Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 1 - Administration › Chapter 6 - Public Records Act of 1982 Regulations › Rule 16-1-6.1

Current through June 25, 2024
This policy is adopted by the authority of §
									25-61-1
				  et seq., MCA 1972, and applies to all books, records, papers, accounts,
				  letters, maps, photographs, films, cards, tapes, recordings or reproduction
				  thereof, and other documentary materials, regardless of physical form or
				  characteristics, having been used, being in use, or prepared, possessed or
				  retained for use in the conduct, transaction or performance of any business,
				  transaction, work, duty or function of the Department of Archives and
				  History.
A.
Request
				Submission:
A request for records shall be submitted in writing to the
				  director, Department of Archives and History, P. O. Box 571, Jackson,
				  Mississippi 39205.
B.
Records Not Covered:
Access to records accessioned in the official archives of the
				  state or in the private record archives are not affected by these regulations.
				  Access to those records is provided through procedures established for the
				  Department reading rooms.
C.
Identification of Requested
				Records:
The request for information shall be marked Request for
				  Public Records and shall describe in reasonable detail the records sought. The
				  request should include, if possible, a description of the type of records,
				  names, dates and other information that may aid in locating records.
D.
Exempt Records:
The director shall determine whether the records sought are
				  exempt from production under the Mississippi Public Records Act and shall
				  either cause to be produced or deny production of the records sought within
				  seven (7) working days of the receipt of the request. If the director
				  determines that the records requested are exempt or not subject to public
				  disclosure under the law, he shall deny the request and shall send the person
				  making the request a statement of the specific exemption relied upon for the
				  denial. Such denials shall be kept on file for inspection by any person for
				  three (3) years.
Where possible, non-exempt records will be separated from
				  exempt records, and only the exempt records will be withheld. If exempt records
				  cannot be withheld, the exempt information will be reacted by the Department
				  prior to providing access to the non-exempt information. The Department will
				  charge a reasonable fee for the redaction of any exempted information, not to
				  exceed the agencys actual cost.
Information gained from third parties containing trade
				  secrets or confidential commercial or financial information will not be
				  released until a reasonable time after notice has been sent to the third
				  parties, unless the material is protected by a court order.
Records in the possession of the Department of Archives and
				  History that contain information about the location of any specific
				  archaeological site and that in the opinion of the Department would, upon the
				  disclosure thereof, create a substantial risk of damage or destruction to the
				  historical value of such archaeological site or create a substantial risk of
				  damage or destruction to private property rights, are exempt from the
				  provisions of the Mississippi Public Records Act of 1983.
E.
Fees:
The request for information should be accompanied by
				  sufficient funds to defray the actual costs of searching, reviewing, copying
				  and, if applicable, mailing the records. Fees charged for the records will not
				  exceed the actual costs, and any overpayment will be refunded. Fees shall be
				  collected prior to compliance with the request. Fees currently authorized by
				  the board of trustees are posted on the departments website
The director shall cause the person making the request to be
				  promptly notified of the estimated fees if the estimate exceeds the funds
				  accompanying the request. The schedule of fees will apply even if the search is
				  unproductive.
Fees are subject to revision by the Board of Trustees.
Foundation for Mississippi History Bylaws Amendment.
				  REPEALED. Effective 10/16/2009.
William F. Winter Archives and History Building Artwork
				  Policy. REPEALED. Effective 10/16/2009.
Certified Public Manager Program Participation Policy.
				  REPEALED. Effective 10/16/2009.
Plan for allowing one administrator to handle
				  Departments cafeteria plan and group insurance. REPEALED. Effective
				  10/16/2009.
Department Policy regarding reimbursement of meal
				  expenses for traveling staff, only for overnight stays. REPEALED. Effective
				  10/16/2009.
40% discount on Department-published publications for
				  Board and staff. REPEALED. Effective 10/16/2009.
Board of Trustees Election Procedures. REPEALED.
				  Effective 10/16/2009.
Department Guidelines on Leave, Travel, Reimbursement
				  and Comp. Time. REPEALED. Effective 10/16/2009.
Department Purchasing Rules and Regulations. REPEALED.
				  Effective 10/16/2009.
State Historical Commission abolished by House Bill No.
				  634, and its functions transferred to the Department. REPEALED. Effective
				  10/16/2009.
Policy Prohibiting use of Department name in connection
				  with purely commercial enterprises or publications (includes employees).
				  REPEALED. 10/16/2009.
Miss. Code §
										25-61-1
				  (1972, as amended).