reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 9 - Pollution Emergency Response Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Pollution Emergency Response Regulations › Rule 11-9-1.5

Current through June 25, 2024
If the Responsible Party ("RP") is available at the site of
				  a pollution event, or if MDEQ is able to communicate via telephone with the RP,
				  then the RP shall make arrangements to pay the response contractor directly for
				  necessary remedial or clean-up actions. If the RP is not available and if MDEQ
				  is unable to contact the RP during the remedial or clean-up actions, then MDEQ
				  will contract with the response contractor and advance funds from the Pollution
				  Emergency Fund to pay the costs thereof. The RP shall pay the costs of the
				  remedial or clean-up actions to MDEQ within 30 days of being invoiced for such
				  remedial or clean-up actions by MDEQ. Upon receipt of such reimbursed funds
				  from the RP, MDEQ will deposit the funds back into the Pollution Emergency
				  Fund. If the RP is unwilling to assume responsibility for the pollution event
				  and will not pay the invoice(s), MDEQ may seek cost recovery, penalties and an
				  additional amount for the death of wildlife, if applicable, consistent with
				  Miss. Code Ann. §§
									17-17-29(3)
				  and (4) and
				  49-17-43(3) and
				  (4) and the above Rule 1.3 and Rule 1.4. MDEQ
				  may seek injunctive relief pursuant to Miss. Code Ann. §§
									17-17-29(1),
				  49-17-27
				  and
				  49-17-43(2).
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 1 - Responsibilities of the Mississippi Department of Finance & Administration › Rule 12-1-1.1 - Authority

Current through June 25, 2024
This regulation is adopted as a rule to conform to the
				  requirements of Section
				  25-43-2.104
				  of the Mississippi Code of 1972, Annotated as amended, regarding agency
				  organization, method of operation, and where/how the public may obtain
				  information.
Miss. Code Ann §
										25-43-2.104
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 1 - Responsibilities of the Mississippi Department of Finance & Administration › Rule 12-1-1.2 - General Agency Description (required by 25-43-2.104)

Current through June 25, 2024
The Mississippi Department of Finance & Administration
				  (DFA) serves as the primary executive branch agency for fiscal management and
				  maintenance of state facilities. DFA oversees the State's fiscal affairs and
				  the implementation and control of the State's budget as promulgated by the
				  Legislature through appropriation. In addition, the Department administers the
				  state life and health insurance program, tort claims, the unemployment
				  compensation revolving fund, the bond advisory function, and the State's
				  accounting and pre-audit functions. On-going activities also include the
				  Workers' Compensation Insurance Programs for state agencies. The Department
				  affects the powers and duties formerly granted by law to the Office of General
				  Services, including all services of the Bureau of Building, Grounds and Real
				  Property Management, Bureau of Capitol Facilities; Bureau of Purchasing; and
				  the Bureau of Surplus Property.
The Department of Finance & Administration assigns space
				  in state-owned buildings and privately leased and collects rent monies,
				  recommends police protection for property to the various state agencies,
				  determines repair and renovation needs of state properties, and directs
				  contracts for these repairs. Additionally, the Department contracts and equips
				  all buildings required by the State and sells, conveys, or purchases state
				  lands within oversight by the Public Procurement Review
				  Board.
[§
										7-1-25,
				  §
										7-1-255,
				  §
										7-1-257,
				  §
										7-1-401,
				  §
										7-1-403,
				  §
										7-1-451,
				  §
										7-7-2,
				  §
										7-7-3,
				  §
										7-7-9,
				  §
										25-15-5,
				  §
										25-15-303,
				  §
										27-104-5,
				  §
										27-104-7,
				  §
										27-104-31,
				  §
										27-104-101,
				  §
										27-104-103,
				  §
										27-104-107,
				  §
										29-5-2,
				  §
										29-5-77,
				  §
										29-5-79,
				  §
										29-5-81]
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 1 - Responsibilities of the Mississippi Department of Finance & Administration › Rule 12-1-1.3 - Agency Operation

Current through June 25, 2024
DFA is headed by an executive director who is appointed by
				  and serves at the pleasure of the Governor. The appointment is made by the
				  advice and consent of the Senate. The executive director may assign to deputy
				  directors such powers and duties as deemed appropriate to carry out the
				  department's lawful functions. [§
									27-104-101]
DFA has deputy executive directors to assist in carrying out
				  the functions of the department. The duties assigned to the deputies are
				  divided by the financial and administrative functions of the department;
				  however, there is some overlap with each having common functional
				  responsibilities.
There are several offices within DFA. Each office is managed
				  by a director who serves at the pleasure of the executive
				  director.
§
										27-104-5,
				  §
										27-104-101
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 1 - Responsibilities of the Mississippi Department of Finance & Administration › Rule 12-1-1.4 - Requests for Information

Current through June 25, 2024
All requests for information must be submitted in writing
				  and must clearly and specifically identify the information to be requested.
				  Each request must include the full name, telephone number, and mailing address
				  of the requester. The request may be mailed, delivered, or transmitted via fax
				  or email to the following:
Mississippi Department of Finance &
				  Administration
Public Information
P. O. Box 267
Jackson, MS 39205
Phone: 601-359-3402 Fax: 601-359-2405
Email:
publicinformation@dfa.state.ms.us
25-61-1 et
				  seq.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 2 - Administrative Procedure Regulating the Adoption, Amendment, or Repeal of Agency Rules › Rule 12-1-2.1 - Authority

Current through June 25, 2024
This administrative procedure is adopted in accordance with
				  the requirements of Section
				  25-43-1.101
				  et seq. of the Mississippi Code of 1972, as amended.
Miss. Code Ann. §
										25-43-1.101,
				  et seq.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 2 - Administrative Procedure Regulating the Adoption, Amendment, or Repeal of Agency Rules › Rule 12-1-2.2 - Notice of Proposed Rule Action

Current through June 25, 2024
The MS Department of Finance & Administration, as
				  required by Section
				  25-43-1.101
				  of the Mississippi Code of 1972, prior to the adoption, amendment or repeal
				  ("rule action") of any rule that implements, interprets or prescribes law or
				  policy or describes the organization and its procedures and/or practices, shall
				  give at least twenty-five (25) days' notice of its intended action. This notice
				  shall include:
(a) the docket number of
				the proposed rule action;
(b) a
				description of the subjects and issues involved in the rule action;
(c) and a description of how interested
				persons may present their views.
The notice shall be filed by the Mississippi Department of
				  Finance & Administration with the Secretary of State's Office, posted by
				  DFA on its website, and mailed to persons who have made timely request for
				  advance notice of its rule action proceedings.
Miss. Code Ann.
				  §§
										25-43-1.101,
				  25-43-3.103.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 2 - Administrative Procedure Regulating the Adoption, Amendment, or Repeal of Agency Rules › Rule 12-1-2.3 - Emergency Rule Procedure

Current through June 25, 2024
Should the Executive Director of DFA determine that an
				  emergency exists because of an imminent threat to the public, he or she may
				  thereby invoke rule actions with fewer than twenty-five (25) days notice. In
				  any such instances, the DFA must state in writing its reasons for doing so. It
				  may abbreviate or eliminate the rule action notice for a period of not longer
				  than one hundred and twenty (120) days renewable one time for not more than
				  ninety (90) days. After this time, the normal notice procedure would once again
				  apply.
Miss. Code Ann. §
										25-43-3.108.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 2 - Administrative Procedure Regulating the Adoption, Amendment, or Repeal of Agency Rules › Rule 12-1-2.4 - Public Participation

Current through June 25, 2024
Within the twenty-five (25) day notice period, any
				  interested person may submit written data, views, arguments, or other comments
				  for consideration by the DFA prior to adoption of any policy or procedure. Any
				  written comment should refer to the docket number appearing in the heading of
				  the rule action notice and should be addressed to the Office of the DFA. The
				  DFA may choose to extend the time period for submission of
				  comments.
Miss. Code Ann. §
										25-43-3.104.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 2 - Administrative Procedure Regulating the Adoption, Amendment, or Repeal of Agency Rules › Rule 12-1-2.5 - Hearings

Current through June 25, 2024
The DFA may invite interested persons to present their views
				  orally at an informal hearing or participate in any procedure enabling those
				  views to be adequately expressed. An oral proceeding will be conducted in the
				  event that it is requested in writing by a political subdivision, state agency,
				  or ten (10) interested persons. The DFA shall send a notice which fixes a time
				  and place for such a hearing to each party requesting an opportunity to be
				  heard or who submitted written comments. Further, the DFA shall send a notice
				  to all persons who have made timely request of the Office of the DFA for
				  advance notice of its rule action proceedings.
For purposes of law, hearings related to rule action
				  proceedings are to be regarded as informal. Statutory provisions governing
				  formal hearings and adjudicatory proceedings, therefore, do not apply. Any
				  hearing held to solicit feedback regarding a given rule is a non-adversarial
				  fact-finding proceeding. Any rule action taken under this procedure need not be
				  based exclusively on the record of such hearings.
In the event that a hearing is conducted, the DFA may
				  designate a representative to conduct a hearing.
(a) The presiding official shall determine
				all procedural questions, except for those specifically governed by this
				legislation. This includes the maximum number of speakers which can be
				accommodated in a single session and imposing any necessary and reasonable time
				and presentation limitations.
(b)
				Anyone requesting an opportunity to be heard may attend a hearing, with or
				without legal counsel. A hearing participant may submit written comments. They
				may bring experts with them. The length of any presentations, remarks, or
				questions by these persons will also be determined by OSA's presiding
				official.
(c) The obtaining and use
				of experts or other authorities or resource persons is the responsibility of
				the parties attending the meeting. Any person acting in this capacity may be
				questioned by the presiding official.
(d) Any interested party in attendance at a
				public hearing shall have the opportunity to make an oral
				presentation.
(e) The presiding
				official has the authority to exclude data or materials deemed to be improper
				or irrelevant. However, formal rules of evidence and other related judicial
				rules will not apply.
(f) The
				minutes, along with any other pertinent record of the hearing, will be kept in
				the official rules file.
Miss. Code Ann. §
										25-43-3.104.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 2 - Administrative Procedure Regulating the Adoption, Amendment, or Repeal of Agency Rules › Rule 12-1-2.6 - Rule Action Docket

Current through June 25, 2024
The DFA shall keep a rule action docket ledger in which the
				  following shall be entered:
(a) the
				docket number of each proposed rule action;
(b) the date of the notice of the proposed
				rule action;
(c) a short
				description of the proposed rule action;
(d) a short description of the comments
				received stating who made the comment and when it was received;
(e) a description of the final action taken
				concerning the proposed rule action; and
(f) the effective date of the
				action.
Miss. Code Ann. §
										25-43-3.102.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 2 - Administrative Procedure Regulating the Adoption, Amendment, or Repeal of Agency Rules › Rule 12-1-2.7 - Rule File

Current through June 25, 2024
The rule file will contain documents which are public
				  records and which are part of specific rule actions procedures,
				  including:
(a) notices of each proposed
				rule action;
(b) written comments
				and summary of any oral comments received in the event that a hearing is
				conducted;
(c) requests to
				participate in an oral presentation of views;
(d) any requests for extension of
				time;
(e) any grants or denials of
				requests;
(f) minutes or other
				records of informal hearings;
(g)
				final rules;
(h) statements of
				repeal of rules; and
(i) any other
				notice or document relevant to the rule action and the rule action
				proceedings.
Miss. Code Ann. §
										25-43-3.102.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 2 - Administrative Procedure Regulating the Adoption, Amendment, or Repeal of Agency Rules › Rule 12-1-2.8 - Effectiveness of Final Rule Action

Current through June 25, 2024
All timely comments will be considered in taking any final
				  rule action. Copies of all final rule actions shall be provided to all persons
				  who had made timely request for advance notice of the Office of the DFA's rule
				  action proceedings, and to all persons who have submitted written comments
				  regarding the proposed rule action. As stated in Section 25-43-9 of the
				  Mississippi Code of 1972, Annotated, as amended, each rule adopted in its final
				  form is effective thirty (30) days after filing with the Office of the
				  Secretary of State, except if:
(a) a
				later date is required by statute or specified in the rule, in which case the
				later date is the effective date.
(b) in accordance with any constitutional or
				statutory provisions, an emergency rule becomes effective immediately upon
				filing with the Secretary of State's Office as may be necessary because of
				imminent peril to the public health, safety or welfare.
No rule shall become effective prior to the time limits
				  imposed by Section 25-43-9 of the Mississippi Code of 1972, Annotated, as
				  amended.
No rule action is valid unless taken in substantial
				  compliance with this regulatory procedure. Any party believing it is adversely
				  impacted by a proposed rule action may seek review of the final rule action in
				  a court of proper jurisdiction.
Miss. Code Ann.
				  §§
										25-43-1.101,
				  25-43-2.105,
				  25-43-3.113,
				  25-43-9.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 3 - Declaratory Opinions › Rule 12-1-3.1 - Authority

Current through June 25, 2024
This regulation is adopted to conform to the requirements of
				  Section
				  25-43-2.105
				  of the Mississippi Code of 1972, Annotated, as amended.
Miss. Code Ann.
				  §§
										25-43-2.103
				  to
				  25-43-2.105.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 3 - Declaratory Opinions › Rule 12-1-3.2 - Requests for Opinions

Current through June 25, 2024
Any person with direct substantial interest may make a
				  written request for a declaratory opinion as to the applicability to specific
				  circumstances of a statute, rule, or order administered by the agency or within
				  its primary jurisdiction. The term "substantial interest" will include any
				  person with direct involvement in implementing public programs or governmental
				  activities for which the DFA is responsible. The term "primary
				  jurisdiction"means that the agency has a constitutional or statutory grant of
				  authority in the subject matter being considered.
Written requests for opinions may be sent in a letter form or
				  may be e-mailed to the agency according to written website instructions.
Each written request shall:
(a) be set forth the specific facts on which
				the opinion is to be based;
(b) be
				limited to a single transaction or occurrence; and
(c) contain all relevant contact
				information
Miss. Code Ann.
				  §§
										25-43-2.103
				  to
				  25-43-2.105.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 3 - Declaratory Opinions › Rule 12-1-3.3 - Subjects Which may be Addressed

Current through June 25, 2024
The DFA will issue declaratory opinions regarding the
				  application of specified facts to: (1) a statute administered or enforceable by
				  DFA or (2) a rule it has promulgated. The agency will not issue a declaratory
				  opinion regarding a statute or rule which is outside the primary jurisdiction
				  of the agency.
Miss. Code Ann.
				  §§
										25-43-2.103
				  to
				  25-43-2.105.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 3 - Declaratory Opinions › Rule 12-1-3.4 - Circumstances in Which Declaratory Opinions will not be Issued

Current through June 25, 2024
The DFA may, for good cause, refuse to issue a declaratory
				  opinion. The circumstances in which declaratory opinions will not be issued
				  include, but are limited to:
(a) lack
				of clarity concerning the question presented;
(b) pending or anticipated litigation,
				administrative action, or any other adjudication which might either answer the
				question or make an answer unnecessary;
(c) The statute or rule on which a
				declaratory opinion is sought is clear and does not need interpreting to answer
				the question.
(d) The facts
				provided are not sufficient to answer the question presented.
(e) The request fails to contain required
				information.
(f) The requestor
				either lacks substantial interest or the issue is outside the primary
				jurisdiction of the requesting agency.
(g) The requestor is not substantially
				affected by the statute or rule on which the opinion is sought.
(h) The requestor is not faced with an issue
				that requires an answer to be forthcoming.
(i) The question concerns the legal validity
				of a statute or rule.
(j) The
				request is not intended to aid in future conduct, but instead is intended to
				primarily justify past conduct.
(k)
				No clear answer is determinable.
(l) The question involves the application of
				a criminal statute or a set of facts which may constitute a crime.
(m) The answer to the question requires
				disclosure of information which is protected by law from such
				disclosure.
(n) The question is
				currently the subject of an Attorney General's opinion or has been already
				answered in writing by the Attorney General.
(o) A similar request is pending elsewhere,
				whereby a written DFA opinion might constitute the unauthorized practice of
				law.
(p) Issuance of an opinion may
				affect the interests of the State, its officers, and employees in pending or
				anticipated litigation.
(q) The
				question involves eligibility for a license, permit, or other approval and
				there is statutory or regulatory process by which eligibility would be
				determined.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 3 - Declaratory Opinions › Rule 12-1-3.5 - Where to Send Requests

Current through June 25, 2024
All requests must be mailed, delivered or transmitted via
				  facsimile to the DFA. They may also be submitted electronically via e-mail. No
				  oral or telephone requests will be accepted for official
				  opinions.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-2.105.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 3 - Declaratory Opinions › Rule 12-1-3.6 - Agency Response

Current through June 25, 2024
Written agency opinions prepared in response to this rule
				  may be issued by the Executive Director of DFA or by a Deputy Executive
				  Director, with his authorization, by the DFA, or by the director of the
				  division responsible for implementation of the statute, rule, or order. Within
				  forty-five (45) days of receipt of a written request for a declaratory opinion,
				  the agency, in writing, shall:
(a)
				issue an opinion regarding the applicability of the statute, rule, or order in
				question to the specific circumstances;
(b) agree to issue a declaratory opinion by a
				specified time, but no later than ninety (90) days after receipt of the written
				request; or
(c) decline to issue a
				declaratory opinion, stating the reasons for its action.
The forty-five (45) day period shall begin on the first State
				  of Mississippi business day on or after the request is received by
				  DFA.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-2.105.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 3 - Declaratory Opinions › Rule 12-1-3.7 - Opinion Issuance

Current through June 25, 2024
A copy of all opinions prepared in response to a written
				  request for a declaratory opinion must be mailed within three (3) business days
				  of issuance to the requesting person.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-2.105.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 3 - Declaratory Opinions › Rule 12-1-3.8 - Opinion not Final for Thirty Days

Current through June 25, 2024
A declaratory opinion shall not become final until the
				  expiration of thirty (30) days after the issuance of the opinion. Prior to the
				  expiration of thirty (30) days, the DFA may, in his discretion, withdraw or
				  amend the declaratory opinion for any reason which is not arbitrary or
				  capricious. Reasons for withdrawing or amending an opinion include, but are not
				  limited to, a determination that the requestor failed to meet the requirements
				  of the rules or that the opinion contains a legal or factual error. Each
				  opinion letter must state that the date when the opinion is
				  final.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-2.105.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 3 - Declaratory Opinions › Rule 12-1-3.9 - Procedural Rights of Persons Receiving Declaratory Opinions

Current through June 25, 2024
When any person making a request receives a declaratory
				  opinion, to the extent that the facts provided in the request apply to the
				  actual situation, the agency will take no civil or criminal action against that
				  person acting in the same circumstances, who, in good faith follows the
				  direction contained in the opinion. However, if a court of competent
				  jurisdiction, declares the opinion to be manifestly wrong and without
				  substantial support, it shall be null and void.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-2.105.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 3 - Declaratory Opinions › Rule 12-1-3.10 - Third Party Applicability

Current through June 25, 2024
Any declaratory opinion issued by the DFA shall not be
				  binding or effective for any third party or person other than DFA and the
				  person to whom the opinion is issued. It shall not, under any circumstances, be
				  used as a precedent for any other transaction or occurrence beyond the facts
				  and circumstances set forth by the requesting person.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 3 - Declaratory Opinions › Rule 12-1-3.11 - Notice to Specific Third Parties

Current through June 25, 2024
The DFA may give notice to any person, agency or entity that
				  declaratory opinion has been requested and may receive and consider data,
				  facts, arguments and opinions from other persons, agencies, or other entities
				  other than the requestor.
Miss. Code Ann.
				  §§
										7-5-25,
				  25-43-2.103.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 3 - Declaratory Opinions › Rule 12-1-3.12 - Requests for Opinions from the Attorney General

Current through June 25, 2024
The authority of persons to request and receive agency
				  declaratory opinions does not affect the ability of any person authorized to
				  request a legal opinion from the Attorney General under Section
				  7-5-25
				  of the Mississippi Code of 1972, as amended.
Miss. Code Ann.
				  §§
										7-5-25,
				  25-43-2.103.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 1 - Organizational Rules › Chapter 3 - Declaratory Opinions › Rule 12-1-3.13 - Public Access to Declaratory Opinions

Current through June 25, 2024
They will be maintained in comprehensive agency file indexed
				  by name and subject. The file will not include any information deemed to be
				  confidential by statute or exempt from public disclosure as a result of another
				  provision of law. All declaratory opinions and their respective written
				  requests shall be available for public inspection and copying in accordance
				  with the Public Records Act and DFA's public records request procedure, subject
				  to any confidentiality.
25-43-2.102,
				  25-43-2.103
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 2 - Public Records Request Procedures › Chapter 1 - Rules for Accessing Public Documents › Rule 12-2-1.1 - Authority and Purpose

Current through June 25, 2024
Adopted in compliance with the Mississippi Public Records Act
				  of 1983, Miss. Code Ann.
§
										25-61-1
				  thru 25-61-19,
and the Mississippi Ethics Commission's Model for
				  Public Records Rules. All records and portions of records not exempt from
				  disclosure will be made available in accordance with the procedures outlined
				  below.
"It is the policy of the Legislature that public records must
				  be available for inspection by any person unless otherwise provided by this
				  act. Furthermore, providing access to public records is a duty of each public
				  body and automation of public records must not erode the right of access to
				  those records." Section
				  25-61-1,
				  Miss. Code of 1972.
"All public records are hereby declared to be public
				  property, and any person shall have the right to inspect, copy or mechanically
				  reproduce or obtain a reproduction of any public record of a public body in
				  accordance with reasonable written procedures adopted by the public body
				  concerning the cost, time, place and method of access, and public notice of the
				  procedures shall be given by the public body." Section
				  25-61-5,
				  Miss. Code of 1972.
The Act defines "public record" to include "all books,
				  records, papers, accounts, letters, maps, photographs, films, cards, tapes,
				  recordings or reproductions thereof, and any other documentary materials,
				  regardless of physical form or characteristics, having been used, being in use,
				  or prepared, possessed or retained for us in the conduct, transaction or
				  performance of any business, transaction, work, duty or function of any public
				  body, or required to be maintained by any public body." Section
				  25-61-3(b).
The purpose of these rules is to establish the procedures the
				  DFA will follow in order to provide full access to public records. These rules
				  provide information to persons wishing to request access to public records of
				  the DFA and establish processes for both requestors and the DFA staff that are
				  designed to best assist members of the public in obtaining such access.
The purpose of the Act is to provide the public full access
				  to public records concerning the conduct of government. The Act and these rules
				  will be interpreted in favor of disclosure.
In carrying out its responsibilities under the Act, the DFA
				  will be guided by the provisions of the Act describing its purposes and
				  interpretation.
Miss Code Ann. §
										25-61-1,
				  §
										25-61-5
				  & §
										25-61-3(b)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 2 - Public Records Request Procedures › Chapter 1 - Rules for Accessing Public Documents › Rule 12-2-1.2 - About the DFA

Current through June 25, 2024
The Mississippi Department of Finance and Administration is
				  composed of eighteen (18) offices with a total staff of approximately 420
				  employees. The agency's primary responsibility is the administration and
				  oversight of the State's financial and administrative operations. This includes
				  supervision over purchasing, accounting, budgeting, travel, employee payroll,
				  vendor payments, State health insurance, building construction and maintenance,
				  surplus property, State Capitol police and security of State buildings, the
				  State's fleet of vehicles and aircraft, and other related areas.
(a)
Locations:
DFA Main Office
DFA Surplus Property
DFA MS Management & Reporting System
501 North West Street
3157 Highway 468W
210 East Capitol Street
Suite 1301A
Pearl, MS 39208
Suite 1400
Jackson, MS 39201
Jackson, MS 39201
(b)
How to File a Request
Any person wishing to request access to public records of the
				  DFA, or seeking assistance in making such a request should contact the DFA
				  Director of Communications. All requests to examine, copy, or obtain public
				  records from the DFA must be in writing** and delivered to the DFA via mail,
				  email or in person. The request should provide as much detail as possible about
				  the records being requested, include the preferred format (paper copy, flash
				  drive, electronic or inspection) and must include the name, address, and
				  contact information of the requester including email address and phone number.
				  Requests should be sent to:
Mississippi Department of Finance and Administration
Office of Communications
RE: PUBLIC RECORDS REQUEST
501 North West Street, Suite 1301A
Jackson, MS 39201
Via email: info@dfa.ms.gov Via facsimile: 601.359.2405
This information is also available on the DFA web site
				  at
www.dfa.ms.gov.
The Director of Communications will oversee compliance with
				  the Act but another DFA staff member may process the request. Therefore, these
				  rules will refer to the Director of Communications "or designee." The Director
				  of Communications or designee and the DFA will provide the "fullest assistance"
				  to requester; ensure that public records are protected from damage or
				  disorganization; and prevent fulfilling public records requests from causing
				  excessive interference with essential functions of the DFA.
Miss Code Ann. §
										25-61-5
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 2 - Public Records Request Procedures › Chapter 1 - Rules for Accessing Public Documents › Rule 12-2-1.3 - Availability of Public Records

Current through June 25, 2024
(a)
Hours for
				inspection of records
. Public records are available for inspection and
				copying during normal business hours of the DFA, Monday through Friday, 8:00
				a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the
				office of the DFA. The time, place and manner of inspection and copying of
				records will not be allowed to interfere with other essential duties of the
				DFA.
(b)
Organization of
				records.
The DFA will maintain its records in a reasonably organized
				manner, subject to the rules of record retention. The DFA will take reasonable
				actions to protect records from damage and disorganization. A requester shall
				not take the DFA records from the DFA offices. A variety of records is
				available on the DFA web site at
www.dfa.ms.gov
and at
www.transparency.mississippi.gov.
Requesters are encouraged to view the documents available on the web site prior
				to submitting a records request.
(c)
Making a request for public
				records.
Any person wishing to inspect or copy public records of the DFA
				should make the request in writing on the DFA request form, or by letter, fax,
				or e-mail addressed to the Director of Communications and including the
				following information:
1. Name of
				requester;
2. Address of
				requester;
3. Other contact
				information, including telephone number and any e-mail address;
4. Identification of the public records
				adequate for the Director of Communications or designee to locate the records;
				and
5. The date and time of day of
				the request.
If the requester wishes to have copies of the records made
				  instead of simply inspecting them, he or she should so indicate and make
				  arrangements to pay for copies of the records or a deposit. Pursuant to Rule
				  1.8. Costs of Providing Public Records of this policy, standard 8 ½" X
				  11" photocopies will be provided at $.25 a page. (See No. 8 Costs of Providing
				  Public Records for additional costs and charges).
A form is available for use by requesters at the office of
				  the Director of Communications and online at
www.dfa.ms.gov.
The Director of Communications or designee may accept
				  requests for public records that contain the above information by telephone or
				  in person. If the Director of Communications or designee accepts such a
				  request, he or she will confirm receipt of the information and the substance of
				  the request in writing.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 2 - Public Records Request Procedures › Chapter 1 - Rules for Accessing Public Documents › Rule 12-2-1.4 - Processing of public records requests- General

Current through June 25, 2024
(a)
Providing access.
The DFA acknowledges that "providing access to
				public records is a duty" and that "any person shall have the right to inspect,
				copy or mechanically reproduce or obtain a reproduction of any public record"
				in accordance with these policies. Sections
				25-61-1
				and
				25-61-5.
				The Director of Communications or designee will process requests in the order
				allowing the most requests to be processed in the most efficient
				manner.
(b)
Acknowledging
				receipt of request.
Within seven business days of receipt of the
				request, the Director of Communications will do one or more of the following:
1. Make the records available for inspection
				or copying;
2. If copies are
				requested and payment of a deposit for the copies, if any, is made or terms of
				payment are agreed upon, send the copies to the requester;
3. Provide a reasonable estimate of when the
				records will be available; or
4. If
				the request is unclear or does not sufficiently identify the requested records,
				request clarification from the requester. Such clarification may be requested
				and provided by telephone. The Director of Communications or designee may
				revise the estimate of when records will be available; or
5. Deny the request.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 2 - Public Records Request Procedures › Chapter 1 - Rules for Accessing Public Documents › Rule 12-2-1.5 - Processing of public records requests - Electronic records

Current through June 25, 2024
(a)
Requesting electronic
				records.
The process for requesting electronic public records is the
				same as for requesting paper public records.
(b)
Providing electronic
				records.
When a requester requests records in an electronic format, the
				Director of Communications will provide the nonexempt records or portions of
				such records that are reasonably locatable in an electronic format that is used
				by the public body and is generally commercially available, or in a format that
				is reasonably translatable from the format in which the public body keeps the
				record. Costs for providing electronic records are governed by Rule
				1.8.
(c)
Customized access to
				data bases.
With the consent of the requester, the DFA may provide
				customized access if the record is not reasonably locatable or not reasonably
				translatable into the format requested. The DFA may charge the actual cost for
				such customized access.
Miss Code Ann. §
										25-61-3
				  & §
										25-61-5
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 2 - Public Records Request Procedures › Chapter 1 - Rules for Accessing Public Documents › Rule 12-2-1.6 - Exemptions

Current through June 25, 2024
The Public Records Act, as well as other statutes and court
				  decisions, provide that a number of types of records are exempt from public
				  inspection and copying. In addition, other statutes or rules of law, such as
				  various privacy restrictions, may prohibit disclosure. Requesters should be
				  aware of the following exemptions, outside the Public Records Act, that
				  restrict the availability of some records held by DFA for inspection and
				  copying:
(a)
Academic records
				exempt from public access, see §
										37-11-51.
(b)
Appraisal records exempt from
				access, see §
										31-1-27.
(c)
Archaeological records exempt from
				public access, see §
										39-7-41.
(d)
Attorney work product, examination,
				exemption, see §
										25-1-102.
(e)
Birth Defects Registry, see §
										41-21-205.
(f)
Bureau of vital statistics, access
				to records, see §
										41-57-2.
(g)
Charitable organizations,
				registration information, exemption from public access, see §
										79-11-527.
(h)
Concealed pistols or revolvers,
				licenses to carry, records, exemption, see §
										45-9-101.
(i)
Confidentiality, ambulatory
				surgical facilities, see §
										41-75-19.
(j)
Defendants likely to flee or
				physically harm themselves or others, see § 41- 32-7.
(k)
Environmental self-evaluation
				reports, public records act, exemption, see §
										49-2-71.
(l)
Hospital records, Mississippi
				Public Records Act exemption, see §
										41-9-68.
(m)
Individual tax records in
				possession of public body, exemption from public access requirements, see
				§
										27-3-77.
(n)
Insurance and insurance companies,
				risk based capital level requirements, reports, see
§
										83-5-415.
(o)
Judicial records, public access,
				exemption, see §
										9-1-38.
(p)
Jury records exempt from public
				records provisions, see §
										13-5-97.
(q)
Licensure application and
				examination records. exemption from Public Records Act, see
§
										73-52-1.
(r)
Medical examiner, records and
				reports, see §
										41-61-63.
(s)
Personnel files exempt from
				examination, see §
										25-1-100.
(t)
Public records and trade secrets,
				proprietary commercial and financial information,
exemption from
				public access, see §
										79-23-1.
(u)
Workers' compensation, access to
				records, see §
										71-3-66.
(v)
Records subject to privilege, such
				as Attorney/Client, Physician/Patient, etc.
Miss Code Ann. §
										25-61-11
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 2 - Public Records Request Procedures › Chapter 1 - Rules for Accessing Public Documents › Rule 12-2-1.7 - Third Party Information

Current through June 25, 2024
When any person files or submits documents with the DFA which
				  the filer contends are exempt from disclosure under the Public Records Act, the
				  filer shall provide a written statement at the time of filing which shall
				  describe the documents filed and which shall fully explain why the documents
				  are designated as exempt from disclosure and must specifically cite any statute
				  or other legal authority in support of such designation. Such written statement
				  shall itself be a public record subject to disclosure.
Any document filed with the DFA which contains trade secrets
				  or confidential commercial or financial information subject to the protection
				  of any applicable law or court decision shall be clearly designated as such by
				  the filer on its face and accompanying cover letter at the time of filing and
				  shall be placed in an envelope other than white. Each page of each document
				  shall be marked CONFIDENTIAL. Upon request to inspect or copy any document so
				  designated, the DFA shall notify the person who filed the document. Thirty (30)
				  days after such notice, the document will be made available for public
				  inspection or copying unless the filer shall have obtained a court order
				  protecting such records as confidential pursuant to Section
				  25-61-9,
				  Miss. Code Ann. of 1972.
Any person filing documents with the DFA shall, prior to
				  filing, redact from the documents any social security numbers, account numbers
				  or dates of birth not required to be listed. The DFA shall determine on a
				  case-by-case basis whether similar information may be redacted by the filer to
				  prevent identity theft. In no event will the DFA bear any responsibility for a
				  filer's failure to redact such information which leads to or may lead to
				  identity theft or other crime or loss.
Failure by the third party to clearly identify trade
				  secrets or confidential commercial or financial information on a different
				  color paper than non-confidential pages will result in that information being
				  released subject to a public records request.
Miss Code Ann. §
										25-61-9
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 2 - Public Records Request Procedures › Chapter 1 - Rules for Accessing Public Documents › Rule 12-2-1.9 - Review of denials of public records

Current through June 25, 2024
(a)
Petition
				for internal administrative review of denial of access.
Any person who
				objects to the initial denial or partial denial of a records request may
				petition in writing (including e-mail) to the Director of Communications for a
				review of that decision. The petition must include a copy of or reasonably
				identify the written statement by the Director of Communications or designee
				denying the request.
(b)
Consideration of petition for review.
The Director of
				Communications must promptly provide the petition and any other relevant
				information to the Executive Director of DFA or his or her designee. For
				immediate consideration of the petition and either affirmation or reversal of
				the denial within two business days following the DFA's receipt of the
				petition, or within such other time as the DFA and the requester mutually agree
				to.
(c)
Opinion by the Ethics
				Commission.
Pursuant to Section
				25-61-13,
				if the DFA denies a requestor access to public records, the requestor may ask
				the Ethics Commission to review the matter. The Ethics Commission has adopted
				rules on such requests. They may be found at
www.ethics.state.ms.us.
(d)
Judicial review.
Any person
				whose request for public records was denied may institute a suit in the
				Chancery Court of Hinds County, seeking to reverse the denial, as set forth in
				Section
				25-61-13.
Miss Code Ann. §
										25-61-13
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 2 - Public Records Request Procedures › Chapter 1 - Rules for Accessing Public Documents › Rule 12-2-1.10 - Public Information via the Internet

Current through June 25, 2024
Frequently requested information, including many standard
				  records are available free of charge on the DFA website at
www.dfa.ms.gov.
In addition,
				  information on the state budget, expenditures, travel, contracts, leases,
				  workforce and grants is available free of charge attransparency.ms.gov.
Click
				  Here To View Image
Miss Code Ann. §
										25-61-5
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 2 - Public Records Request Procedures › Chapter 1 - Rules for Accessing Public Documents › Attachment 12-2-1-A - Schedule of Documents

Current through June 25, 2024
Attachment A: Schedule of
						  Documents
Standard Documents
Document
Paper (includes book rate postage)
Diskette or CD (Microsoft Office)
SAAS Manuals (each)
Actual cost to reproduce
Actual cost to reproduce
SPAHRS Manuals (each)
Actual cost to reproduce
Mississippi Agency Accounting Policies & Procedures
						  Manual (MAPP)
Actual cost to reproduce
Actual cost to reproduce
MMRS Training Materials and Job Aides
Actual cost to reproduce
Actual cost to reproduce
Consolidated Annual Financial Report
$25.00
$15.00
RFP's from the Office of Purchasing & Travel
Actual Cost to reproduce
Actual cost to reproduce
RFP's from the Bureau of Building
Actual Cost to reproduce
Actual cost to reproduce
Special Reports
Evaluation and Research Payment (Includes staff time
						  & computer processing)
$15.00 per hour 1 Hour Minimum
In-house photocopies, per page
$0.25 8 ½ x 11" $0.35 8 ½ x 14" $0.75 11"
						  x 17"
Postage, UPS, Federal Express, etc.
Actual cost
Temporary agency personnel
Actual cost
Reproduction cost by outside print facility
Actual cost
Acceptable Forms of Payment
Payments are to be made to the Department of Finance
						  & Administration.
Cash and personal checks are not accepted.
Acceptable forms are listed below:
Corporate Checks
Certified Checks
Money orders
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 2 - Public Records Request Procedures › Chapter 2 - Rules for accessing Outstanding, Unpaid Warrants › Rule 12-2-2.1 - Authority and Purpose

Current through June 25, 2024
Adopted in compliance with authority granted to the State
				  Fiscal Officer, pursuant to the authority granted to the State Fiscal Officer
				  at Mississippi Code Ann. §
									7-7-1 et seq.
The primary policy goals of the State Treasurer developed in
				  coordination with the State Fiscal Officer, pursuant to the authority granted
				  to the State Fiscal Officer at Mississippi Code Ann. §
									7-7-1 et seq., are to
				  honor all valid warrants issued in the name of the State of Mississippi and to
				  ensure to the fullest extent practicable that appropriate warrant recipients
				  receive the full value of each instrument. All outstanding, unpaid warrants are
				  exempt from disclosure in accordance with the stated policy below.
Mississippi Code Ann.,
				  §
										7-7-1 et seq.,
				  Mississippi Code Ann. §
										89-12-23
				  and §
										89-12-27.