reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 7 - Declaratory Opinions › Rule 39-101-I-7.14

Current through June 25, 2024
Any declaratory opinion rendered by the Board shall be
					 binding only on the Board and the person to whom the opinion is issued. No
					 declaratory opinion will be used as precedent for any transaction or occurrence
					 beyond that set forth by the requesting person.
Miss. Code Ann.
					 §
											25-43-2.105.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 8 - Open Records › Rule 39-101-I-8.1 - Scope

Current through June 25, 2024
This Rule is adopted pursuant to the requirements of the
					 "Mississippi Public Records Act of 1983". (Miss. Code Ann.
					 25-61-1
					 et seq.) Except as provided or authorized by Miss. Code Ann.
					 25-61-9,
					 25-61-11
					 or as may be otherwise provided by law, all records of the Board are hereby
					 declared to be public property. All persons shall have the right to inspect,
					 copy or mechanically reproduce or obtain a reproduction of such documents as
					 are in the possession of the Board and in accordance with reasonable written
					 procedural rules adopted by the Board.
Miss. Code Ann.
					 §
											25-43-2.105;
					 Miss. Code Ann. §§
											25-61-1,
					 et seq.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 8 - Open Records › Rule 39-101-I-8.2 - Informal Requests

Current through June 25, 2024
It is the policy of the Board to encourage and promote
					 public participation in Board affairs and, toward that end, the Board its
					 desire and intent to promptly honor all requests for access to or copies of all
					 documents in the possession of the Board. Informal requests for information or
					 documents may be made orally or in writing to the Executive Secretary of the
					 Board and all reasonable efforts will be made to comply promptly with such
					 requests.
Informal request shall not be considered as requests made
					 under the provisions of the "Mississippi Public Records Act of
					 1983"
Miss. Code Ann.
					 §
											25-43-2.105;
					 Miss. Code Ann. §§
											25-61-1,
					 et seq.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 8 - Open Records › Rule 39-101-I-8.3 - Formal Requests

Current through June 25, 2024
A formal request for documents may be made to the Board
					 pursuant to the provisions of this rule. The Executive Secretary is designated
					 as the Public Records Compliance Officer.
(1) Form.
(a) Any individual seeking to inspect, copy
				  or mechanically reproduce or obtain a reproduction of any public record of the
				  board should make a written request, signed by themselves to be mailed or
				  hand-delivered to the Executive Secretary, Underground Facilities Damage
				  Prevention Board.
(b) The written
				  request must be typed or clearly hand printed on a letter size piece of paper
				  and shall specify in detail the public record sought. The request should
				  include, if possible, a description of the type of record, dates, title of a
				  publication, and other information which may aid in locating the record.
(c) The written request must
				  specify what the applicant proposes to do with the record, i.e., inspect, copy,
				  etc. state the date and time for the proposed activity; state the number of
				  persons scheduled to participate; and shall provide the name, address, and home
				  and office telephone number of the applicant.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 8 - Open Records › Rule 39-101-I-8.4 - Exempt Materials

Current through June 25, 2024
If the Executive Secretary determines that the records
					 requested are exempt or privileged under the law, she shall deny the request
					 and shall send the person making the request a statement of the specific
					 exemption relied upon by the Board for the denial. Such denials shall be kept
					 on file for inspection by any person for three (3) years. This file shall be
					 made available for inspection or copying or both during regular office hours to
					 any person upon written request.
Miss. Code Ann.
					 §
											25-43-2.105;
					 Miss. Code Ann. §§
											25-61-1,
					 et seq.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 9 - Open Meetings › Rule 39-101-I-9.1

Current through June 25, 2024
This rule is adopted pursuant to the Mississippi Open
					 Meetings Law, (Miss Code Ann
					 25-41-1
					 et seq.). All meetings and hearings of the Board shall be open to the general
					 public with the exception of executive sessions held in conformity with the
					 provisions of the MS Code Ann
					 25-41-7.
					 Members of the general public are welcome to attend meetings of the Board and
					 are subject to the following standards of conduct:
(1) Members of the public, who wish to
				  address the Board, are requested to register with the Secretary of the Board.
				  Organized groups must have one (1) spokesperson.
(2) Upon request, an individual or
				  spokesperson will be allowed to address the Board. Speaking time will be
				  limited to 10 minutes, but may be extended by the presiding officer. The Board
				  may, at its discretion, limit the number of people who wish to speak on any one
				  issue.
(3) When the Board votes to
				  go into Executive Session, all members of the general public must leave the
				  meeting room.
(4) Members of the
				  general public will behave in a calm, professional manner and will not attempt
				  to directly or indirectly interrupt a meeting of the Board.
(5) Any member of the general public who does
				  not comply with these rules will be asked to leave the meeting, and upon their
				  refusal will be removed from the meeting.
Miss. Code Ann.
					 §
											25-43-2.105;
					 Miss. Code Ann. §§
											25-41-1,
					 et seq.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart I - Organization, Purpose and Operation of the Board › Chapter 9 - Open Meetings › Rule 39-101-I-9.2

Current through June 25, 2024
If members of the general public require special
					 provisions accommodating a qualifying temporary or permanent disability in
					 order to attend a Board meeting, a written request identifying the disability
					 and the accommodations needed must be submitted to the Secretary prior to the
					 meeting. If said request is not submitted in advance and in a timely manner,
					 the availability of on-site accommodations is not guaranteed.
Miss. Code Ann.
					 §
											25-43-2.105;
					 Miss. Code Ann. §§
											25-41-1,
					 et seq.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 1 - Definitions › Rule 39-101-II-1.1

Current through June 25, 2024
As used within this chapter, these terms denote the
					 following:
(1) "Board", for purposes of
				  this chapter, means the Underground Facilities Damage Prevention Board created
				  by Miss. Code Ann. §
										77-13-29.
(2) "Citation" means written
				  notification from the Executive Secretary to a Respondent stating that
				  Respondent has been found in violation of Title 77, Chapter 13 of the
				  Mississippi Code, and the notification shall at a minimum include the contents
				  described in Rule T7(A).
(3)
				  "Complainant" means the party submitting a complaint that a violation has
				  occurred.
(4) "Days" means all
				  days of the week including all weekend days and holidays, unless otherwise
				  noted in these rules.
(5)
				  "Emergency" means excavation at times of emergency involving danger to life,
				  health or property or a customer service outage.
(6) "Executive Committee" means the executive
				  committee of the Board as described by Miss. Code Ann. §
										77-13-29(12).
(7) "Executive Secretary" means
				  the executive secretary of the Board.
(8) "Investigator" means the person the
				  Executive Committee designates to perform investigative duties, and could
				  include one or more of the following people: an investigator of the Pipeline
				  Safety Division, the Executive Secretary, a member of the Executive Committee,
				  or any other person designated to perform such services.
(9) "Mississippi 811" means Mississippi 811,
				  Inc.
(10) "Paper hearing" means
				  the submission and consideration of written pleadings, documentary evidence,
				  and written evidence only.
(11)
				  "Pipeline Safety Division" means the Pipeline Safety Division of the
				  Mississippi Public Service Commission.
(12) "Respondent" means the person or entity
				  that is alleged to have committed a violation.
(13) "Service" or "Served" or "Serve" is
				  defined in Miss. Code Ann. §
										25-43-1.106(2)
(14) "Show cause letter" means a letter from
				  the Executive Committee to a Respondent which includes at a minimum, the
				  contents described in Rule T7(A), and directs a Respondent to show cause why
				  Respondent should not be compelled to comply with the findings of the Executive
				  Committee.
(15) "Violation" means
				  any conduct, act, or failure to act, prohibited by Title 77, Chapter 13 of the
				  Mississippi Code.
Miss. Code Ann.
					 §
											77-13-31
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 2 - Duties of the Executive Committee › Rule 39-101-II-2.1

Current through June 25, 2024
The duties of the Executive Committee are described in
					 Title 77, Chapter 13 of the Mississippi Code and include, but are not limited
					 to the following:
(1) Conduct meetings
				  and hearings as described in Miss. Code Ann. §
										77-13-29
				  and the rules promulgated by the Board.
(2) Investigate allegations of violations in
				  accordance with the rules and procedures promulgated by the Board.
(3) Determine whether violations have
				  occurred.
(4) Dismiss those
				  complaints in which it determines a violation has not occurred.
(5) Upon finding that a violation has
				  occurred, determine and levy penalties, order training, and otherwise take
				  action as described in Miss. Code Ann. §
										77-13-27
				  and the rules promulgated by the Board.
(6) Determine whether an investigator is
				  required to investigate allegations that a violation has occurred, and inform
				  the investigator accordingly.
Miss. Code Ann.
					 §§
											77-13-27,
					 29, 31 and 33.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 2 - Duties of the Executive Committee › Rule 39-101-II-2.2

Current through June 25, 2024
The Executive Committee shall elect a chairman and vice
					 chairman to serve for one year terms.
Miss. Code Ann.
					 §§
											77-13-27,
					 29, 31 and 33.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 3 - Conflicts Of Interest by Members of the Executive Committee › Rule 39-101-II-3.1

Current through June 25, 2024
An Executive Committee member shall not participate in any
					 discussion or vote on any of the following matters:
(1) One in which the Executive Committee
				  member or the member's employer is the complainant or respondent.
(2) One in which the member reasonably
				  believes that he is unable to act impartially and independently as a result of
				  the circumstances related to an alleged violation.
Miss. Code Ann.
					 §
											77-13-29(12)
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 3 - Conflicts Of Interest by Members of the Executive Committee › Rule 39-101-II-3.2

Current through June 25, 2024
An Executive Committee member disqualified from voting on
					 a matter shall notify all members of the Executive Committee of said
					 disqualification, immediately upon discovery that a basis for disqualification
					 exists.
Miss. Code Ann.
					 §
											77-13-29(12)
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 4 - Initiation of Complaint › Rule 39-101-II-4.1

Current through June 25, 2024
Any complaint that a violation has occurred shall be made
					 as follows:
(1) By submitting within
				  sixty (60) days of when the Complainant knew or should reasonably have known of
				  an alleged violation, a completed online complaint form adopted by the Board,
				  which shall include at a minimum:
(a) the
				  name, address, telephone number, and email address of the complainant
(b) the date, location, and nature of the
				  alleged violation
(c) a description
				  of all facts and evidence supporting the complaint
(d) documentary and photographic evidence
				  supporting the complaint
(e) any
				  other information that the complaining party considers relevant
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 4 - Initiation of Complaint › Rule 39-101-II-4.2

Current through June 25, 2024
The Executive Secretary or other designee of the Executive
					 Committee shall initially review the complaint to ensure that all required
					 information has been provided, and shall within seven days following receipt of
					 a complaint, notify the complainant that the complaint has been received, and
					 of any information or documents missing from the complaint.
Miss. Code Ann.
					 §§
											77-13-31 and
					 33.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 4 - Initiation of Complaint › Rule 39-101-II-4.3

Current through June 25, 2024
The complainant shall have a duty to preserve and maintain
					 all documents and other evidence in support of the complaint, and shall produce
					 same upon request by the Board or Executive Committee.
Miss. Code Ann.
					 §§
											77-13-31 and
					 33.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 4 - Initiation of Complaint › Rule 39-101-II-4.4

Current through June 25, 2024
At any point prior to issuance of a citation or show cause
					 letter, the Complainant may notify the Executive Committee that the alleged
					 violation form is withdrawn, and the Executive Committee will dismiss the
					 matter against the Respondent.
Miss. Code Ann.
					 §§
											77-13-31 and
					 33.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 5 - Initial Action on Complaint › Rule 39-101-II-5.1

Current through June 25, 2024
Upon receipt of a submitted complaint, the Executive
					 Committee shall take the following actions:
(1) Provide notice to the Respondent advising
				  that a complaint has been made setting out the time and place of the alleged
				  violation, the identity of the Complainant, Respondent's right to file a
				  written response within fourteen (14) days, and the Respondent's right to
				  contest an adverse decision.
(2)
				  After expiration of the response deadline set forth in subsection (1) of this
				  Enforcement Rule, the executive secretary or other designee of the Executive
				  Committee shall initially review the complaint and response if one has been
				  submitted, and in the limited circumstances described in Enforcement Rule 10.2,
				  may issue a citation to the Respondent which includes the following:
(a) A description of the violation;
(b) The date and location of the
				  violation;
(c) Reference to the
				  statute or rule that is considered violated;
(d) The civil penalty that may be paid and/or
				  training completed within thirty (30) days to terminate the matter;
				  and
(e) A description of the
				  respondent's rights and obligations should he not pay the civil penalty and/or
				  complete training within thirty (30) days.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 5 - Initial Action on Complaint › Rule 39-101-II-5.2

Current through June 25, 2024
The Executive Secretary or other designee of the Executive
					 Committee may request assistance of the Committee Chairman to determine if a
					 complaint falls within the limited circumstances described in Enforcement Rule
					 10.2 prior to issuing the citation described in Enforcement Rule
					 5.1.
Miss. Code
					 Ann. §§
											77-13-27, 29 and
					 31.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 5 - Initial Action on Complaint › Rule 39-101-II-5.3

Current through June 25, 2024
If the complaint does not fall within routine violations as
					 determined by the Executive Secretary or other designee of the Executive
					 Committee under Enforcement Rule 10.2, the complaint and response if one has
					 been submitted shall be referred to the Executive Committee as a whole, which
					 may take one of the following actions:
(1) Find that a violation has occurred,
				  determine an appropriate penalty pursuant to the guidelines described in
				  Enforcement Rule 7.1, and return it to the Executive Secretary to issue a
				  citation to the respondent which includes the contents described in Enforcement
				  Rule 5.1;
(2) Find that a violation
				  has not occurred, inform the complainant accordingly, and dismiss the
				  complaint; or
(3) Find that further
				  investigation of the complaint is required, and proceed according to
				  Enforcement Rule 6.1.
Complainant shall be notified when a citation is issued to
					 Respondent pursuant to any Enforcement Rule.
Miss. Code
					 Ann. §§
											77-13-27, 29 and
					 31.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 6 - Investigations of the Complaint › Rule 39-101-II-6.1

Current through June 25, 2024
In cases in which the Executive Committee determines that
					 further investigation of a complaint is required as described in Enforcement
					 Rule 5.3(3), the Executive Committee shall do the following:
(1) Perform an investigation of the alleged
				  violations contained in the complaint. The investigation may include one or
				  more of the following:
(a) A written request
				  to the Pipeline Safety Division that an investigator from the division perform
				  an investigation of the complaint pursuant to the rules and processes adopted
				  by the Board.
(b) An investigation
				  performed by the Executive Committee or its staff.
(c) An investigation performed by a third
				  party approved by the Board.
(d) A
				  request for documents, information and/or other evidence as applicable related
				  to the complaint from Complainant or Respondent, in accordance with Miss. Code
				  Ann. §
											25-43-1.106.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 7 - Guidelines for Application of Penalties › Rule 39-101-II-7.1

Current through June 25, 2024
The Executive Committee shall determine and assess
					 penalties according to Miss. Code Ann. §
										77-13-27.
					 In determining the penalty for a violation, the Executive Committee shall
					 consider the following:
(1) The
				  Respondent's demonstrated history of one-call, design, and excavation
				  practices, including the following:
(a) The
				  number of locate requests received and responded to.
(b) The number of locates completed.
(c) The number of one calls
				  placed.
(d) The number of
				  excavations completed.
(e) The
				  number of design or development projects.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 8 - Respondent's Rights and Obligations › Rule 39-101-II-8.1

Current through June 25, 2024
In cases in which a citation or show cause letter is
					 issued to a Respondent, the Respondent may:
(1) Pay the civil penalty and/or perform the
				  ordered training and applicable costs within thirty (30) days of the citation
				  or show cause letter issuance date, and upon payment of the penalty and
				  performance of the ordered training, the matter shall be closed.
(2) Contest the citation or show cause letter
				  in writing within thirty (30) days of its issuance date, in which case, the
				  Executive Committee shall set a date to conduct a hearing of the matter, and
				  notify the Respondent and Complainant accordingly.
Miss. Code Ann.
					 77-13-27
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 8 - Respondent's Rights and Obligations › Rule 39-101-II-8.2

Current through June 25, 2024
Should the Respondent take no action in response to a
					 citation within thirty (30) days of its issuance date the Executive Committee
					 shall set a date to conduct a hearing of the matter, and notify the Respondent
					 and Complainant accordingly. The hearing described in this section may be a
					 paper hearing as defined in these rules.
Miss. Code Ann.
					 77-13-27
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 8 - Respondent's Rights and Obligations › Rule 39-101-II-8.3

Current through June 25, 2024
Should the Respondent take no action in response to the
					 show cause letter within thirty (30) days of its issuance date, the penalties
					 and findings included in the show cause letter shall become final and binding
					 upon the Respondent.
Miss. Code Ann.
					 77-13-27
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 9 - Hearings by the Executive Committee › Rule 39-101-II-9.1

Current through June 25, 2024
The Executive Committee shall conduct hearings in
					 accordance with these rules and Title 77, Chapter 13 of the Mississippi Code.
					 The following shall apply to hearings conducted by the Executive
					 Committee:
(1) The Respondent and
				  Complainant shall receive notice at least thirty (30) days prior to the
				  hearing. The notice shall specify the docket or identifying number of the
				  proceeding and a brief description of the nature of the proceedings and shall,
				  in addition, contain:
(a) A statement of the
				  date, time and place of the public hearing proposed; and/or
(b) A statement of the date by which
				  evidence, objections, protests or comments must be filed in order to be
				  considered by the Executive Committee.
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 10 - Routine Violations as Determined by the Executive Secretary › Rule 39-101-II-10.1

Current through June 25, 2024
Where upon initial review of a complaint, documents
					 submitted simultaneously therewith, written response submitted by Respondent if
					 one is submitted, and the applicable locate ticket or tickets provided by
					 Mississippi 811, the Executive Secretary or other designee of the Executive
					 Committee may issue a citation to the respondent pursuant to Enforcement Rule
					 5.1 if the Executive Secretary determines:
(1) The alleged violation falls within a
				  category of violations described in Enforcement Rule 10.2 and that a violation
				  has occurred based exclusively on information included in the submitted
				  complaint, the documents provided therewith, and the applicable locate ticket
				  or tickets provided by Mississippi 811.
Miss. Code
					 Ann. §§
											77-13-27 and
					 29
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 10 - Routine Violations as Determined by the Executive Secretary › Rule 39-101-II-10.2

Current through June 25, 2024
The Executive Secretary may issue citations without any
					 further investigation or executive committee action, for the following
					 violations:
(1) The excavation
				  complained of occurred after the expiration of the subject locate
				  ticket.
(2) The excavation
				  complained of commenced sooner than lawfully allowed.
(3) The excavator failed to make a utility
				  locate request with Mississippi 811 prior to commencement of the subject
				  excavation.
(4) The utility owner
				  or operator fails to comply with the deadlines set forth in Miss. Code Ann.
				  §
										77-13-9.
(5) The excavation occurred within the
				  tolerance zone.
Miss. Code
					 Ann. §§
											77-13-27 and
					 29
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 11 - Routine Maintenance Activities › Rule 39-101-II-11.1

Current through June 25, 2024
For an activity to be Routine Maintenance, the activity
					 must be performed consistent with the requirements of Mississippi Code
					 77-13-3(i)(vi) and therefore should:
1.
				  Be carried out by or for those responsible for publicly maintained roadways and
				  rights-of-way;
2. Occur entirely
				  within the public right of way;
3.
				  Not penetrate the earth to a depth of more than 12 inches and,
4. Shall be carried out with reasonable care
				  so as to protect any underground facilities placed in the right-of-way.
Miss. Code Ann.
					 §
											77-13-3(i)
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 11 - Routine Maintenance Activities › Rule 39-101-II-11.2

Current through June 25, 2024
The following activities, if performed in accordance with
					 Rule 11.1, shall be considered Routine Maintenance:
1. Grass and brush cutting.
2. Removing dead, dying or other trees
				  considered a hazard to the public.
3. Removing litter, trash, animal carcasses
				  and other debris.
4. Installation
				  of pavement markings.
5. Milling
				  the surface of pavements to remove defective pavement.
6. Roadway base repair requiring excavation
				  and backfill of twelve (12) inches or less.
7. Resurfacing or repairing paved
				  interstates, highways, streets, roads, or sidewalks.
8. Addition of granular material and/or light
				  machine blading of granular surfaces to maintain a roadway surface.
9. Blade away built up grass, soil, granular
				  material, etc. from shoulders to allow proper drainage away from roadway
				  surfaces.
10. Repair washes on
				  roadway shoulders and slopes to replace material that has eroded away.
11. Perform ditch blading to
				  replace material eroded away and to remove material that has silted into ditch
				  to insure proper drainage.
12.
				  Replacing traffic signs and signals in the existing hole.
13. Cleaning debris from inlets and outlets
				  of culverts and box bridges.
14.
				  Bridge repair that does not include driving additional piling.
15. Bridge approach and roadway guardrail
				  repair that does not involve adding new posts.
16. Debris and drift removal from bridges
				  over waterways.
17. Storm drain
				  inlet clean out and repair.
Miss. Code Ann.
					 §
											77-13-3(i)
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 11 - Routine Maintenance Activities › Rule 39-101-II-11.3

Current through June 25, 2024
Work that results in lowering of the elevation of the
					 roadbed, adjacent shoulder or drainage culverts or ditches, except as allowed
					 in 11.2 above, shall be considered Construction and not Routine Maintenance for
					 purposes of these rules.
Miss. Code Ann.
					 §
											77-13-3(i)
Mississippi Administrative Code › Title 39 - UTILITIES › Part 101 - Underground Facilities Damage Prevention Board Rules › Subpart II - Enforcement › Chapter 12 - Payment of Penalties › Rule 39-101-II-12.1

Current through June 25, 2024
Penalties and costs shall be paid to the Board in any
					 method adopted by the Board.
Miss. Code Ann.
					 §§
											77-13-31 and
					 35
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 1 - ORGANIZATION AND METHOD OF OPERATION OF THE MISSISSIPPI COMMISSION ON WILDLIFE, FISHERIES AND PARKS, AND THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS › Rule 40-1-1.1

Current through June 25, 2024
The following rules set forth the organization and method of
				  operation of the Mississippi Commission on Wildlife, Fisheries and Parks and
				  the Mississippi Department of Wildlife, Fisheries and Parks.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 1 - ORGANIZATION AND METHOD OF OPERATION OF THE MISSISSIPPI COMMISSION ON WILDLIFE, FISHERIES AND PARKS, AND THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS › Rule 40-1-1.2 - The Commission

Current through June 25, 2024
A. The Mississippi
				Commission on Wildlife, Fisheries and Parks is a five (5) member commission
				consisting of members appointed by the Governor, with the advice and consent of
				the Senate. Members are appointed from each of the five (5) Congressional
				districts as those Districts existed prior to the 2000 Census. Members serve
				five (5) year terms and the terms are staggered so that a commissioner rotates
				off the Commission each year.
B.
				The Commission has the general authority to enforce the wildlife, fisheries and
				natural resource conservation laws of the State of Mississippi through its
				regulatory powers. The Commission is the primary policy making entity for the
				conservation and preservation of the wildlife, fisheries and related natural
				resources of the state.
C. The
				Commission conducts its business through the holding of regular meetings. The
				number and frequency of official meetings shall be determined by the
				Commission, but shall be no less than nine (9) official and regularly-scheduled
				meetings per state fiscal year. Extraordinary and special meetings of the
				commission may be called and conducted per the provisions of the Open Meetings
				Act.
1. Meetings are open to the public and
				are conducted according to the Mississippi Open Meetings Law, and Robert's
				Rules of Order.
2. Meetings may
				consist of an educational session for the Commission to receive information and
				reports which require no Commission action, and a business session, at which
				all official acts of the Commission shall be recorded.
3. Official minutes of the business sessions
				shall be transcribed and certified, and preserved as a public record. Minutes
				are not required to be kept for an educational session other than a listing of
				the presenters and topics covered during the educational session.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 1 - ORGANIZATION AND METHOD OF OPERATION OF THE MISSISSIPPI COMMISSION ON WILDLIFE, FISHERIES AND PARKS, AND THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS › Rule 40-1-1.3 - The Department

Current through June 25, 2024
A. The Mississippi
				Department of Wildlife, Fisheries and Parks is an agency of the Executive
				Branch of Mississippi State Government. The Department is responsible for the
				enforcement of the wildlife, fisheries and natural resource conservation laws
				of the State of Mississippi and for implementing the policies and regulations
				of the Commission.
B. Organization.
1. Divisions. The Department is divided into
				two (2) macro-divisions based upon programmatic and functional differences:
a. Law Enforcement, Wildlife and Fisheries
				Division: consists of the Office of Law Enforcement, Office of Wildlife, and
				Office of Fisheries. Each Office is headed by a Chief who reports to the
				Director of Law Enforcement, Wildlife and Fisheries. The primary mission of the
				Office of Law Enforcement is to enforce the wildlife and fisheries laws,
				boating, and hunter safety laws of the state. The Office of Wildlife conducts
				research into the management of the wildlife and other natural resources of the
				state and manages the state's Wildlife Management Areas. The Office of
				Fisheries conducts research into the state's freshwater fisheries resources and
				manages the state's public fishing lakes.
b. Parks and Administrative Services
				Division: consists of all state parks and all administrative service divisions
				of the Department, including, but not limited to Accounting, Budget, Accounts
				Payable, Payroll, Property, Purchasing and Fleet Services. The Director of
				Parks and the directors of each support division report to the Executive
				Officer who is the head of the Parks and Administrative Services
				Division.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 2 - Administrative Procedures for Informal Appearances before the Commission on Wildlife, Fisheries and Parks › Rule 40-1-2.1

Current through June 25, 2024
Commission meetings are held monthly at various sites around
				  the state. Commission meetings are open to the general public and are conducted
				  pursuant to the Mississippi Open Meetings Act and related laws. For information
				  regarding the time and place of Commission meetings, please contact the
				  Mississippi Department of Wildlife, Fisheries and Parks at (601)
				  432-2400.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 2 - Administrative Procedures for Informal Appearances before the Commission on Wildlife, Fisheries and Parks › Rule 40-1-2.2

Current through June 25, 2024
Any person wishing to appear before the Commission to make an
				  oral presentation may do so by sending his or her request, in writing, to the
				  Commission, in care of the Executive Director of the Mississippi Department of
				  Wildlife, Fisheries and Parks at 1505 Eastover Drive, Jackson, Mississippi
				  39211. Requests must be received no later than ten (10) days prior to the
				  Commission meeting for the requestor to be considered to be placed on the
				  agenda. Requests should state clearly the name, address, telephone number,
				  subject matter to be addressed and an estimated length of time for the
				  presentation. Any special needs such as audio/visual equipment or other needs
				  should be addressed in the request. Requestors will be notified as soon as
				  possible after receipt of the request as to whether or not they will be placed
				  on the Commission's agenda.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 2 - Administrative Procedures for Informal Appearances before the Commission on Wildlife, Fisheries and Parks › Rule 40-1-2.3

Current through June 25, 2024
Persons attending a Commission meeting who may wish to
				  comment on a topic appearing on the agenda for that meeting may request to be
				  recognized during the "Public Comment" portion of the meeting. Such requests
				  must be made to the Chairman, immediately prior to the meeting. Such requests
				  will only be granted if time allows. Groups of persons with similar interests
				  or opinions that they wish to express to the Commission are urged to put
				  forward one (1) spokesperson for the group.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 3 - Administrative Procedures for Formal Hearings on, and Review of Commission Rules and Regulations › Rule 40-1-3.1 - Purpose

Current through June 25, 2024
The following rules shall control public hearings and
				  hearings within the jurisdiction of the of the Mississippi Commission on
				  Wildlife, Fisheries and Parks (hereinafter referred to as the "Commission")
				  and, the Mississippi Department of Wildlife, Fisheries and Park ("MDWFP"),
				  required by the Administrative Procedures Law, Section 24-43-19 of the
				  Mississippi Code of 1972, as amended.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 3 - Administrative Procedures for Formal Hearings on, and Review of Commission Rules and Regulations › Rule 40-1-3.2 - Scope of Rules

Current through June 25, 2024
These rules govern the conduct of public hearings on proposed
				  changes to existing Commission rules and regulations, and the contesting of
				  proposed rules, as well as requests for the Commission to reconsider its
				  decisions on the adoption of rules and regulations.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 3 - Administrative Procedures for Formal Hearings on, and Review of Commission Rules and Regulations › Rule 40-1-3.3 - Written Comments

Current through June 25, 2024
Written comments on proposed rules and regulations, are
				  encouraged and they may be submitted to the Executive Director of MDWFP or to
				  the individual designated in the Administrative Procedures Law Filing Notice as
				  the person to contact. If public hearings are conducted, written comments may
				  be submitted no later than ten (10) working days prior to the Commission
				  meeting, at the last public hearing, or at such other time as set forth in the
				  notice of the hearing. Written comments presented at the public hearings will
				  be included as a part of the record of the public hearing.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 3 - Administrative Procedures for Formal Hearings on, and Review of Commission Rules and Regulations › Rule 40-1-3.4 - Public Hearings

Current through June 25, 2024
For the purpose of these rules, "public hearing" means a
				  hearing that is conducted by Commission and/or MDWFP prior to the adoption of a
				  rule, regulation or action on a public notice and it does not refer to a
				  regularly scheduled Commission meeting. Public hearings shall be conducted only
				  when required by statute or when the Commission or MDWFP determines that public
				  hearings are warranted to provide additional public input prior to the adoption
				  of a rule, regulation or action on a public notice.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 3 - Administrative Procedures for Formal Hearings on, and Review of Commission Rules and Regulations › Rule 40-1-3.5 - Notice of Public Hearings

Current through June 25, 2024
If the determination is made to hold public hearings, then
				  notification to the public shall be published in a newspaper having general
				  circulation in the county or counties affected by the proposed rules,
				  regulations or public notices. The Commission or Executive Director of MDWFP
				  may order such additional publication as deemed necessary and appropriate. The
				  notice should include the reason or purpose of the hearing, references to the
				  rules and regulations involved and the date, time, and place of the hearing and
				  the deadline for submitting written comments. The notice should be published at
				  least three (3) days prior to the date of the hearing. Additional notification
				  will be provided to individuals that have personally requested notification
				  pursuant to Miss. Code Ann. § 25-43-7(i).
Miss. Code Ann.
				  §§
										25-43-2.104,
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 3 - Administrative Procedures for Formal Hearings on, and Review of Commission Rules and Regulations › Rule 40-1-3.6 - Conduct of Public Hearing

Current through June 25, 2024
A. Public hearings
				will be conducted at such times, locations and facilities selected by the
				MDWFP. Representatives of the Commission or employees of the MDWFP will preside
				over the public hearing. Prior to the commencement of the hearing, individuals
				in attendance will sign in on forms or registers provided by MDWFP. At that
				time, they will indicate whether they wish to make oral comments at the public
				hearing. Those individuals who indicate that they wish to make oral comments
				will be called on to do so before the end of the public hearing. Any individual
				called on to make oral comments may waive his election to do so. Individuals
				not indicating their election to speak at the time that they sign in at the
				hearing will not be called on to make oral comments, will not be allowed to
				"pass" their remarks until later in the hearing and will not be allowed to
				allot any unused time to another individual.
B. Comments during the hearing must address
				the subject of the hearing. Comments on matters other than the subject of the
				hearing will not be allowed and will not be part of the consideration of the
				Commission or Department on the proposed rule, regulation or public notice. The
				representative or employee of MDWFP who is selected to preside over the public
				hearing will announce before the commencement of oral comments the length of
				time each individual will be allowed to make comments. The time limit will be
				set after considering the number of individuals requesting time for oral
				comments and the total time available to conduct the entire public
				hearing.
C. The presiding
				representative or employee will make any additional orders, decisions and
				ruling which in his judgment are necessary for the orderly, fair, and efficient
				conduct of the public hearing.
D.
				Presentations on proposed rules, regulations and public notices may be allowed
				at the discretion of the Executive Director of MDWFP or the presiding
				representative of the Commission or employee of the Department.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 3 - Administrative Procedures for Formal Hearings on, and Review of Commission Rules and Regulations › Rule 40-1-3.7 - Contesting Proposed Rules

Current through June 25, 2024
Persons desiring to contest the making of any rule,
				  regulation or public notice, may do so by attending the public meetings on the
				  proposed rule, regulation or public notice, and stating there the basis of
				  their objection. Alternatively, persons opposed to proposed rules, regulations,
				  or public notices may object thereto by filing a written objection to the
				  rules, regulations, or public notices with the Commission no later than the
				  time allowed for written comments. Only persons complying with one of the two
				  methods of objecting to proposed rules, regulations or public notices will be
				  allowed to petition the Commission for reconsideration of the rule, regulation,
				  decision or public notice.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 4 - Procedures for Conducting Evidentiary Hearings › Rule 40-1-4.1 - Requesting an Evidentiary Hearing

Current through June 25, 2024
A. The following
				procedures shall govern formal hearings and requests for
				reconsideration.
B. Any person,
				firm or corporation that has a license of permit suspended or revoked may
				request an evidentiary hearing within fourteen (14) days from the date of the
				Commission action.
C. The
				Commission on Wildlife, Fisheries and Parks can order and require and
				evidentiary hearing on any matter within its jurisdiction.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  49-1-29,
				  and
				  49-4-4.