reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.22 - Responsibilities of the Building Owner

Current through June 25, 2024
(1) The building
				owner shall:
(a) obtain the services of an
				inspector registered with the department to perform inspections in accordance
				with this Regulation;
(b) keep the
				equipment free from reportable conditions;
(c) have all violations cited on an
				inspection report:
(i) corrected within
				thirty (30) calendar days of the date of inspection;
(ii) have them under contract to be corrected
				and all work completed no later than the next inspection due date; or
(iii) have an approved waiver or
				delay.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.23 - Responsibilities of the Inspector - Inspection Procedures

Current through June 25, 2024
(1) The inspector must inspect all equipment
				for compliance with the applicable ASME Safety Codes or ASCE Standards as
				adopted in this Regulation.
(2)
				Inspectors must use the currently published edition of ASME A17.2, and the
				"Guide for Inspection of Elevators, Escalators, and Moving Walks" to conduct
				inspections and witness tests for compliance with the ASME Safety Codes or ASCE
				Standards adopted in this Regulation.
(3) The inspector shall report to the
				building owner before beginning any inspections.
(4) The inspector and the building owner must
				sign and date the inspection report.
(5) The inspector shall not perform any of
				the tests.
(6) On new or altered
				equipment installations, the inspector may perform an inspection prior to the
				installation being completed. However, on these installations the department
				will only accept inspection reports for final inspections performed by the
				inspector after the installation is completed.
(7) For new installations or alterations to
				existing equipment, the inspector shall verify that approved applications and
				plans are on the site as specified in this Regulation and shall not proceed
				with the inspection without the approved application and plans.
(8) The inspector shall verify that the
				installation or alterations comply with the approved application and
				plans.
(9) New or altered units
				that fail to comply with the approved application and plans shall not be placed
				in-service without the prior written approval of the department.
(a) The inspector shall compare the
				installation to the approved application and plans.
(b) The inspector shall not allow any
				installation that deviates from the approved application and plans to be placed
				into operation without the specific written authorization of the
				department.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.24 - Responsibilities of the Inspector - Department Forms

Current through June 25, 2024
(1) The
				inspector must use current department-approved forms for reporting
				inspections.
(2) The department
				forms shall be filled out completely, and shall be used to report the
				inspections of existing equipment and final inspections of new or altered
				equipment.
(3) The inspector must
				list all violations of the technical requirements by code number and code
				edition for each unit inspected, and include a written description of the
				violation on the department form. If the technical requirements refer to
				another code, the inspector must list both code numbers and include a written
				descript of the violation.
(4) The
				inspector may not use the department equipment inspection form to report the
				results of an inspection to the owner of equipment that is exempt under this
				Regulation and for construction - use only elevators.
Miss. Code Ann.
				  §§
										45-45-13
				  (Rev. 2015); 83-5-1 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.25 - Responsibilities of the Inspector - Inspectors Equipment Decals

Current through June 25, 2024
(1) Each unit of equipment shall be
				identified with a unique identification number decal issued by the department,
				which the inspector must affix in a conspicuous place. The decal shall remain
				on the control panel for the life of the equipment.
(2) An additional department decal shall not
				be affixed to equipment that has a current department decal
				displayed.
(3) All correspondence
				and inspection reports shall reference the decal number and building ID number,
				as reflected on the certificate of compliance.
(4) If an inspector places a new decal on a
				unit of equipment to replace a lost or destroyed decal, the inspector must
				report the equipment's location, old decal number, and new decal number to the
				department within ten calendar days of placing the new decal number upon the
				equipment.
Miss. Code Ann.
				  §§
										45-45-13;
				  45-45-37 (Rev. 2015); 83-5-1 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.26 - Responsibilities of the Contractor - Compliance with Plan Review

Current through June 25, 2024
(1) The contractor shall comply with the
				requirements for plan review as set forth in this chapter.
(2) The contractor shall provide the
				inspector a copy of the approved application and plans and, upon completion of
				the inspection, leave a copy of the approved application and plans in the
				machine room, machine space, control room, or control space.
Miss. Code Ann.
				  §§
										45-45-13;
				  45-45-37 (Rev. 2015); 83-5-1 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.27 - Plan Review - Required

Current through June 25, 2024
(1) Prior to
				beginning the installation or alteration of equipment at any individual
				location, the contractor shall submit and have approved an application and
				plans describing the installation or alteration.
(2) The contractor shall submit two (2)
				copies of the plans to be reviewed to the department. These copies shall be
				submitted in a manner prescribed by the department.
Miss. Code Ann.
				  §§
										45-45-13
				  (Rev. 2015); 83-5-1 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.28 - Plan Review - New Equipment

Current through June 25, 2024
(1) A contractor
				must submit for review an application and plans for the installation of new
				equipment.
(2) To apply for a plan
				review for the installation of new equipment, a contractor must:
(a) submit a completed application on a
				department-approved form;
(b) pay
				the fee required by this Regulation; and
(c) submit layout drawings as specified in
				this Regulation for the specific type of equipment to be installed. These
				layout drawings shall also include:
(i) the
				rated speed of the equipment in feet per minute;
(ii) the rated capacity of the equipment in
				pound;
(iii) the total travel of
				the equipment in feet and inches;
(iv) elevation drawings of the hoistway,
				runway, or wellway; and
(v) plan
				drawings indicating the arrangement of the equipment in a machine room, machine
				space, control room, or control space.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.29 - Plan Review - Alteration of Existing Equipment

Current through June 25, 2024
(1) A
				contractor must submit for review an application and plans for the alteration
				of existing equipment.
(2) To apply
				for a plan review for the alteration of existing equipment, a contractor must:
(a) submit a completed application on a
				department-approved form;
(b) pay
				the fee required by this Regulation; and
(c) submit a written description of the scope
				of work, which shall include a description of each alteration to be
				performed.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.30 - Plan Review - Department Approval or Denial

Current through June 25, 2024
The Administrator shall conduct a plan review of the
				  installation of new equipment or the alteration of existing equipment and may:
(a) approve the application and plans
				as submitted;
(b) approve the
				application and plans with conditions; or
(c) deny the application and plans and will
				provide the applicant with the reasons for denial.
Miss. Code Ann.
				  §§
										45-45-13;
				  45-45-37 (Rev. 2015); 83-5-1 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.31 - Plan Review - Amendments

Current through June 25, 2024
(1) If the
				installation or alteration has already been completed, any changes to an
				approved application and plans for the installation of new equipment or the
				alteration of existing equipment must be resubmitted in accordance with this
				Regulation.
(2) If the installation
				or alteration has not been completed, a contractor may amend a previously
				approved application and plans for the installation of new equipment or the
				alteration of existing equipment.
(3) To apply for a plan of any amendments to
				a previously approved plan review under subsection (2), a contractor must:
(a) submit a completed application on a
				department-approved form;
(b) pay
				the fee require by this Regulation; and
(c) submit a written description of the scope
				of work which shall include a description of each alteration to be performed.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.32 - Complaints

Current through June 25, 2024
A person may file a complaint with the Administrator by
				  doing so in writing, setting forth a full statement of the facts concerning the
				  alleged infraction of the elevator licensing law or rules. In the event a
				  complaint is filed with the Administrator, the Administrator's investigation
				  shall not be limited to the matter set forth in the request for investigation
				  but may extend to any act coming to the attention of the Administrator which
				  appears to violate the law or these rules.
Miss. Code Ann.
				  §§
										45-45-37
				  (Rev. 2015); 83-5-1 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.33 - Initiating a Complaint against a Licensee

Current through June 25, 2024
(1) Form of
				complaint filing. A person may register a complaint against a mechanic or
				inspector licensed by the elevator Administrator by filing a written complaint
				with the Department of Labor. The written complaint must set forth, at a
				minimum, the nature, date and place of the alleged violations. The
				Administrator may also initiate a license review procedure on its own motion by
				filing a complaint with the department.
(2) Verification. Upon receipt of a
				complaint, the department will verify the license number of the person against
				whom the complaint is lodged. If the person is unlicensed and the complaint
				alleges criminal conduct, the department will refer the complaint to the office
				of the Attorney General or the Office of the District Attorney having
				jurisdiction over the case. If the person is a licensee of the Administrator,
				the department will docket the complaint and open an investigation file under
				the name and license number of the person.
Miss. Code Ann.
				  §§
										45-45-37
				  (Rev. 2015); 83-5-1 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.34 - Disciplinary Proceedings

Current through June 25, 2024
(1) The
				Administrator may revoke or suspend a license. This shall not preclude the
				Administrator from taking lesser steps, including, but not limited to formal
				reprimand, required education, civil penalty, etc. The Administrator may act if
				any one or more of the following reasons exist:
(a) Any false statement as to material matter
				in the application.
(b) Fraud,
				misrepresentation, or bribery in securing a license.
(c) Failure to notify the administrator and
				the owner or lessee of an elevator or related mechanism of any condition not in
				compliance with this chapter.
(d)
				Violation of any provisions of this chapter.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.35 - Appeal Procedures

Current through June 25, 2024
(1) Any person,
				sole proprietor, firm, or corporation whose license is revoked, suspended or
				subject to civil penalty, or whose license application is denied, may appeal
				from such determination to the Commissioner of Insurance, which shall within
				thirty (30) days thereafter, hold a hearing, of which at least fifteen (15)
				days written notice shall be given to all interested parties. The Commissioner
				shall, within thirty (30) days after such hearing, issue a decision.
(2) Any person, sole proprietor, firm or
				corporation whose license is revoked, suspended or subject to civil penalty, or
				whose license application is denied after appeal to the Commissioner, may
				appeal such determination to the Chancery Court of the First Judicial District
				of Hinds County, Mississippi, within twenty (20) days of the final
				ruling.
Miss. Code Ann.
				  §§
										45-45-17
				  (Rev. 2015); 83-5-1 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.36 - Administrative Penalties/Fines

Current through June 25, 2024
(1) In assessing
				the penalty for code violations the administrator or administrator's designee
				shall consider the seriousness of the hazard, the number of people exposed to
				the hazard whether or not the violation was corrected after notification of its
				existence, and whether the person has been disciplined for the same or similar
				violation previously. When a monetary penalty is assessed the fine shall be as
				follows:
(a) Operating equipment without an
				operating certificate.
First
							 Offense...............................
$ 250.00
Further
							 Offenses...............................
$ 500.00
(b)
				Operating Equipment in unsafe condition.
First
							 Offense...............................
$ 500.00
Further
							 Offenses...............................
1,000.00
(c)
				Owner/User not allowing free access for the purpose of inspecting or
				investigating the equipment.
First
							 Offense...............................
$ 500.00
Further
							 Offenses...............................
$1,000.00
(d)
				Placing unit back in service, which has been "Red-Tagged" and placed out of
				service by an inspector, without first having the unit pass inspection.
Any
							 Offense...............................
$1,500.00
(e)
				Turning equipment over for use without a final acceptance inspection.
Any
							 Offense...............................
$1,500.00
(f)
				Any installer who installs equipment without a permit.
Any
							 Offense...............................
$1,500.00
(g)
				Any inactive licensee that works with an expired license.
Any
							 offense...............................
up to $1,500.00
(h)
				Any other violation of adopted Code, Standards, Rules, or Regulations.
First
							 Offense...............................
$ 250.00
Further
							 Offenses...............................
$ 500.00
(i)
				Any violation of these provisions by a Building Owner.
Maximum fine per
							 violation...............................
$1,500.00
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.37 - Responsibility of Liability

Current through June 25, 2024
This Regulation shall not be construed to relieve or lessen
				  the responsibility or liability of any person, firm, or corporation owning,
				  operating, controlling, maintaining, erecting, constructing, installing,
				  altering, inspecting, testing, or repairing any elevator or other related
				  mechanism covered by this chapter for damages to person or property caused by
				  any defect therein, nor does the state assume any such liability or
				  responsibility therefor or any liability to any person for whatsoever reason by
				  the enactment of this Regulation or any acts or omissions arising
				  hereunder.
Miss. Code Ann.
				  §§
										45-45-37
				  (Rev. 2015); 83-5-1 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.38 - Severability

Current through June 25, 2024
If any section or portion of a section of this Regulation or
				  the application thereof is held by a court to be invalid, such invalidity shall
				  not affect any other provision of that section or application of the Regulation
				  which can be given effect without the invalid provision or application, and to
				  this end the provisions of the Regulation are declared to be
				  severable.
Miss. Code Ann.
				  §§
										45-45-1,
				  et seq. (Rev. 2015); 83-5-1 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.39 - Effective Date

Current through June 25, 2024
This Regulation shall become effective thirty (30) days
				  after filling with the Secretary of State.
Miss. Code Ann.
				  §§
										25-43-3.112;
				  25-43-3.113 (Rev. 2018)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Attachment 8-1-A

Current through June 25, 2024
Click Here
				  To View Image
Miss. Code Ann.
				  §§
										45-45-13
				  (Rev. 2015); 83-5-1 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.01 - Promulgation and Purpose

Current through June 25, 2024
These Rules and Regulations for Transportation Network
				  Companies are promulgated by the Commissioner of Insurance of the State of
				  Mississippi in accordance with the Transportation Network Company Act,
Mississippi House Bill No. 1381, 2016 Regular Legislative
				  Session
, to be codified in
Title 77, Chapter 8 of the
				  Mississippi Code of 1972, as Amended
, and the Mississippi
				  Administrative Procedures Act,
Miss. Code § 25-43-1
, et
				  seq., and shall become effective after adopted and promulgated in accordance
				  with the provisions of the Mississippi Administrative Procedures Act. This
				  Regulation is being filed as a regulation pursuant to the provisions of
H. B. No. 1381, 2016 Regular Legislative Session
.
The purpose of these Rules and Regulations is to provide
				  consistent regulation of Transportation Network Companies, and their operation,
				  throughout the State of Mississippi, and to promote the safe and responsible
				  operation of such companies with respect to their dealings with the public, as
				  well as to ensure that drivers and companies are adequately insured to provide
				  consumers with a means to recoup losses or damages incurred.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.02 - Authority

Current through June 25, 2024
This Regulation is promulgated by the Commissioner of
				  Insurance pursuant to the authority granted to him by
Mississippi House
				  Bill No. 1381, 2016 Regular Legislative Session.
, as well as the
				  provisions of
19 Miss. Admin. Code, Part 1, Chapter 15 (Rules Regarding
				  the Administrative Practice and Procedure before the Mississippi Insurance
				  Department, As Amended)
.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.03 - Scope

Current through June 25, 2024
This Regulation shall apply to all Transportation Network
				  Companies and Transportation Network Drivers, as defined in
Mississippi
				  House Bill No. 1381, 2016 Regular Legislative Session,
operating in
				  the State of Mississippi.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.04 - Definitions

Current through June 25, 2024
As used in these regulations:
(a) "Personal vehicle" means a vehicle that
				is used by a transportation network company driver and is:
(i) Owned, leased or otherwise authorized for
				use by the transportation network company driver; and
(ii) Not a common carrier by motor vehicle,
				contract carrier by motor vehicle, or restricted motor carrier under
Chapter 7, Title 77, Mississippi Code of 1972
.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.05 - Distinguished from Common Carriers, Taxicab and Limousine

Current through June 25, 2024
Transportation network companies or transportation network
				  company drivers are not common carriers by motor vehicle, contract carriers by
				  motor vehicle, or restricted motor carriers under
Chapter 7, Title 77,
				  Mississippi Code of 1972
, nor do they provide taxicab or limousine
				  services. A transportation network company driver shall not be required to
				  register the vehicle the driver uses to provide prearranged rides as a
				  commercial vehicle.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.06 - License Required

Current through June 25, 2024
(1) A person shall
				not operate a transportation network company in Mississippi without first
				having obtained a license from the department.
(2) The Department shall issue a license to
				each applicant that meets the requirements for a transportation network company
				as provided for in the Transportation Network Company Act and these
				regulations, and pays an annual license fee of Five Thousand Dollars
				($5,000.00) to the department.
(3)
				License applicants are to use the application prescribed and furnished by the
				Mississippi Insurance Department. License applicants may obtain licensing
				information and instructions at the Department's website at the following link:
http://www.mid.ms.gov
.
(4) Licenses issued shall authorize the
				applicant to operate within the State of Mississippi, and shall be effective on
				the date of issue for a period beginning on October 1 through September 30 of
				the following year (the "License Period"). The license fee shall not be
				prorated in the event an applicant holds the license for only a portion of the
				License Period. License applications and renewals will be processed
				electronically via SIRCON or by paper. The license issued shall expire on
				September 30 unless properly renewed by obtaining a license for the subsequent
				License Period. License renewal notices will be mailed approximately 60 days
				prior to the license expiration.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.07 - Agent for Service of Process

Current through June 25, 2024
Each transportation network company shall maintain an agent
				  for service of process in the State of Mississippi.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.08 - Fare Disclosure Requirements

Current through June 25, 2024
On behalf of a transportation network company driver, a
				  transportation network company may charge a fare for the services provided to
				  riders; however, if a fare is collected from a rider, the transportation
				  network company shall disclose to the rider the fare or fare calculation method
				  on its website or within the online-enabled technology application service. The
				  transportation network company shall also provide riders with the applicable
				  rates being charged and the option to receive an estimated fare before the
				  rider enters the transportation network company driver's vehicle.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.09 - Driver Identification Process

Current through June 25, 2024
The transportation network company's online-enabled
				  technology application or website shall display a picture of the transportation
				  network company driver, and the license plate number of the motor vehicle
				  utilized for providing the prearranged ride before the rider enters the
				  transportation network company driver's vehicle.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.10 - Electronic Receipt

Current through June 25, 2024
Within a reasonable period of time following the completion
				  of a trip, a transportation network company shall transmit an electronic
				  receipt to the rider on behalf of the transportation network company driver
				  that lists:
(a) The origin and
				destination of the trip;
(b) The
				total time and distance of the trip; and
(c) An itemization of the total fare paid, if
				any.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.11 - Automobile Insurance Requirements

Current through June 25, 2024
(1) On or before
				the effective date of this act and thereafter, a transportation network company
				driver or transportation network company on the driver's behalf shall maintain
				primary automobile insurance that recognizes that the driver is a
				transportation network company driver or otherwise uses a vehicle to transport
				passengers for compensation and covers the driver:
(a) While the driver is logged on to the
				transportation network company's digital network; or
(b) While the driver is engaged in a
				prearranged ride.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.12 - Required Notifications to Drivers

Current through June 25, 2024
The transportation network company shall disclose in writing
				  to transportation network company drivers the following before they are allowed
				  to accept a request for a prearranged ride on the transportation network
				  company's digital network:
(a) The
				insurance coverage, including the types of coverage and the limits for each
				coverage, that the transportation network company provides while the
				transportation network company driver uses a personal vehicle in connection
				with a transportation network company's digital network; and
(b) That the transportation network company
				driver's own automobile insurance policy might not provide any coverage while
				the driver is logged on to the transportation network company's digital network
				and is available to receive transportation requests or is engaged in a
				prearranged ride, depending on its terms.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.13 - Insurers' Authority to Exclude TNC Activity from Coverage

Current through June 25, 2024
(1) Insurers that write automobile insurance
				in Mississippi may exclude any and all coverage afforded under the policy
				issued to an owner or operator of a personal vehicle for any loss or injury
				that occurs while a driver is logged on to a transportation network company's
				digital network or while a driver provides a prearranged ride. This right to
				exclude all coverage may apply to any coverage included in an automobile
				insurance policy including, but not limited to:
(a) Liability coverage for bodily injury and
				property damage;
(b) Uninsured and
				underinsured motorist coverage;
(c) Medical payments coverage;
(d) Comprehensive physical damage coverage;
				and
(e) Collision physical damage
				coverage.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.14 - Driver Status as Independent Contractors

Current through June 25, 2024
Drivers shall be independent contractors and not employees
				  of the transportation network company if all of the following conditions are
				  met:
(a) The transportation network
				company does not prescribe specific hours during which a transportation network
				company driver must be logged into the transportation network company's digital
				platform;
(b) The transportation
				network company imposes no restrictions on the transportation network company
				driver's ability to utilize digital platforms from other transportation network
				companies;
(c) The transportation
				network company does not assign a transportation network company driver a
				particular territory in which to operate;
(d) The transportation network company does
				not restrict a transportation network company driver from engaging in any other
				occupation or business; and
(e)
				The transportation network company and transportation network company driver
				agree in writing that the driver is an independent contractor of the
				transportation network company.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.15 - Zero Tolerance Policy

Current through June 25, 2024
(1) The
				transportation network company shall implement a zero tolerance policy
				regarding a transportation network company driver's activities while accessing
				the transportation network company's digital platform. The zero tolerance
				policy shall address the use of drugs or alcohol while a transportation network
				company driver is providing prearranged rides or is logged into the
				transportation network company's digital network but is not providing
				prearranged rides, and the transportation network company shall provide notice
				of this policy on its website, as well as procedures to report a complaint
				about a driver with whom a rider was matched and whom the rider reasonably
				suspects was under the influence of drugs or alcohol during the course of the
				trip.
(2) Upon receipt of such
				rider complaint alleging a violation of the zero tolerance policy, the
				transportation network company shall suspend such transportation network
				company driver's access to the transportation network company's digital
				platform as soon as possible, and shall conduct an investigation into the
				reported incident. The suspension shall last the duration of the investigation.
(3) The transportation network
				company shall maintain records relevant to the enforcement of this requirement
				for a period of at least two (2) years from the date that a rider complaint is
				received by the transportation network company.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.16 - Driver Certification Requirements

Current through June 25, 2024
(1) Before allowing
				an individual to accept trip requests through a transportation network
				company's digital platform as a transportation network company driver:
(a) The individual shall submit an
				application to the transportation network company, which includes information
				regarding his or her address, age, driver's license, motor vehicle
				registration, automobile liability insurance, and other information required by
				the transportation network company;
(b) The transportation network company shall
				conduct, or have a third party conduct, a local and national criminal
				background check for each applicant that shall include:
(i) Multistate/multijurisdiction criminal
				records locator or other similar commercial nationwide database with validation
				(primary source search); and
(ii)
				United States Department of Justice National Sex Offender Public Website;
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.17 - Solicitation and Street Hails Prohibited

Current through June 25, 2024
A transportation network company driver shall not solicit or
				  accept street hails.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.18 - Cash Payments Prohibited

Current through June 25, 2024
The transportation network company shall adopt a policy
				  prohibiting solicitation or acceptance of cash payments for the fares charged
				  to riders for prearranged rides and notify transportation network company
				  drivers of the policy. Transportation network company drivers shall not solicit
				  or accept cash payments from riders.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.19 - Nondiscrimination and Service Animal Policy

Current through June 25, 2024
(1) The
				transportation network company shall adopt a policy of nondiscrimination with
				respect to riders and potential riders and notify transportation network
				company drivers of the policy.
(2)
				Transportation network company drivers shall comply with all applicable laws
				regarding nondiscrimination against riders or potential riders.
(3) Transportation network company drivers
				shall comply with all applicable laws relating to accommodation of service
				animals.
(4) A transportation
				network company shall not impose additional charges for providing services to
				persons with physical disabilities because of those disabilities.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.20 - Customer Records Requirement

Current through June 25, 2024
A transportation network company shall maintain the
				  following customer records:
(a)
				Individual trip records for at least one (1) year from the date each trip was
				provided; and
(b) Individual
				records of transportation network company driver customers at least until the
				one-year anniversary of the date on which a transportation network company
				driver's customer relationship with the transportation network company has
				ended.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.22 - Prohibition Against Competing Regulation; Airport Exceptions

Current through June 25, 2024
(1) Transportation network companies and
				transportation network company drivers are governed exclusively by the
				Transportation Network Company Act,
Mississippi House Bill No. 1381,
				2016 Regular Legislative Session,
and these rules promulgated by the
				commissioner consistent with said act. A county, municipality or other local
				entity may not:
(a) Impose a tax on, or
				require a license for, a transportation network company, a transportation
				network company driver or a vehicle used by a transportation network company
				driver where the tax or licenses relate to providing prearranged rides;
(b) Require a transportation
				network company or a transportation network company driver to obtain a business
				license or any other type of similar authorization to operate within the
				jurisdiction; or
(c) Subject a
				transportation network company or a transportation network company driver to
				any type of rate, entry, operational or other requirements.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.23 - Violations, Hearings, and Appeals

Current through June 25, 2024
(1) Failure of an
				applicant or licensee to comply with a material provision of the Transportation
				Network Company Act or this regulation is considered a violation of applicable
				laws. The Commissioner of Insurance may deny a license application or suspend
				or revoke a license, after giving notice of hearing to the applicant or
				licensee by serving a written statement of charges on the licensee or its
				registered agent at least twenty (20) days prior to a hearing, for any
				violation of the Transportation Network Company Act,
Mississippi House
				Bill No. 1381, 2016 Regular Legislative Session,
or this Regulation.
				Service shall be deemed accomplished three (3) days after the date of mailing,
				via certified mail, of the notice of hearing by the Mississippi Insurance
				Department, addressed to the licensee or its registered agent. In the case of
				personal delivery, service shall be deemed accomplished on the date of personal
				delivery to the licensee or its registered agent. The Mississippi Insurance
				Department is not required to provide a court reporter to make a record of the
				testimony given at the hearing, and the record of testimony may be taken
				through audio recording or other appropriate means, which may be transcribed by
				employees of the Mississippi Insurance Department, and will constitute the
				record of testimony in the event of an appeal. Any respondent may provide its
				own method of recording testimony, including retaining a court reporter, at the
				respondent's own expense.
(2) The
				rules of order and procedure for any hearing held pursuant to subpart 1 of this
				Rule shall be in accordance with
19 Miss. Admin. Code, Part 1, Chapter
				15 (Rules Regarding the Administrative Practice and Procedure before the
				Mississippi Insurance Department)
, unless in conflict with the
				specific provisions of this regulation.
(3) Any Transportation Network Company who is
				a party to any hearing before the Commissioner and who is aggrieved by any
				decision of the Commissioner with respect to any hearing before him, shall have
				the right of appeal to the Circuit Court of Hinds County, Mississippi, pursuant
				to the provisions of the Mississippi Uniform Circuit and County Court Rules.
				All such appeals shall be appeals on the record, including a transcript of
				pleadings and evidence, both oral and documentary, heard and filed before the
				commissioner.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 9 - Transportation Network Companies › Chapter 1 - Transportation Network Company Law › Rule 19-9-1.24 - Severability

Current through June 25, 2024
If any section or portion of a section of this Regulation or
				  the application thereof is held by a court to be invalid, such invalidity shall
				  not affect any other provision of that section or application of the Regulation
				  which can be given effect without the invalid provision or application, and to
				  this end the provisions of the Regulation are declared to be severable.
Mississippi House Bill
				  No. 1381, 2016 Regular Legislative Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 101 - Mississippi Fire Personnel Minimum Standards and Certification Board › Chapter 1 - Rules and Regulations for Minimum Standards Certification (MSCB-1) › Rule 19-101-1.01 - Purpose and Scope

Current through June 25, 2024
The purpose of this Regulation is to establish the minimum
				  educational and training standards for, and the process for the certification
				  of, fire personnel in the State of Mississippi.
Miss. Code
				  §
										45-11-253 (Supp. 2020)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 101 - Mississippi Fire Personnel Minimum Standards and Certification Board › Chapter 1 - Rules and Regulations for Minimum Standards Certification (MSCB-1) › Rule 19-101-1.02 - Authority

Current through June 25, 2024
This Regulation is promulgated in accordance with the
				  authority granted by the Legislature to the Minimum Standards and Certification
				  Board (hereinafter "MSCB" or "Board") pursuant to
Miss. Code
				  §§
										45-11-251 and  45-11-253
.
Miss. Code
				  §
										45-11-253 (Supp. 2020)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 101 - Mississippi Fire Personnel Minimum Standards and Certification Board › Chapter 1 - Rules and Regulations for Minimum Standards Certification (MSCB-1) › Rule 19-101-1.03 - Certification

Current through June 25, 2024
In accordance with
Miss. Code §
										45-11-253(b)
, the term "certify" shall imply the testing of an
				  individual candidate's knowledge and skill or the review of their training and
				  education credentials through a standardized process of evaluation and
				  approval. As such, the minimum standard established for fire personnel within
				  the scope of the MSCB is the National Fire Protection Association (NFPA) 1001
				  Standard for Fire Fighter Professional Qualifications Levels I and II. The MSCB
				  may grant state certification to fire personnel who meet the requirements of
				  this standard.
Under state law, the Mississippi State Fire Academy is the
				  principle agency responsible for providing fire fighter training. Also, the
				  Mississippi State Fire Academy is the only entity in Mississippi accredited by
				  the International Fire Service Accreditation Congress (IFSAC) to provide
				  certification-testing services. Based on these facts, the MSCB shall recognize
				  the NFPA-based professional certifications issued by the Mississippi State Fire
				  Academy as being equivalent to the minimum standards established by the
				  Board.
Miss. Code
				  §§
										45-11-253; 45-11-201; 45-11-7 (Supp.
				  2020)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 101 - Mississippi Fire Personnel Minimum Standards and Certification Board › Chapter 1 - Rules and Regulations for Minimum Standards Certification (MSCB-1) › Rule 19-101-1.07 - Process of Certification

Current through June 25, 2024
All Mississippi fire personnel eligible for state
				  certification must meet the following criteria by the starting date of any MSCB
				  approved minimum standard certification-training program:
1. Be a minimum of eighteen (18) years of
				age;
2. Have obtained a standard
				high school diploma or possess a valid GED;
3. Be in good physical condition and capable
				of performing the duties of a fire fighter under conditions inherent to the
				profession as verified by a licensed physician;
4. Have met the minimum physical fitness
				requirements of the MSCB; and
5.
				Have met the minimum emergency medical care training requirements as set forth
				by the Board.
Qualified Mississippi fire personnel shall be deemed
				  certified by the MSCB under
Miss. Code §§
											45-11-203 and
				   45-11-251
by presenting their IFSAC accredited NFPA Fire Fighter I and
				  II credentials as issued by the Mississippi Fire Academy and a valid MSCB
				  Personnel Action Form (MSCB Form #02). The executive fire officer or director
				  of the local fire-fighting unit shall submit all required documentation to the
				  MSCB within thirty (30) days following a candidate's successful completion of
				  an approved minimum standards certification training program. The possession of
				  any certificate other than one issued by the MSCB for NFPA 1001 Level I and II
				  does not grant the holder automatic state minimum standard
				  certification.
Upon verification of a candidate's credentials, a state
				  certificate will be issued by the MSCB to the qualified fire fighter.
				  Furthermore, the Board will maintain a registry of all Mississippi fire
				  personnel certified under this and any previous certification system at its
				  physical office location. All Board actions made in accordance with
Miss. Code §
											45-11-253
and their applicable dates will be
				  noted in the registry. A printed copy of the Mississippi Fire Personnel
				  Certification Registry will be published at the conclusion of each calendar
				  year and made available for public review at the MSCB office. An additional
				  printed copy will be transferred annually to the Mississippi State Archives for
				  permanent storage.
Miss. Code
				  §§
										45-11-251; 45-11-253 (Supp.
				  2020)