making Oral Proceedings › Rule 6-5-2.1 - Application of Chapter

Current through June 25, 2024
This chapter applies to all oral proceedings held for the
				  purpose of providing the public with an opportunity to make oral presentations
				  or written input on proposed new rules, amendments to rules, and proposed
				  repeal of existing rules before the pursuant to the Administrative Procedures
				  Act.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 2 - Rule-Making Oral Proceedings › Rule 6-5-2.2 - Request for Oral Proceeding

Current through June 25, 2024
When a political subdivision, an agency, or a citizen
				  requests an oral proceeding in regards to a proposed rule adoption, the
				  requestor must submit a printed, typewritten, or legibly handwritten
				  request.
A. Each request must be
				submitted on 8-1/2" x 11" white paper.
B. The request may be in the form of a letter
				addressed to the MDA.
C. Each
				request must include the full name, telephone numbers, and mailing address of
				the requestor(s).
D. All requests
				shall be signed by the person filing the request, unless represented by an
				attorney, in which case the attorney may sign the request.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 2 - Rule-Making Oral Proceedings › Rule 6-5-2.3 - Notice of Oral Proceeding

Current through June 25, 2024
Notice of the date, time, and place of all oral proceedings
				  shall be filed with the Secretary of State's Office for publication in the
				  Administrative Bulletin. The agency providing the notice shall provide notice
				  of oral proceedings to each requestor. The oral proceedings will be scheduled
				  no earlier than twenty (20) days from the filing of the notice with the
				  Secretary of State. The Agency Head, or designee who is familiar with the
				  substance of the proposed rule, shall preside at the oral proceeding on a
				  proposed rule.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).