reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 28 - Divisions of Community Services › Chapter 8 - Program Compliance › Rule 18-28-8.9 - Monitoring and Audit

Current through June 25, 2024
The Mississippi Department of Human Services (MDHS) is
				  required to monitor the activities of its subgrantees by following the Single
				  Audit Act Amendments of 1996, the Office of Management and Budget (OMB)
				  Circular A-133, Audits of States, Local Governments, and Non-Profit
				  Organizations, and the OMB Circular A-133 Compliance Supplement. MDHS shall
				  monitor each project, program, subgrant, function, or activity supported by a
				  Federal award to assure compliance with applicable Federal regulations and that
				  performance goals are achieved.
A.
				Monitoring
1) The Department of Health and
				Human Services (DHHS) requires States to conduct on-site monitoring of LIHEAP
				subgrantee's once every three (3) years. MDHS elects to conduct an annual
				monitoring visit to ensure compliance with applicable Federal and State
				regulations, policies, and procedures.
2) MDHS has established uniform monitoring
				policies designed to ensure that all subgrants under the jurisdiction of MDHS
				are administered in compliance with Federal requirements and with the terms of
				the subgrant agreements. Monitoring subgrants, for compliance with the
				applicable Federal regulations, State laws, Agency policies, and the terms of
				the subgrant agreements, is the responsibility of the MDHS Division of
				Monitoring. Please see the -MDHS Subgrant/ Agreement Manual' found at
www.mdhs.ms.gov/subgrantee-manual/
for the complete monitoring policy.
3) Subgrant monitoring procedures may include
				several of the various options available. These options include: reviewing
				reports submitted by the subgrantee; reviewing documentation supporting
				expenses reported under MDHS subgrants; reviewing the subgrantee's single audit
				or program-specific audit results and evaluating audit findings and the
				subgrantee's corrective action plan; performing on-site reviews of fiscal and
				programmatic records and observing subgrantee operations; and/or, arranging for
				limited scope audits of specific compliance areas.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 28 - Divisions of Community Services › Chapter 8 - Program Compliance › Rule 18-28-8.10 - Fair Hearing Process

Current through June 25, 2024
A. A fair hearing
				is available for any applicant or recipient upon written request. A fair
				hearing provides an opportunity for a more formal review by the subgrantee's
				Board of Directors concerning the point(s) of dissatisfaction. If the applicant
				or recipient is still dissatisfied from said Boards' decision, the decision may
				be appealed to the Division of Administrative Hearings.
B. Basis for a Fair Hearing
1) Applicant(s) or recipient(s) shall be
				provided a copy of the -Fair Hearing Process' during each application or
				recertification. Upon denial of services, a copy of the -Fair Hearing Process'
				will be mailed with the denial letter to the applicant. A copy of the process
				will also be clearly posted in all subgrantee office locations.
2) The basis for a fair hearing is listed
				below:
a. An applicant or recipient whose
				application or recertification concerning eligibility assistance was
				denied;
b. An applicant or recipient
				whose claims for assistance are not acted upon reasonable promptness;
				or
c. Any other adverse action that
				detrimentally effects the applicant or recipient by the subgrantee and/or
				agency
3) Some issues are
				not subject to fair hearings, in which includes but not limited to, a
				subgrantee failing to have enough funds for the county that the applicant
				resides in. In this case, said subgrantee should refer applicant(s) to other
				social service providers, or use non-federal funds if available. If a county
				runs out of funds before the end of the program year, said subgrantee must
				maintain a list of applicants who could not be served. These applicants must
				receive priority when scheduling appointments at the start of the new program
				year or if additional funds are awarded.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 29 - Division of Youth Services - Office of Community Services Policy Manual › Chapter 1 - General Overview › Rule 18-29-1.1 - Authority and Purpose

Current through June 25, 2024
A. The Mississippi
				Department of Human Services (MDHS), Division of Youth Services (DYS) shall
				administer probation, aftercare services and institutional programs for
				juveniles who have been adjudged delinquent in Mississippi Youth Courts or are
				at risk of becoming delinquent.
B.
				The Division of Youth Services is responsible for the proper supervision or
				return of juveniles, delinquents and status offenders who are on probation or
				parole and who have absconded, escaped or run away from supervision and control
				and in so doing have endangered their own safety and the safety of
				others.
Miss. Code Ann. §
										43-27-20, Miss. Code Ann. §
										43-25-101,
				  34 U.S.C. §§
											11131-11133
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 29 - Division of Youth Services - Office of Community Services Policy Manual › Chapter 1 - General Overview › Rule 18-29-1.2 - Youth Services Contact Information

Current through June 25, 2024
Address:
Mississippi Department of Human Services
Division of Youth Services
200 S. Lamar Street
P. O. Box 352
Jackson, MS 39201
Phone:
1-866-312-7215
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 29 - Division of Youth Services - Office of Community Services Policy Manual › Chapter 3 - Case Management Applications › Rule 18-29-3.1 - Youth Services Specialist Files

Current through June 25, 2024
The Mississippi Department of Human Services, Division of
				  Youth Services, Youth Services Specialists will establish files for every youth
				  on his/her caseload. The use and content of all Youth Services Specialist files
				  shall include:
A. The youth's right to
				privacy,
B. Secure placement and
				preservation and
C. Ensure
				confidentiality mandated by law.
Miss. Code Ann.
				  §
										43-21-259
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 29 - Division of Youth Services - Office of Community Services Policy Manual › Chapter 3 - Case Management Applications › Rule 18-29-3.2 - Informal Adjustment Agreement

Current through June 25, 2024
Any juvenile who has entered an Informal Adjustment Agreement
				  shall be supervised by a Youth Services Specialist for a period of up to six
				  (6) months.
Miss. Code Ann.
				  §
										43-21-405
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 29 - Division of Youth Services - Office of Community Services Policy Manual › Chapter 3 - Case Management Applications › Rule 18-29-3.3 - Formal Probation

Current through June 25, 2024
A. Any juvenile
				adjudicated "delinquent" or a "child in need of supervision" (CHINS) and is
				placed on probation status will be supervised by a Youth Services Specialist
				for a period of time specified by a Youth Court Judge or Referee.
B. Any youth adjudicated "delinquent" or a
				"child in need of supervision" along with his or her parent(s) or guardian(s),
				will enter into a probation contract with the Mississippi Department of Human
				Services, Division of Youth Services, regardless of reporting guidelines.
				Supervision and monitoring of youth placed on unsupervised or non-reporting
				probation is not required.
Miss. Code Ann.
				  §
										43-21-605
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 29 - Division of Youth Services - Office of Community Services Policy Manual › Chapter 3 - Case Management Applications › Rule 18-29-3.4 - Adolescent Team (A-Team)

Current through June 25, 2024
A. MDHS shall
				establish an Adolescent Team (A-Team) in each Youth Services Region.
B. The A-Team shall provide System of Care
				services for non-violent youthful offenders who have serious behavioral or
				emotional disorders.
Miss. Code Ann.
				  §
										43-14-1
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 29 - Division of Youth Services - Office of Community Services Policy Manual › Chapter 3 - Case Management Applications › Rule 18-29-3.5 - Risk/Needs Assessment

Current through June 25, 2024
A. MDHS shall use a
				validated risk/needs assessment tool.
B. An evidence-based risk/needs assessment
				will be utilized to assist in making judgments about a youth's risk for future
				general re-offending and violence and for identifying a youth's need(s) in
				order to inform case planning.
Miss. Code Ann.
				  §
										43-27-20
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 29 - Division of Youth Services - Office of Community Services Policy Manual › Chapter 3 - Case Management Applications › Rule 18-29-3.6 - Case Supervision Plan

Current through June 25, 2024
A. MDHS will
				utilize a Case Supervision Plan to encourage and support youth to comply with
				the terms of probation and parole and meet established goals during the course
				of supervision.
B. MDHS will guide
				the behavior of youth in the community using a system of graduated responses,
				including both sanctions and incentives.
1. If
				a youth violates the terms of his/her probation appropriate sanctions will
				correspond with the severity of the violation.
2. Incentives will be utilized to encourage
				and support positive behavior and attainment of short-term and long-term goals
				set forth in the youth's Case Supervision Plan.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 29 - Division of Youth Services - Office of Community Services Policy Manual › Chapter 3 - Case Management Applications › Rule 18-29-3.7 - Commitment to Oakley Campus

Current through June 25, 2024
MDHS will ensure Youth Services Specialist compile and
				  provide all documents required for admission to Oakley Youth Development
				  Center, once committed.
Miss. Code Ann.
				  §
										43-21-605
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 29 - Division of Youth Services - Office of Community Services Policy Manual › Chapter 3 - Case Management Applications › Rule 18-29-3.8 - Parole from Oakley Campus

Current through June 25, 2024
Any youth paroled from and no longer in the custody of Oakley
				  Youth Development Center will enter into a parole agreement, and be supervised
				  by a Youth Services Specialist with the Division of Youth Services, Office of
				  Community Services, for a period of at least six (6) months.
Miss. Code Ann.
				  §
										43-21-605
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 29 - Division of Youth Services - Office of Community Services Policy Manual › Chapter 3 - Case Management Applications › Rule 18-29-3.9 - Interstate Compact for Juveniles

Current through June 25, 2024
MDHS shall complete all required paperwork and monitor youth
				  that are involved with Youth Court through the Interstate Commission for
				  Juveniles, Interstate Compact for Juveniles (ICJ). Each state, to include
				  Mississippi, is a party to the ICJ. Each state shall process all referrals
				  involving youths for which services have been requested, providing the youths
				  are under Youth Court jurisdiction in the sending state, or its equivalent.
				  Receiving states shall adhere to the laws and jurisdictional guidelines of the
				  sending states in providing services for youth, not those of the receiving
				  states.
Miss. Code Ann.
				  §
										43-25-101
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 1 - Method of Operation › Rule 18-201-1.1 - Scope

Current through June 25, 2024
These rules are promulgated pursuant to the Mississippi code
				  of Administrative Procedures Law contained in the Mississippi Code of 1972 as
				  amended.
Miss. Code Ann. §
										25-43-2.104.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 1 - Method of Operation › Rule 18-201-1.2 - Composition and Appointment

Current through June 25, 2024
The Board shall consist of thirteen (13) members to be
				  appointed with the advice and consent of the Senate. Four (4) members shall be
				  appointed by the Governor, including a current or former food stamps recipient
				  and a single parent. Three (3) members shall be appointed by the Lieutenant
				  Governor, including a current or former college educator with expertise in
				  women's issues. Three (3) members shall be appointed by the Speaker of the
				  House of Representatives, including a health care professional knowledgeable in
				  women's issues. Three (3) members shall be appointed by the Attorney General
				  including a law professor or lawyer with expertise in women's issues. The
				  members of the Commission shall be women and/or men with recognized ability and
				  achievement who are representatives of the ethnic, geographic, socioeconomic
				  and cultural diversity of the population of this state, and who have a proven
				  record of efforts to improve the status of women. The Commission shall elect a
				  chair, vice chair and a secretary, and may also elect a treasurer from among
				  its members for terms of two (2) years each. Any member is eligible for
				  successive elections to office.
Miss. Code Ann. §
										43-59-3(3).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 1 - Method of Operation › Rule 18-201-1.3 - Elections/Responsibilities of Officers

Current through June 25, 2024
1. Officers of the
				Commission shall be Chair, Vice-Chair, Secretary/Treasurer. Officers may serve
				consecutive terms in the same office if elected. Duties of the Officers shall
				include serving on the Executive Committee and running the day-to-day
				operations of the Commission.
2.
				The Chair will preside at all meetings of the Commission and the Executive
				Committee, approve all expenditures and contracts and supervise, with the
				advice and consent of the Executive Committee, the day-to-day operations of the
				Commission. The Chair will sign all contracts. The Chair will be the Ex Officio
				member of and provide assistance to all committees.
3. The Vice-Chair will preside at all
				meetings in the absence of the Chair, serve on the Executive Committee and
				perform any other duties deemed necessary by the Chair and the Executive
				Committee.
4. The Secretary will
				keep the official record of all meetings, supervise the writing and
				distribution of minutes and meeting notices, serve on the Executive Committee
				and perform any duties appropriate to the office.
5. The Treasurer will supervise the financial
				accounts of the Commission, report to the meetings of the Commission and serve
				on the Executive Committee. The Treasurer and the Executive Committee will
				recommend an annual budget for approval by the Commission. The Treasurer will
				provide quarterly financial reports.
Miss. Code Ann. §
										43-59-3(3)&
				  §
										43-59-5(f).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 1 - Method of Operation › Rule 18-201-1.4 - Responsibilities/Authorities of Executive Committee

Current through June 25, 2024
The Executive Committee will be made up of Officers of the
				  Commission. The Commission Chair will serve as Chair of the Executive
				  Committee. The Executive Committee will meet at least quarterly, usually in
				  conjunction with the quarterly Commission meeting. The Executive Committee will
				  plan the agenda for Commission meetings. The Executive Committee will report at
				  Commission meetings, making recommendations on policies, programs, projects and
				  other business subject to approval of the Commission. Executive Committee
				  meetings may be called, with twenty-four hours notice, by the Chair or two
				  members of the Executive Committee. Public notice of the meetings must be
				  posted. A majority of the members of the Executive Committee constitute a
				  quorum for purposes of holding a meeting. The Executive Committee will be
				  responsible for the operation of the Commission's office. The Executive
				  Committee will supervise and direct other staff, interns, and
				  volunteers.
Miss. Code Ann. §
										43-59-5(f).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 1 - Method of Operation › Rule 18-201-1.5 - Official Representation on Behalf of the Commission

Current through June 25, 2024
The Chair is the official representative for the Commission.
				  The Vice-Chair or other officer may officially represent the Commission at the
				  discretion of the Chair or by consensus of the Executive Committee. Any
				  Commissioner may be authorized by the Chair or the Executive Committee to
				  officially represent the Commission at a particular function. However, the
				  Commission can only speak through its minutes, as approved by the
				  Commission.
Miss. Code Ann. §
										43-59-5
				  & §
										25-43-2.104(a).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 1 - Method of Operation › Rule 18-201-1.6 - The Attorney General's Office

Current through June 25, 2024
The Attorney's Office shall be the legal liaison to the
				  Commission and shall provide legal counsel. The Chair will submit requests for
				  legal opinions in writing.
Miss. Code Ann. §
										43-59-5(e).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 1 - Method of Operation › Rule 18-201-1.7 - Quarterly Meetings

Current through June 25, 2024
The Commission will hold four (4) quarterly meetings
				  annually. The meetings will begin at 1:30 p.m. or as soon as thereafter as
				  practicable. The Commission may vote at any time to change the date, time or
				  location of the meeting. The Chair or Executive Committee may poll members to
				  make changes for a particular meeting because of special circumstances. The
				  date, time and location of any meeting will be posted at a designated state
				  office building for public notice of such meeting. The Commission may call
				  special meetings when necessary.
Miss. Code Ann. §
										43-59-5(f).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 1 - Method of Operation › Rule 18-201-1.8 - Called Meetings

Current through June 25, 2024
The Commission, the Executive Committee or the Chair may
				  schedule a special meeting called to discuss a specific item or items of
				  business. All Commission members must be notified by mail, phone, fax or email.
				  The date, time and location of any called meeting will be posted at a
				  designated state office building for public notice of such meetings in
				  accordance with the Open Meetings Act.
Miss. Code Ann. §
										43-59-5(f).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 1 - Method of Operation › Rule 18-201-1.9 - Quorum

Current through June 25, 2024
A quorum must be present in order to take formal action on
				  any item. A printed agenda will be prepared by the Executive Committee.
				  Commissioners may request that topics be included on the agenda. Any additions
				  to the agenda must be approved by a majority of the members present. For
				  purposes of conducting the business of the Commission, seven members present
				  will constitute a quorum.
The attendance of all Commissioners is important to the work
				  of the Commission. Should any Commissioner have two consecutive absences from
				  quarterly scheduled Commission meetings, written notice will be given to that
				  Commissioner that upon a third absence the appointing authority shall be
				  notified. Should there be a third consecutive absence, a recommendation of that
				  Commissioner's removal will be made to the appointing
				  authority.
Miss. Code Ann. §
										43-59-3(4).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 1 - Method of Operation › Rule 18-201-1.10 - Committee Meetings

Current through June 25, 2024
1. Executive
				Committee meetings and standing committee meetings may be held on the day of
				the regular Commission meeting or called by the Commission Chair and/or the
				Executive Committee. Committee members shall be notified in a timely manner by
				mail, phone, fax, or email. Public notice for these meetings is
				required.
2. There shall be a
				Nominating Committee appointed by the Chair with the approval of the
				Commission. No person shall serve more than two (2) successive years on the
				Nominating Committee.
3. The
				Officers shall be elected by the members of the Commission at the April
				quarterly meeting in odd numbered years.
4. At least fourteen (14) days before the
				April meeting, the Nominating Committee shall file with the Secretary its
				nominations for Officers, and the Secretary shall notify the Commissioners of
				the nominations no less than ten (10) days prior to the April
				meeting.
5. Committees are strongly
				encouraged to conduct teleconference meetings when possible. The date and time
				of a teleconference must be posted at a designated state office building when
				public notice is required.
6. The
				Commission may appoint advisors and volunteers to lead commissions, identify
				and conduct projects and perform other needed services for the Commission
				(subject to the roles and responsibilities delineated by the
				Commission).
Miss. Code Ann. §
										43-59-5(f);
				  §
										25-41-5(2)&
				  3(a); §
										43-59-5(g).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 1 - Method of Operation › Rule 18-201-1.11 - Per Diem/Expense Reimbursements

Current through June 25, 2024
1.
				Commissioners shall be eligible for the state approved per diem for attending
				regular Commission meetings, called meetings, and committee meetings. Any other
				meeting or activity which may qualify for per diem must be authorized by the
				Commission, the Executive Committee or the Committee Chair. Expenses will be
				reimbursed by State policy and reimbursement procedures.
2. Expenses incurred by a Commissioner on
				behalf of the Commission must be submitted to the Commission Chair for
				reimbursement. Expenses should be approved by the Executive Committee, the
				Commission Chair or the Commission prior to making disbursement for such
				expenses. All expenses should be submitted to the Chair for approval within 60
				days of the time such expense is incurred. In the month of June, limits would
				be reduced to thirty days to comply with limitations imposed by end of fiscal
				year accounting procedures and requirements. No exceptions can be made. Any
				unreported expenses will be lost to the person incurring them.
Miss. Code Ann. §
										43-59-3(5);
				  §
										25-3-41
				  & §
										25-3-69.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 1 - Method of Operation › Rule 18-201-1.12 - Commission Budget Administration

Current through June 25, 2024
All legislated monies must be dispersed within the
				  guidelines of the approved Commission budget and administered according to the
				  state accounting procedures. Non-legislative monies will be appropriated and
				  dispersed according to the will of the Commission with the state guidelines.
				  The Chair will approve all expenditures within the Commission budget except as
				  otherwise noted; the Treasurer and Executive Committee may transfer funds from
				  one category to another where appropriate and necessary. The Executive
				  Committee is authorized to expend or commit remaining funds not expended or
				  committed before the end of June each year for the purpose of the
				  Commission.
Miss. Code Ann. §
										43-59-11.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 1 - Method of Operation › Rule 18-201-1.13 - Presentations At Commission Meetings

Current through June 25, 2024
Guest presentations to the Commission will be limited to ten
				  minutes or less at the discretion of the Chair or a sitting majority of the
				  membership. Guests shall address the Commission at the conclusion of the
				  regular Commission business, unless otherwise desired by the Commission. If
				  several guests request to address the Commission relative to a single issue,
				  the time allotment may be extended upon approval of members
				  present.
Miss. Code Ann. §
										25-43-2.104
				  (Rev. 2010).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 1 - Method of Operation › Rule 18-201-1.15 - Immunity

Current through June 25, 2024
Commissioners and committee members of the Commission shall
				  be immune from civil suit for any conduct arising out of the performance of
				  their official duties.
Miss. Code Ann. §
										11-46-1,
				  et. seq.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 2 - Oral Proceedings on Proposed Rules › Rule 18-201-2.1 - Scope

Current through June 25, 2024
Rule is promulgated pursuant to Miss. Code Ann. §
									25-43-3.104(2)(d)
				   of the Administrative Procedures Law,
				  applies to all oral proceedings held for the purpose of providing the public
				  with an opportunity to make oral presentations on proposed new rules and
				  amendments before the Commission under Miss. Code Ann. §
									25-43-3.104.
Miss. Code Ann. §
										25-43-3.104.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 2 - Oral Proceedings on Proposed Rules › Rule 18-201-2.2 - When Oral Proceedings will be Scheduled on Proposed Rules

Current through June 25, 2024
The Commission will conduct an oral proceeding on a proposed
				  rule or amendment if requested by a political subdivision, an agency or ten
				  (10) persons, in writing within twenty (20) days after the filing of the notice
				  of the proposed rule.
Miss. Code Ann. §
										25-43-3.104(2)(a).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 2 - Oral Proceedings on Proposed Rules › Rule 18-201-2.3 - Request Format

Current through June 25, 2024
Each request must be printed, typewritten or legible in
				  handwriting. Each request must be submitted on standard business letter-sized
				  paper (8 ½ inches by 11 inches). Requests may be in the form of a letter
				  addressed to the Commission and signed by the requestor(s).
Miss. Code Ann. §
										25-43-3.104(2)(a).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 2 - Oral Proceedings on Proposed Rules › Rule 18-201-2.4 - Notification of Oral Proceeding

Current through June 25, 2024
The date, time and place of all oral proceedings shall be
				  filed with the Secretary of State's office and mailed to each requestor. The
				  oral proceedings will be scheduled no earlier than twenty (20) days from the
				  filing of this information with the Secretary of State.
Miss. Code Ann. §
										25-43-3.104(b).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 2 - Oral Proceedings on Proposed Rules › Rule 18-201-2.5 - Presiding Officer

Current through June 25, 2024
The Chair or the Chair's designee who is familiar with the
				  substance of the proposed rule shall preside at the oral proceeding on a
				  proposed rule.
Miss Code Ann. §
										25-43-3.104(2)(c).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 2 - Oral Proceedings on Proposed Rules › Rule 18-201-2.6 - Public Presentations and Participation

Current through June 25, 2024
1. At
				an oral proceeding on a proposed rule, persons may make oral statements,
				documentary and physical submissions which may include data, views, comments or
				arguments concerning the proposed rule.
2. Persons wishing to make oral presentations
				at such a proceeding shall notify the presiding officer at least one business
				day prior to the proceeding and indicate the general subject of their
				presentations. The presiding officer in his or her discretion may allow
				individuals to participate who have not previously contacted the
				Commission.
3. At the proceeding,
				those who participate shall indicate their names and addresses, identify any
				persons or organizations they may represent and provide any other information
				relating to their participation deemed appropriate by the presiding
				officer.
4. The presiding officer
				may place time limitations on individual oral presentations when necessary to
				assure the orderly and expeditious conduct of the oral proceeding. To encourage
				joint oral presentations and to avoid repetition, additional time may be
				provided for persons whose presentations represent the views of other
				individuals as well as their own views.
5. Persons making oral presentations are
				encouraged to avoid restating matters that have already been submitted in
				writing.
6. There shall be no
				interruption of a participant who has been given the floor by the presiding
				officer, except that the presiding officer may in his or her discretion
				interrupt or end the participant's time where the orderly conduct of the
				proceeding so requires.
Miss. Code Ann. §
										25-43-3.104(2)(d).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 2 - Oral Proceedings on Proposed Rules › Rule 18-201-2.7 - Conduct of Oral Proceeding

Current through June 25, 2024
1. Presiding
				officer. The presiding officer shall have authority to conduct the proceeding
				in his or her discretion for orderly conduct. The presiding officer shall (I)
				call proceeding to order; (II) give a brief synopsis of the proposed rule, a
				statement of the statutory authority for the proposed rule, (III) call on those
				individuals who have contacted the Commission about speaking on or against the
				proposed rule, (IV) allow for rebuttal statements following all participants'
				comments (V) adjourn the proceeding.
2. Questions. The presiding officer, where
				time permits, to facilitate the exchange of information, may open the floor to
				questions or general discussion. The presiding officer may question
				participants and permit the questioning of participants by other participants
				about any matter relating to that rule-making proceeding, including any prior
				written submission made by those participants in that proceeding, but no
				participant shall be required to answer any question.
3. Physical and Documentary Submissions.
				Submissions presented by participants in an oral proceeding shall be submitted
				to the presiding officer. Such submissions become the property of the
				Commission and are subject to the Commission's public records request
				procedure.
4. Recording. The
				Commission may record oral proceedings by stenographic or electronic
				means.
Miss. Code Ann. §
										25-43-3.104(2)(d).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 3 - Declaratory Opinions › Rule 18-201-3.1 - Scope

Current through June 25, 2024
Chapter 3 is promulgated pursuant to Miss. Code Ann. Miss.
				  §
									25-43-2.103(2)
				  of the Administrative Procedure Law and is intended to set forth the
				  Commission's rules governing the form and content of requests for declaratory
				  opinions and the Commission's procedures regarding the requests as required by
				  Miss. Code Ann. Miss. §
									25-43-2.103.
				  These rules are intended to supplement and be read in conjunction with the
				  provisions of the Mississippi Administrative Procedures Law which may contain
				  additional information regarding the issuance of declaratory opinions. In the
				  event of any conflict between these rules and the Mississippi Procedures Law,
				  the latter shall govern.
Miss. Code Ann. §
										25-43-2.103(2).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 3 - Declaratory Opinions › Rule 18-201-3.2 - Persons Who May Request Declaratory Opinions

Current through June 25, 2024
Any person with a substantial interest in the subject matter
				  may request a declaratory opinion from the Commission by following the
				  specified procedures. "Substantial interest in the subject matter" means: as
				  individual, business, group or other entity that is directly affected by the
				  Commission's administration of the laws within its primary jurisdiction.
				  "Primary jurisdiction of the agency" means the agency has a constitutional or
				  statutory grant of authority in the subject matter of the
				  issue.
Miss. Code Ann. §
										25-43-2.103(1).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 3 - Declaratory Opinions › Rule 18-201-3.3 - Subjects Which May Be Addressed in Declaratory Opinions

Current through June 25, 2024
The Commission will issue declaratory opinions regarding the
				  applicability to specified facts of: (1) a statue administered or enforceable
				  by the Commission or (2) a rule promulgated by the Commission. The Commission
				  will not issue a declaratory opinion regarding a statue or rule which is
				  outside the primary jurisdiction of the agency.
Miss. Code Ann. §
										25-43-2.103.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 3 - Declaratory Opinions › Rule 18-201-3.5 - Written Requests Required

Current through June 25, 2024
Each request must be printed, typewritten or in legible
				  handwriting. Each request must be submitted on standard business letter-sized
				  paper (8 ½ inches by 11 inches). Requests may be in the form of a letter
				  addressed to the Commission.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 3 - Declaratory Opinions › Rule 18-201-3.6 - Where to Send Requests

Current through June 25, 2024
All requests must be mailed or delivered to:
The Mississippi Commission on the Status of Women
Post Office Box 1997
Ridgeland, Mississippi 39158-1997
ATTN: DECLARATORY OPINION REQUEST
The request shall clearly state that it is a request for a
				  declaratory opinion. No oral, telephone or email requests will be accepted for
				  official opinions.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 3 - Declaratory Opinions › Rule 18-201-3.7 - Name, Address and Signature of Requestor

Current through June 25, 2024
Each request must include the full name, telephone number and
				  mailing address of the requestor. All requests shall be signed by the person
				  filing the request, who shall attest that the request complies with the
				  compliments with the requirements set forth in these rules, including but not
				  limited to a full, complete and accurate statement of relevant facts and that
				  there are no related proceedings pending before any other administrative or
				  judicial tribunal.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 3 - Declaratory Opinions › Rule 18-201-3.8 - Question Presented

Current through June 25, 2024
Each request shall contain the following:
1. A clear and concise statement of all facts
				on which the opinion is requested;
2. A citation to the statue or rule at
				issue;
3. The question(s) sought to
				be answered in the opinion, stated clearly;
4. A suggested proposed opinion from the
				requestor, stating the answers desired by the petitioner and a summary of the
				reasons in support of those answers;
5. The identity of all other known persons
				involved in or impacted by the described factual situation including their
				relationship to the facts, name, mailing address and telephone number;
				and
6. A statement to show that the
				person seeking the opinion has a substantial interest in the subject
				matter.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 3 - Declaratory Opinions › Rule 18-201-3.9 - Time for Commission's Response

Current through June 25, 2024
Within forty-five (45) days after the receipt of a request
				  for declaratory opinion which complies with the requirements of these rules,
				  the Commission shall, in writing:
1.
				Issue a declaratory opinion regarding the specified statue or rule as applied
				to the specified circumstances;
2.
				Decline to issue a declaratory opinion stating the reasons for its actions;
				or
3. Agree to issue a declaratory
				opinion by a specified time but not later than ninety (90) days after receipt
				of the written request.
Miss. Code Ann. §
										25-43-2.103(3).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 3 - Declaratory Opinions › Rule 18-201-3.10 - Opinion Not Final for Sixty Days

Current through June 25, 2024
A declaratory opinion shall not become final until the
				  expiration of sixty (60) days after the issuance of the opinion. Prior to the
				  expiration of the sixty (60) days, the Commission may, in its discretion,
				  withdraw or amend the declaratory opinion for any reason which is not arbitrary
				  or capricious. Reasons for withdrawing or amending an opinion include, but are
				  not limited to a determination that the request failed to meet the requirements
				  of these rules or that the opinion issued contains a legal or factual
				  error.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 3 - Declaratory Opinions › Rule 18-201-3.11 - Notices by Commission to Third Parties

Current through June 25, 2024
The Commission may give notice to any person, agency or
				  entity that a declaratory opinion has been requested and may receive and
				  consider data, facts arguments and opinions from other persons, agencies or
				  other entities other than the requestor.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 3 - Declaratory Opinions › Rule 18-201-3.12 - Public Availability of Requests and Declaratory Opinions

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
				  shall be available for public inspection and copying in accordance with the
				  Public Records Act and the Commission's public records request procedure. All
				  declaratory opinions and requests shall be indexed by name and subject.
				  Declaratory opinions and requests which contain information which is
				  confidential or exempt from disclosure under the Mississippi Public Records Act
				  or other laws shall be exempt from this requirement and shall remain
				  confidential.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 201 - Mississippi Commission on the Status of Women's Administrative Law › Chapter 3 - Declaratory Opinions › Rule 18-201-3.13 - Effect of Declaratory Opinion

Current through June 25, 2024
The Commission will not pursue any civil, criminal or
				  administrative action against a person who is issued a declaratory opinion from
				  the Commission and who, in good faith, follows the direction of the opinion and
				  acts in accordance therewith unless a court of competent jurisdiction holds
				  that the opinion is manifestly wrong. Any declaratory opinion rendered by the
				  Commission shall be binding only on the Commission and the person to whom the
				  opinion is issued. No declaratory opinion will be used as precedent for any
				  other transaction or occurrence beyond that set forth by the requesting
				  person.
Miss. Code Ann. §
										25-43-2.103
				  (Rev. 2010).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 1 - (F&C 37-1) Prohibition of "Twisting" Insurance Products › Rule 19-1-1.01

Current through June 25, 2024
The attention of the Insurance Commission of the State of
				  Mississippi has been brought to the fact that certain individuals and other
				  loaning agencies that have insurance agencies or connections with insurance
				  agencies are, in some instances, compelling the borrower to cancel insurance
				  that he has or tenders and to take out new insurance with or through the agency
				  represented, directly or indirectly, by the lender.
After a careful examination of the complaint the Commission
				  is of the opinion that such practice is contrary to the law and an injustice to
				  the borrower in that he should be compelled to cancel his insurance or be
				  denied the right of renewing previous contracts of insurance, provided, the
				  said insurance is with a responsible company that is duly licensed to do
				  business in the State of Mississippi.
Hereafter, no banks, trust companies, loan companies,
				  building and loan associations, individuals, and other loaning agencies, that
				  have an insurance agency or connection therewith shall require, as a condition
				  precedent upon securing a loan, that the borrower shall cancel out insurance
				  and take out new insurance with the lender or with an agency with which the
				  lender is in anywise connected.
Any insurance agent, who directly or indirectly or by
				  subterfuge or artifice, aids, abets or participates in the said practice is
				  guilty of violation of this regulation and is subject to revocation of
				  license.
The acts of any loaning agencies, etc., having a direct or
				  indirect connection with an insurance agency will be deemed the act of the
				  insurance agent or agency with whom they are connected and the agent shall be
				  held strictly accountable for the act of the lender.
Any insurance company, licensed under the laws of
				  Mississippi, who accepts business from the insurance agents with knowledge or
				  under circumstances or conditions that ordinarily amounts to constructive
				  notice that such business is in violation of this said ruling shall likewise be
				  subject to the penalties prescribed by law.
All insurance companies, operating within the State of
				  Mississippi, are requested to acknowledge receipt of this ruling and to
				  immediately notify all of their agents within the State, regarding this
				  matter.
Miss. Code Ann. §
										83-5-1;
				  §
										83-5-35
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 2 - (LA&H 52-1) Package Policies; Rebates, Prohibitions, Penalty › Rule 19-1-2.01

Current through June 25, 2024
No agent shall use his or her insurance business to promote
				  any other business either directly or indirectly by including policies of
				  insurance with sales of other items, either gratis or at a reduced premium. Any
				  such related transaction shall be considered rebating and any published
				  advertisement along such lines shall be considered prima facie evidence of
				  violation of Section
				  83-3-121 of
				  Mississippi Code of 1972, Annotated, and any agent found guilty of same shall
				  at a proper hearing before the Commissioner of Insurance of the State of
				  Mississippi be called upon to show cause why his or her license should not be
				  revoked.
Miss. Code Ann. §
										83-3-121 (Rev.
				  2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 3 - (LA&H 53-1) Advertising Restrictions › Rule 19-1-3.01

Current through June 25, 2024
Within the past few months certain agents have published
				  insurance advertising that has been confusing to the general public. I,
				  therefore, feel that it is incumbent upon me as Insurance Commissioner to
				  advise all Mississippi Agents that any further misleading or confusing
				  advertising, whether intentional or otherwise, will be construed as being
				  against the interest of the insuring public, and any agent affixing his or her
				  signature to such advertising will be called upon to show cause why his or her
				  license should not be revoked.
It is further suggested that any agent or company desiring to
				  advertise, restrict such advertising to the evaluations of his own types of
				  insurance and refrain from criticizing either directly or by implication the
				  insurance sold by his or her competitor.
Miss. Code Ann. §
										83-5-1;
				  §
										83-5-35
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 4 - (LA&H 57-1) Promotion of Stock Sales with Insurance Sales › Rule 19-1-4.01

Current through June 25, 2024
Numerous complaints have reached this office recently
				  relative to agents selling or promoting stock sales along with sale of
				  insurance policies. Such a practice is in violation of Section 5639,
				  sub-section (d) of the Mississippi Code of 1942, Annotated.
Recognizing the difficulty of adequately supervising
				  insurance sales as so to prevent joint sales of stock and insurance, it is
				  hereby ordered that no insurance salesman shall be licensed at the same time as
				  a stock salesman for the same company.
Such order is believed to be in the public
				  interest.
Miss. Code Ann. §
										83-5-19
				  (Rev. 2011)