Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 02 - Public Records Request › Public Records Procedure › Section 2-701-02-100 › Section 2-701-02-100.03 - Availability of Records

Current through June 25, 2024
a. The availability
					 of all records in the possession of the Board shall be subject to the following
					 limitations:
i. Any public record
					 specifically declared to be confidential, privileged or exempt by the Act, or
					 any constitutional or statutory law or decision of a court of this state or the
					 United States shall be exempt from the provisions of the Act.
ii. Any records furnished to the Board which
					 contains trade secrets or confidential commercial or financial information
					 shall not be subject to inspection, examination, copying or reproduction until
					 forty-five (45) days following written notice from the Board to the person or
					 entity furnishing such records advising that a request has been received for
					 copies of such documents. The notice shall contain a listing of specific
					 documents requested and the name and address of the person requesting such
					 documents or records. Notices shall be mailed certified mail return receipt
					 requested. At the end of the forty-five (45) day notice period, copies of all
					 records listed in said notice shall be released to the person requesting such
					 records unless the person or entity furnishing such records shall have obtained
					 a court order protecting such records as confidential and exempting such
					 records from the provisions of the Act.
iii. Personnel records and applications for
					 employment or respecting admission to any educational agency or institution in
					 the possession of the Board, except those which may be released to the person
					 who made the application or released upon the prior written consent of the
					 person who made the application, shall be exempt from the provisions of the
					 Act.
iv. Test questions and answers
					 in the possession of the Board shall be exempt from the provisions of the Act.
v. Records which represent and
					 constitute the work product of any attorney, district attorney or county
					 prosecuting attorney representing the Board and which are related to litigation
					 made by or against the Board or in anticipation of prospective litigation,
					 including all communications between such attorney made in the course of an
					 attorney-client relationship shall be exempt from the provisions of the
					 Act.
vi. Records in possession of
					 the Board, which would disclose information about a person's or entity's, tax
					 payment or status shall be exempt from the provisions of the Act.
vii. Information or records in the possession
					 of the Board which concerns the sale or purchase of real or personal property
					 for public purposes shall be exempt from the provisions of the Act, prior to
					 public announcement of the purchase or sale, where the release of such records
					 could possibly have a detrimental effect on such sale or purchase.
viii. Records in the possession of the Board
					 which are not otherwise protected by law, that (a) are compiled in the process
					 of detecting and investigating any unlawful activity or alleged unlawful
					 activity, disclosure of which would harm such investigation; (b) would reveal
					 the identify or informants; (c) would prematurely release information that
					 would impede the Board's enforcement, investigation or detection efforts in
					 such proceedings; (d) would disclose investigatory techniques; (e) would
					 deprive a person of a right to a fair trial or impartial adjudication; (f)
					 would endanger the life or safety of any Board member or personnel; (g) are
					 matters pertaining to quality control or PEER review activities, shall be
					 exempt from the Act.
ix.
					 Applications for licensure or test questions that are to be used in future
					 license examinations in the possession of the Board, except that which may be
					 released to the person who made the application or with the prior written
					 consent of the person who made the application, shall be exempt from the
					 provisions of the Act.
x.
					 Commercial and financial information or records of a proprietary nature
					 required to be submitted to the Board by a firm, business, partnership,
					 association, corporation, individual or other like entity, shall be exempt from
					 the Act.
xi. Records in the
					 possession of the Board as defined by Section 2(b) of the Act, which are not
					 otherwise protected by law, that are compiled by reason of inspection or
					 investigation of specific facilities, organizations, or devices pursuant to any
					 law requiring such inspections or investigations to determine, insure, or
					 enforce compliance with such law, shall be exempt from the provisions of the
					 Act.
xii. All records in the
					 possession of the Board not specifically exempt as a public record by the Act,
					 or this Regulation, shall be made available upon written request within seven
					 (7) working days from the date of receipt of said request. All requests must
					 include a specific description, identity and name of the records requested. If
					 the Board is unable to produce a public record by the seventh working day after
					 the request is made, the Board must provide a written explanation to the
					 requestor stating that the record requested will be produced, unless exempt by
					 law, and specifying with particularity why the records cannot be produced
					 within the seven-day period. Unless there is mutual agreement of the requestor
					 and the Board, in no event shall the date for the Board's production of the
					 requested records be any later than fourteen (14) working days from the receipt
					 by the Board of the original request. If the requestor and the Board agree, a
					 response period of longer than fourteen (14) working days from the receipt of
					 the request shall be allowed. If the request is denied, the Board shall notify
					 the requestor in writing that the request is denied and provide the specific
					 reason or exemption relied upon by the Board for the
					 denial.