reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 9 - FEES › Rule 1-5-9.3 - Fees for travel

Current through June 25, 2024
In addition to the fees authorized under Rule 9.01 (relating
				  to fees for notarial acts), a notary public may additionally charge a travel
				  fee when traveling to perform a notarial act if:
G. The notary public and the individual
				requesting the notarial act agree upon the travel fee in advance of the travel;
				and
H. The notary public explains
				to the individual requesting the notarial act that the travel fee is in
				addition to the notarial fee in Rule 9.01 (relating to fees for notarial acts)
				and is not required by law.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 9 - FEES › Rule 1-5-9.4 - Payment in advance

Current through June 25, 2024
A. A notary public
				may require payment of any fees specified in this chapter prior to performance
				of a notarial act.
B. Any fees paid
				to a notary public prior to performance of a notarial act are non-refundable if
				the act was completed, or in the case of travel fees, the act was not completed
				after the notary public had traveled to meet the principal.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 9 - FEES › Rule 1-5-9.5 - Employer may prohibit fees

Current through June 25, 2024
An employer may prohibit an employee who is a notary public
				  from charging for notarial acts performed on the employer's
				  time.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 9 - FEES › Rule 1-5-9.6 - No fee for notarizing absentee application and ballot

Current through June 25, 2024
Notaries public shall waive the fee for notarizing an
				  absentee voter application or ballot.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 10 - PROHIBITED ACTS AND SANCTIONS › Rule 1-5-10.1 - Offenses involving fraud, dishonesty, or deceit

Current through June 25, 2024
A.
				Conviction of offenses involving a lack of honesty or elements of falsehood and
				fraud will be considered to be evidence of a lack of honesty, integrity,
				competence, or reliability to act as a notary public, regardless of the
				jurisdiction in which the crimes were committed.
B. The Secretary of State will consider all
				convictions or comparable dispositions obtained in the courts of the United
				States, the State or any other state, territory, possession, or country
				involving fraud, dishonesty, or deceit.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 10 - PROHIBITED ACTS AND SANCTIONS › Rule 1-5-10.2 - Rebuttable presumption against appointment

Current through June 25, 2024
A. Any
				person who has been convicted of any felony offense or any misdemeanor offense
				involving fraud, dishonesty, or deceit within 10 years preceding the date of
				application for appointment is presumed ineligible for appointment as a notary
				public.
B. The presumption of
				ineligibility for appointment may be rebutted in extraordinary circumstances by
				a showing of clear and convincing evidence of the applicant's full
				rehabilitation. It is the intent of this provision that overcoming this
				presumption will occur only infrequently and in truly exceptional
				circumstances.
C. There is no
				presumption of ineligibility for conviction of a felony or an offense involving
				fraud, dishonesty or deceit more than 10 years preceding the date of
				application for appointment, but the conviction and related facts may be
				considered in determining whether the applicant has the requisite honesty,
				integrity, competence, or reliability to act as a notary public.
D. The 10-year period will be measured from
				the date of the conviction, rather than the date of the act which constituted
				the offense.
E. For the purposes of
				this subchapter, ''conviction'' and ''convicted of'' include a conviction after
				a bench or jury trial, a guilty plea, a plea of nolo contendere, or a finding
				of not guilty due to insanity or of guilty but mentally ill.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 10 - PROHIBITED ACTS AND SANCTIONS › Rule 1-5-10.3 - Reporting of crimes, disciplinary action, and other matters

Current through June 25, 2024
A. A notary public shall notify the Secretary
				of State of a conviction of any felony within thirty (30) calendar days of the
				disposition or on the next application for appointment and commission,
				whichever is sooner.
B. A notary
				public shall notify the Secretary of State of disciplinary action in the nature
				of a final order taken against the notary public's commission by the
				commissioning authority of another state, territory, or country within thirty
				(30) calendar days of receiving notice of the disciplinary action or on the
				next application for appointment and commission, whichever is sooner.
C. A notary public shall notify the Secretary
				of State of a finding against, or admission of liability by, the notary public
				in any criminal, civil, or administrative proceeding within thirty (30)
				calendar days of conclusion of the legal proceeding or on the next application
				for appointment and commission, whichever is sooner.
D. A notary public shall notify the Secretary
				of State of a finding by The Mississippi Bar or the courts of the State or the
				bar or courts of any other state or nation finding that the notary public has
				engaged in the unauthorized practice of law within thirty (30) calendar days of
				conclusion of the proceeding or on the next application for appointment and
				commission, whichever is sooner.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 10 - PROHIBITED ACTS AND SANCTIONS › Rule 1-5-10.4 - Conduct providing the basis for disciplinary action

Current through June 25, 2024
In addition to the acts and omissions specified in Section
				  43(1) of the Act (relating to sanctions), the following acts or omissions
				  demonstrate that an individual lacks the honesty, integrity, competence, or
				  reliability to act as a notary public:
A. Notarizing his own signature or
				statement.
B. Notarizing a spouse's
				signature or statement.
C.
				Notarizing incomplete or blank documents.
D. Postdating or predating notarial
				acts.
E. Altering a document after
				it has been notarized.
F. Issuing
				to the order of a State agency or the State a personal check without sufficient
				funds on deposit.
G. Performing a
				notarial act within this State when the person was not commissioned as a notary
				public or was otherwise not authorized to perform a notarial act.
H. Performing a notarial act in another state
				under the authority of the notary public's Mississippi commission.
I. Making a representation that the notary
				public has powers, qualifications, rights, or privileges that the notary public
				does not have.
J. Use of the term
				''notario,'' ''notario publico,'' ''notario publica,'' or any non-English
				equivalent term in a manner which misrepresents the authority of the notary
				public.
K. Engaging in the
				unauthorized practice of any regulated profession, including law.
L. Endorsing or promoting a product, service,
				contest, or other offering by using the notary public's title or official
				stamp.
M. Failure to require an
				individual making a statement in or executing a signature on a document to
				appear personally.
N. Failure to
				have personal knowledge or satisfactory evidence of the identity of an
				individual appearing before the notary public.
O. Executing a notarial certificate that
				contains a statement known to the notary public to be false.
P. Using the notary public's official stamp
				for a purpose other than to perform a notarial act.
Q. Using another notary public's stamping
				device to perform a notarial act.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 10 - PROHIBITED ACTS AND SANCTIONS › Rule 1-5-10.5 - Factors considered in disciplinary action

Current through June 25, 2024
When determining whether to deny an application or take
				  disciplinary action against a notary public, the Secretary of State may
				  consider a variety of factors including the following:
A. Nature, number and severity of any acts,
				offenses, official misconduct, or crimes under consideration.
B. Evidence pertaining to the honesty,
				credibility, truthfulness, and integrity of the applicant or notary
				public.
C. Actual or potential
				monetary or other harm to the general public, group, individual or
				client.
D. History of complaints
				received by the Secretary of State.
E. Prior disciplinary record or warning from
				the Secretary of State.
F. Evidence
				in mitigation.
G. Evidence in
				aggravation.
H. Occupational,
				vocational, or professional license disciplinary record.
I. Evidence of rehabilitation, such as
				reference letters and proof of class attendance.
J. Criminal record
K. Reports from law enforcement
				agencies.
L. Willfulness.
M. Negligence.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 10 - PROHIBITED ACTS AND SANCTIONS › Rule 1-5-10.6 - Unauthorized practice of law

Current through June 25, 2024
A. If notarial
				certificate wording is not provided or indicated for a document, a nonattorney
				notary shall not determine the type of notarial act or certificate to be
				used.
B. A notary public may not
				assist a person in drafting legal documents, give legal advice or is otherwise
				practice law in violation of Section 43 of the Act (relating to prohibited
				acts), unless the notary public is a licensed attorney in this State.
C. Among the acts that constitute the
				practice of law are the preparation, drafting or selection or determination of
				the kind of any legal document, or giving advice in relation to any legal
				documents or matters.
D. A person
				who represents himself in a legal matter will not be considered to have engaged
				in the unauthorized practice of law.
E. This section does not preclude a notary
				public who is duly qualified, trained, or experienced in a particular industry
				or professional field from selecting, drafting, completing, or advising on a
				document or certificate related to a matter within that industry or
				field.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 10 - PROHIBITED ACTS AND SANCTIONS › Rule 1-5-10.7 - Advertising

Current through June 25, 2024
For the purpose of the statements required under Section 47
				  of the Act (relating to prohibited acts), the term ''prominently'' in Section
				  47(4) of the Act means that the entire statement "I am not an attorney licensed
				  to practice law in this State. I am not allowed to draft legal documents, give
				  advice on legal matters, including immigration, or charge a fee for those
				  activities." must be in at least 10-point type and must be displayed in an area
				  open and accessible to the public at the place of performance of the notarial
				  act.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 11 - SANCTIONS AND REMEDIES FOR IMPROPER ACTS › Rule 1-5-11.1 - Revocation

Current through June 25, 2024
A. A notary public's commission may be
				revoked for any act or omission that demonstrates the notary public lacks the
				honesty, integrity, competence, or reliability to act as a notary
				public.
B. The Secretary of State
				shall revoke the commission of any notary public who fails to maintain a
				residence in this State.
C. Prior
				to revocation of a notary commission, the Secretary of State shall inform the
				notary public of the basis for the revocation and that the revocation takes
				effect on a particular date unless a proper appeal is filed with the Secretary
				of State before that date.
D.
				Resignation or expiration of a notary public's commission does not terminate or
				preclude an inquiry into the notary's conduct by the Secretary of State
				whereupon it shall be made a matter of public record whether or not the finding
				would have been grounds for revocation.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 11 - SANCTIONS AND REMEDIES FOR IMPROPER ACTS › Rule 1-5-11.2 - Suspension

Current through June 25, 2024
A. A notary public's commission may be
				suspended for any actions contrary to the act, other laws and the requirements
				of these Rules.
B. Prior to
				suspension of a notary public's commission, the Secretary of State shall inform
				the notary of the basis for the suspension and that the suspension takes effect
				on a particular date unless a proper appeal is filed with the Secretary of
				State before that date.
C.
				Resignation or expiration of a notary public's commission does not terminate or
				preclude an inquiry into the notary's conduct by the Secretary of State
				whereupon it shall be made a matter of public record whether or not the finding
				would have been grounds for suspension.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 11 - SANCTIONS AND REMEDIES FOR IMPROPER ACTS › Rule 1-5-11.3 - Other Remedial Actions for Misconduct

Current through June 25, 2024
A. The Secretary of
				State may deliver a written official warning to cease misconduct, misfeasance,
				or malfeasance to any notary whose actions are deemed to be in violation of
				these Rules, the act, or other laws of the State of Mississippi.
B. The Secretary of State may also seek any
				other remedies available under law or equity.
C. The remedies and sanctions of these Rules
				do not preclude other remedies and sanctions provided by law.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 11 - SANCTIONS AND REMEDIES FOR IMPROPER ACTS › Rule 1-5-11.4 - Official Notice

Current through June 25, 2024
Official notice required by these Rules shall be by certified
				  mail to the notary public at the residence address shown on the records of the
				  Secretary of State and/or such other address as the Secretary of State may deem
				  necessary.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 11 - SANCTIONS AND REMEDIES FOR IMPROPER ACTS › Rule 1-5-11.5 - Publication of Sanctions and Remedial Actions

Current through June 25, 2024
The Secretary of State shall regularly publish a list of
				  persons whose notary public commissions have been suspended or revoked by the
				  Secretary of State or a court.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 11 - SANCTIONS AND REMEDIES FOR IMPROPER ACTS › Rule 1-5-11.6 - Criminal Sanctions

Current through June 25, 2024
In addition to civil sanctions provided by these Rules and
				  the act, there are criminal sanctions which may be applicable to a notary who
				  violates state or federal criminal statutes.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 11 - SANCTIONS AND REMEDIES FOR IMPROPER ACTS › Rule 1-5-11.7 - Complaints

Current through June 25, 2024
A. Complaints against a notary public for
				violation of the requirements of these Rules, the act or any other law or
				regulation shall be made in writing and under oath to the Secretary of
				State.
B. Complaints should state
				all pertinent facts and include a copy of the notarial certificate in question
				and the status of any pending litigation.
C. Complaints alleging violations of criminal
				statutes shall be made to the district attorney for the county in which the
				violation occurred.
D. Where civil
				or criminal litigation is pending or anticipated, or has already commenced, the
				Secretary of State may, in its sole discretion, defer action on the complaint
				pending the outcome of the litigation. In matters in which litigation is
				concluded, the Secretary of State may, in its sole discretion, decline to
				investigate any notary complaint in which the Secretary of State determines
				that the basis for the complaint could have been considered by a
				court.
E. The Secretary of State
				may, in its sole discretion, decline to investigate any notary complaint which,
				on the face of the complaint, has no identifiable violation.
F. The Secretary of State may, in its sole
				discretion, decline to investigate any notary complaint in which the Secretary
				of State believes or has reason to believe the complaint is an attempt to
				harass, mislead, or disrupt the normal course of business.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 11 - SANCTIONS AND REMEDIES FOR IMPROPER ACTS › Rule 1-5-11.8 - Appeals

Current through June 25, 2024
A. Appeals should be addressed to the
				Business Services Division of the Secretary of State's Office. The appeal must
				be in writing and under oath. The written appeal shall include submission of
				copies of three pages from the notary's journal including the pages before and
				after the entry of information surrounding the certificate in
				question.
B. Appeals will be on the
				record unless an oral hearing is requested.
C. Oral hearings are in the sole discretion
				of the Secretary of State's Office.
D. Where an oral hearing is granted, the
				hearing will be conducted informally with relaxed rules of evidence in
				accordance with these Rules.
E. The
				notary public shall bring the original journal to any oral hearing for review
				by the hearing officer.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 7 - Business Services - Miscellaneous › Chapter 1 - Rules and Regulations Governing Correspondence Schools › Rule 1-7-1.1 - Application Forms

Current through June 25, 2024
The application shall be made on forms obtainable from the
				  Office of the Secretary of State. The application shall be completed in
				  triplicate. The original shall be forwarded to the Secretary of State, P.O. Box
				  136, Jackson, Mississippi 39205, accompanied with the statutory fee of $250.00
				  made payable to the Secretary of State, the original surety bond, original
				  power of attorney, student contract forms, textbooks and all other promotional
				  and training materials (including kits) furnished to the student under
				  contract. The blue copy of the application accompanied with a reproduction copy
				  of the surety bond, student contract forms, and power of attorney agreement
				  shall be sent to the Attorney General at P.O. Box 220, Jackson, Mississippi
				  39205. The yellow copy of the application, a reproduction copy of the surety
				  bond, student contract form, and power of attorney agreement shall be forwarded
				  to the State Department of Education, Attention: School of College Registration
				  Office at P.O. Box 771, Jackson, Mississippi 39205.
Section
				  75-59-1,
				  Mississippi Code (1972) as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 7 - Business Services - Miscellaneous › Chapter 1 - Rules and Regulations Governing Correspondence Schools › Rule 1-7-1.2 - Application Information

Current through June 25, 2024
Every item appearing in the application form must be
				  completed in its entirety unless otherwise provided. Without exception,
				  paragraphs 2 through 11, inclusive, of the application must be completed in the
				  detail specified. Any omission in any of these paragraphs will result in the
				  application being returned to the applicant for completion. If additional space
				  is needed, additional sheets(s) properly marked as to the paragraph(s)
				  concerned will be attached to the application and initialed by the person
				  signing the application.
Section
				  75-59-1,
				  Mississippi Code (1972) as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 7 - Business Services - Miscellaneous › Chapter 1 - Rules and Regulations Governing Correspondence Schools › Rule 1-7-1.3 - Waivers

Current through June 25, 2024
In the discretion of the Secretary of State, all parts of
				  paragraphs 12 and 13 may be waived by him; but he may at any time during the
				  effective period of the permit left the waiver and require that the
				  exclusion(s) previously allowed be submitted to him within fifteen days
				  following the receipts of his notice that effect the
				  Permitee.
Section
				  75-59-1,
				  Mississippi Code (1972) as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 7 - Business Services - Miscellaneous › Chapter 1 - Rules and Regulations Governing Correspondence Schools › Rule 1-7-1.4 - Name Changes

Current through June 25, 2024
A Permitee shall not do business in this State under any
				  other name than that shown on the application without first notifying the
				  Secretary of State, Attorney General and Department of Education of its change
				  in name. In like manner, if the ownership, corporate or partnership status is
				  changed, a proper notice to that effect will be forwarded to this office
				  without delay.
Section
				  75-59-1,
				  Mississippi Code (1972) as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 7 - Business Services - Miscellaneous › Chapter 1 - Rules and Regulations Governing Correspondence Schools › Rule 1-7-1.5 - Sales Representatives

Current through June 25, 2024
Prior to beginning any sales activities in this State, the
				  Permitee will furnish to the Secretary of Sate, the Attorney General and
				  Department of Education the names and addresses of its sales representatives or
				  agents operating in this State. It shall be the duty of the Permitee to notify
				  this office of changes as they occur with respect to such representatives or
				  agents, including the change of address only if that should occur. In like
				  manner, it shall be the duty of the Permitee to give notice of the
				  establishment of branch of sales office in this State, giving the address of
				  such office and the name of the person in charge of it.
Section
				  75-59-1,
				  Mississippi Code (1972) as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 7 - Business Services - Miscellaneous › Chapter 1 - Rules and Regulations Governing Correspondence Schools › Rule 1-7-1.6 - Enrollees

Current through June 25, 2024
Within 90 days after beginning any sales activity in this
				  State, the Permitee will furnish to the Secretary of State, the names and
				  addresses of all enrollees. It shall be the duty of the Permitee to update the
				  student roster no later than six (6) months after the initial
				  report.
Section
				  75-59-1,
				  Mississippi Code (1972) as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 7 - Business Services - Miscellaneous › Chapter 1 - Rules and Regulations Governing Correspondence Schools › Rule 1-7-1.7 - Investigations

Current through June 25, 2024
The Secretary of State, the Attorney General, and the State
				  Department of Education or their authorized representative may make or cause to
				  be made such inquiries and investigations as may be deemed necessary to
				  establish the reputation of the applicant. Information obtained from the
				  discovery procedure will be kept confidential, including the source or sources
				  from which it came.
Section
				  75-59-1,
				  Mississippi Code (1972) as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 7 - Business Services - Miscellaneous › Chapter 1 - Rules and Regulations Governing Correspondence Schools › Rule 1-7-1.8 - False or Misleading Statements

Current through June 25, 2024
Any applicant making false representations or statements in
				  the application or in material accompanying the application, calculated to
				  mislead, deceive or to obscure the truth will be denied a permit in connection
				  with the application concerned. Promotional material or advertisements which
				  are deceptive and misleading in their claims and representations will have like
				  effect.
Section
				  75-59-1,
				  Mississippi Code (1972) as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 7 - Business Services - Miscellaneous › Chapter 1 - Rules and Regulations Governing Correspondence Schools › Rule 1-7-1.9 - Permits

Current through June 25, 2024
The applicant must furnish a copy of the contract form with
				  each application for permit to furnish correspondence courses by written
				  contract in this State. No permit will be issued to an applicant in which the
				  contract guarantees or represents that it will obtain employment of or for the
				  enrollee unless such work is to be performed for the applicant or for a
				  business over which the applicant exercises and controls personnel actions,
				  including employment. A permit may be denied on the grounds that the contract
				  is vague., ambiguous or misleading or the cost to the enrollee is obviously
				  excessive. Conditional contracts, except as such contracts permit installment
				  payments in lieu of lump sum payments, are generally not regarded with favor.
				  Conditions in a contract which may be prejudicial to the good and benefit of
				  the enrollee will appear in a bold face type or will be displayed in such a way
				  as to not escape the attention of a reasonably observant person. Permits will
				  not be granted to applications offering courses at no charge or which solicit
				  donations or pledges of donations as a condition to enrollment or
				  graduation.
Section
				  75-59-1,
				  Mississippi Code (1972) as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 7 - Business Services - Miscellaneous › Chapter 1 - Rules and Regulations Governing Correspondence Schools › Rule 1-7-1.10 - Course Objectives

Current through June 25, 2024
Each course must have a course objective; i.e., to train the
				  enrollee in a skill or trade such as an artist, draftsman, accountant,
				  bookkeeper, etc. The course objective must be stated in the course summary. A
				  permit may be denied if the course objective is not stated in concise and
				  meaningful form. A permit will not be granted for a course which has no course
				  objective or if the course objective is obviously of no proven value in terms
				  of vocational value, including training in which there is no job market for
				  those completing it.
Section
				  75-59-1,
				  Mississippi Code (1972) as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 7 - Business Services - Miscellaneous › Chapter 1 - Rules and Regulations Governing Correspondence Schools › Rule 1-7-1.11 - Text Books

Current through June 25, 2024
A permit shall be valid for one (1) year from the date
				  thereof and is not renewable. However, application may be made in such time as
				  to avoid a lapse between two successive permits. In such cases, the Secretary
				  of State may, in his discretion, waive the requirement of the application
				  pertaining to furnishing textbooks. The requirement will be waived when the
				  textbooks furnished with the precedent application are the same as those that
				  would ordinarily accompany the application. This requirement ordinarily will be
				  waived automatically when the new application contains an affirmation that the
				  textbooks are the same as furnished with the application of a preceding date.
				  If new texts have been added, or if texts have been revised, a copy of the
				  addition(s) and/or revised texts only need be furnished along with an
				  appropriate statement of explanation on the application. If audio " visual
				  training materials or kits are used instead of or supplementary to textbooks
				  and other printed matter, other training materials including kits will not be
				  returned to the Permitee upon the explanation or invocation of permit.
				  Textbooks will be returned at the applicant's expense when a permit is
				  denied.
Section
				  75-59-1,
				  Mississippi Code (1972) as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 7 - Business Services - Miscellaneous › Chapter 1 - Rules and Regulations Governing Correspondence Schools › Rule 1-7-1.12 - Surety Bond

Current through June 25, 2024
A surety bond from a surety qualified to do business in the
				  State of Mississippi is a statutory pre-condition to the issuance of a permit
				  to any applicant. If the said bond is cancelled by the surety during the
				  effective term or period of the permit, it shall be the duty of the principal
				  (Permitee), without noticed from the Secretary of State, to forthwith respond
				  to the statutory bonding requirement to furnish a new and acceptable bond to
				  become effective on or before the effe3ctive date of the original bond. Failing
				  in that, Secretary of State will give the principal (Permitee) not less than
				  fifteen days notice to be and appear at a hearing he shall call for that
				  purpose to show cause, if for the cancellation of the original
				  bond.
Section
				  75-59-1,
				  Mississippi Code (1972) as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 7 - Business Services - Miscellaneous › Chapter 1 - Rules and Regulations Governing Correspondence Schools › Rule 1-7-1.13 - Criminal Convictions

Current through June 25, 2024
A permit will not be granted to a person, firm, or
				  corporation who or which has been convicted of the criminal provisions of this
				  Act without the applicant showing cause by judicial proceedings that a permit
				  should be granted. A Permitee or an applicant having been so convicted may not
				  circumvent the provision of this rule by a change of name or other deceptive
				  means. Intentional deception of any kind on the application, promotional
				  material, or advertisements calculated to mislead the public is sufficient
				  cause for denial, suspension or revocation, by Permintee shall have the right
				  to appear, as provided by law, and show cause, if thereby, why such suspension
				  or revocation should not be invoked, after having been given not less than
				  fifteen days notice of the date of such hearing.
Section
				  75-59-1,
				  Mississippi Code (1972) as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 7 - Business Services - Miscellaneous › Chapter 1 - Rules and Regulations Governing Correspondence Schools › Rule 1-7-1.14 - Requirements

Current through June 25, 2024
A permit will not be issued to any applicant until all of
				  the following basic documents and materials are actually received as herein
				  provided.
A. A completely executed
				application.
B. A Statutory fee in
				the sum of $250.00, payable to the Secretary of State.
C. The statutory surety bond written by a
				surety bond written by a surety qualified to do business in the State of
				Mississippi.
D. A properly executed
				power of attorney appointing the Secretary of State as agent for process for
				the applicant.
E. A copy of student
				contract forms and all textbooks, including bills, except as provided under
				Rule 1.9 above.
F. A certified copy
				of corporate charter or partnership agreement when specifically requested by
				the Secretary of State. If certified copy of corporate charter is not requested
				with the application the Secretary of State may request a copy of such
				instrument at a later date.
Section
				  75-59-1,
				  Mississippi Code (1972) as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 7 - Business Services - Miscellaneous › Chapter 1 - Rules and Regulations Governing Correspondence Schools › Rule 1-7-1.15 - Penalties

Current through June 25, 2024
Section
				  75-59-9,
				  Mississippi Code of 1972, provides that any person violating these provisions
				  shall be guilty of a misdemeanor and, upon conviction, shall be punished by a
				  fine of five hundred dollars ($500.00) or by imprisonment of not more than six
				  (6) months, or by both such fine and imprisonment.
Section
				  75-59-1,
				  Mississippi Code (1972) as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 7 - Business Services - Miscellaneous › Chapter 2 - Revised Limited Liability Company Act › Rule 1-7-2.1 - Due Date for Limited Liability Company Annual Reports

Current through June 25, 2024
Pursuant to Miss. Code Ann. Section
				  79-29-215,
				  of the Mississippi Revised Limited Liability Company Act, the Secretary of
				  State has determined that annual reports required to be filed on behalf of all
				  limited liability companies foreign and domestic shall be due and delivered to
				  the Secretary of State by April 15 of each year. The Secretary of State shall
				  continue to accept and file annual reports received after the official due date
				  of April 15 provided the annual reports are received prior to the event of
				  administrative dissolution of the filing limited liability company.
Mississippi Code
				  Annotated §
										79-29-215.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 9 - Elections - Campaign Finance and Lobbying › Chapter 1 - Lobbying › Rule 1-9-1.1 - Lobbying in Mississippi: Ensuring Compliance and Improving Disclosure

Current through June 25, 2024
"Lobbying in Mississippi" is a guide for lobbyists,
				  lobbyists' clients, or any person interested in the lobbying requirements of
				  Mississippi. This guide contains all information lobbyists and their clients
				  need to comply with Mississippi lobbying requirements. All lobbyists must
				  perform their duties in compliance with this guide. The guide and all lobbying
				  forms and reports are available free of charge at the Secretary of State's
				  website at
www.sos.ms.gov
.
Miss. Code Ann. §
										5-8-1 et seq. and
				  §
										7-3-5(1972).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 9 - Elections - Campaign Finance and Lobbying › Chapter 2 - Campaign Finance › Rule 1-9-2.1 - Campaign Finance Guide: Ensuring Compliance and Disclosure

Current through June 25, 2024
This guide is published by the Secretary of State's Office
				  as a handbook for candidates and political committees. All candidates and
				  political committees must comply with Mississippi's campaign finance laws. This
				  handbook contains the information necessary for such compliance. This guide is
				  available at the Secretary of State's website at
www.sos.ms.gov
.
Miss. Code Ann. §
										23-15-801
				  et seq. (1972).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 9 - Elections - Campaign Finance and Lobbying › Chapter 2 - Campaign Finance › Rule 1-9-2.2 - Assessment of Civil Penalty

Current through June 25, 2024
Under Miss. Code Ann. Section
				  23-15-813,
				  the Secretary of State shall assess a civil penalty against anyone who shall
				  fail to file a campaign finance disclosure report as required under Sections
				  23-15-801
				  through
				  23-15-813,
				  or Sections
				  23-17-47
				  through
				  23-17-53,
				  or who shall file a report which fails to substantially comply with the
				  requirements of these sections.
Substantial compliance shall require all fields of
				  information to be completed on the Report of Receipts and Disbursements.
If filing a Report of Itemized Receipts, substantial
				  compliance shall require identification of any individual by full name, mailing
				  address, date, amount of each receipt for the period and one additional field
				  of information, such as the name of an employer or occupation of the
				  individual.
If filing a Report of Itemized Receipts, substantial
				  compliance shall require identification of any other source, such as family,
				  firm, corporation, partnership, association, political committee, or other
				  legal entity, by full name, mailing address, date, amount of each receipt for
				  the period.
If filing a Report of Itemized Disbursements, substantial
				  compliance shall require identification by full name, mailing address, date and
				  amount of each disbursement to each person or organization which receives
				  expenditure during the reporting period.
The rules set forth herein shall apply to the nomination or
				  election of candidates or support for or opposition to ballot issues in state
				  and local elections. Nothing in these rules shall be construed as limiting or
				  regulating federal elections, and those committees, parties, candidates or
				  funds when they participate in such federal elections.
Miss. Code Ann. §
										23-15-815(1972).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 1 - State Plan for Compliance with HAVA › Rule 1-10-1.1 - Help America Vote Act State Plan

Current through June 25, 2024
This is a required state plan document that includes a
				  description of the state's plans for meeting federal requirements under the
				  Help America Vote Act of 2002. This state plan document is available on the
				  Secretary of State's website at
www.sos.ms.gov
Miss. Code Ann. §
										23-15-169.5;
				  52 U. S. C. § 20901, et seq.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 2 - HAVA Complaint Procedure › Rule 1-10-2.1 - Definitions

Current through June 25, 2024
In this chapter, the following terms have the following
				  meanings:
A. "Complainant" means the
				person who files a complaint with the Secretary of State pursuant to this
				Chapter 2.
B. "Respondent" means
				any state or local election official or board against whom a complaint is filed
				pursuant to this Chapter 2.
C.
				Subchapter " means Subchapter III of HAVA, 52 U. S. C. §§
				21081-21085.
D. "State or local
				election official" means the Secretary of State, the State Board of Election
				Commissioners, a circuit or municipal clerk, a county or municipal election
				commissioner or election commission, the state or local political party
				executive committee or executive committee member, a poll manager or any
				employee, officer, agent or appointee thereof.
Miss. Code Ann. §
										23-15-169;
				  52
				  U.S.C. §
											21112.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 2 - HAVA Complaint Procedure › Rule 1-10-2.2 - Who May File

Current through June 25, 2024
Any person who believes a violation of Subchapter III of HAVA
				  has occurred, is occurring or is about to occur may file a
				  complaint.
Miss. Code Ann. §
										23-15-169;
				  52
				  U.S.C. §
											21112.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 2 - HAVA Complaint Procedure › Rule 1-10-2.3 - Form of Complaint

Current through June 25, 2024
The Complainant must use the form prescribed by the
				  Secretary of State or his designee, which is available from the Secretary of
				  State's Office or from any state or local political party executive committee,
				  local election commission or circuit or municipal clerk, or which may be
				  downloaded from the Secretary of State's website at
www.sos.ms.gov
Miss. Code Ann. §
										23-15-169;
				  52
				  U.S.C. §
											21112.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 2 - HAVA Complaint Procedure › Rule 1-10-2.4 - Place, Time and Method for Filing; Copy for Respondent

Current through June 25, 2024
A complaint shall be filed with the Secretary of State's
				  Office, Elections Division, 401 Mississippi Street, Jackson, Mississippi
				  39201.
A complaint shall be filed within 30 days after the
				  occurrence of the actions or events forming the basis of the complaint or after
				  the complainant knew, or with the exercise of reasonable diligence, should have
				  known of the action or event forming the basis for the complaint. The deadline
				  for filing any complaint may be extended an additional 30 days in the
				  discretion of the Secretary of State or his designee upon presentment of
				  evidence by the Complainant the Respondent concealed the actions or events
				  forming the basis of the complaint.
The complaint shall be delivered to the Secretary of State's
				  Office by hand-delivery or by overnight service to 401 Mississippi Street,
				  Jackson, Mississippi 39201, or by mail to Post Office Box 136, Jackson,
				  Mississippi 39205. A complaint shall be deemed filed upon receipt by the
				  Secretary of State's Office and not upon mailing or postmark.
For filing to be deemed complete, the Complainant shall mail
				  or deliver a copy of the complaint to each Respondent not later than the date
				  on which the complaint is filed and submit proof of such delivery to the
				  Secretary of State.
Miss. Code Ann. §
										23-15-169;
				  52
				  U.S.C. §
											21112.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 2 - HAVA Complaint Procedure › Rule 1-10-2.5 - Processing of Complaint

Current through June 25, 2024
The Secretary of State or his designee may consolidate
				  complaints if they relate to the same actions or events, or if they raise
				  common questions of law or fact. The Secretary of State or his designee shall
				  notify all interested parties if two or more complaints have been consolidated.
The Secretary of State or his designee shall compile and
				  maintain an official record in connection with each complaint filed pursuant to
				  this rule. The official record shall contain:
1. A copy of the complaint, including any
				amendments made to it with the permission of the Secretary of State or his
				designee;
2. A copy of any written
				submission by the Complainant;
3. A
				copy of any written response by the Respondent or other interested person;
4. A written report of any inquiry
				conducted by employees of the Secretary of State's Office or of any other state
				or local election officials who may not be directly involved in the actions or
				events complained of and may not directly supervise or be directly supervised
				by any Respondent;
5. Copies of all
				notices and correspondence to or from the Secretary of State or his designee in
				connection with the handling of the complaint;
6. Originals or copies of any tangible
				evidence produced at any hearing conducted under this rule;
7. The original tape recording produced at
				any hearing conducted under this rule; and
8. A copy of any final determination made
				under this rule.
The Secretary of State or his designee will review each
				  complaint filed to determine whether the complaint: (a) states a violation of
				  Subchapter III of HAVA; and (b) complies with the other requirements of this
				  rule.
If a complaint fails to state a violation of Subchapter III
				  of HAVA or does not comply with other requirements of this rule, then the
				  Secretary of State or his designee shall dismiss the complaint without further
				  action and notice of the dismissal will be provided to the complainant.
Except as otherwise provided in this rule, a complainant
				  whose complaint has been dismissed pursuant to this section may re-file the
				  complaint within the time set forth in Rule
				  2.4.
A complainant whose complaint has been dismissed for failure
				  to state a violation of Subchapter III of HAVA may re-file the complaint only
				  one time.
The Secretary of State or his designee may, upon agreement of
				  all the parties, resolve the complaint informally, and issue a final
				  determination, without a formal proceeding.
The Secretary of State or his designee may require the
				  parties to submit written briefs on any of the issues involved in the
				  complaint.
Miss. Code Ann. §
										23-15-169;
				  52
				  U.S.C. §
											21112.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 2 - HAVA Complaint Procedure › Rule 1-10-2.6 - Hearing

Current through June 25, 2024
If requested by the Complainant in his complaint or so
				  ordered by the Secretary of State or his designee, and the complaint has not
				  been dismissed or informally resolved pursuant to Rule
				  2.5, the Secretary of State or his
				  designee will schedule a hearing that shall proceed as follows:
A. The hearing may be conducted without
				adherence to requirements of the Mississippi Rules of Civil Procedure or the
				Mississippi Rules of Evidence.
B.
				The hearing shall be conducted no sooner than 10 days and no later than 30 days
				after receipt by the Secretary of State's Office of a complaint containing a
				request for a hearing and shall be set by the Secretary of State or his
				designee. The Secretary of State or his designee shall give at least 5 days
				advance notice of the date, time and place of the hearing:
i. By mail to the Complainant, each
				Respondent (to the addresses set out in the complaint and response) and any
				other interested person who has asked the Secretary of State in writing to be
				advised of the hearing;
ii.  On the
				Secretary of State's website (
www.sos.ms.gov
); and
iii. By posting in a prominent place,
				available to the general public, at the Secretary of State's Office.