reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 10 - Education Institutions and Agencies › Part 681 - Winter-Reed Teacher Loan Repayment Program (WRTR) Rules and Regulations › Chapter 1 - Winter-Reed Teacher Loan Repayment Program (WRTR) Rules and Regulations › Rule 10-681-1.1 - Winter-Reed Teacher Loan Repayment Program (WRTR) Rules and Regulations

Current through June 25, 2024
The William F. Winter and Jack Reed, Sr. Teacher Loan
				  Repayment Program was established by the 2021 Legislature. These Rules and
				  Regulations are promulgated to govern the program and are subject to change by
				  the Mississippi Postsecondary Education Financial Assistance Board (hereinafter
				  referred to as the "Board").
I.
GENERAL ELIGIBILITY
A. The
				applicant must be a U.S. citizen.
B. The applicant must have graduated with a
				bachelor's degree from an institution of higher learning that is regionally
				accredited by the Southern Association of Colleges and Schools (SACS) or a
				comparable accreditation body.
C.
				The applicant must have obtained a standard five-year educator's license from
				the State Board of Education.
D.
				First-time applicants must be first-year teachers, and renewal applicants must
				be second- or third-year teachers.
E. The applicant must teach full-time, as
				defined by the State Board of Education. Qualifying positions include teacher
				and school librarian; invalid positions include, but are not limited to, the
				following: assistant teacher, full-time substitute, high school counselor,
				curriculum specialist or administrator.
F. The applicant must teach full-time for a
				period of not less than one (1) academic year in grades kindergarten through
				twelve (K-12) in a Mississippi public school or public charter
				school.
G. The applicant must have
				outstanding qualifying educational loans, received while pursuing an
				undergraduate degree. Qualifying educational loans obtained while in
				undergraduate school include the principal, interest, and related expenses such
				as the required interest premium on the unpaid balances of government (federal,
				state or local) and commercial loans obtained by the recipient for
				undergraduate educational expenses. Perkins loans and loans attained for
				receiving a master's degree do not qualify for repayment under WRTR.
H. The applicant must not have received funds
				from the William Winter Teacher Forgivable Loan Program (WWTS), William Winter
				Alternate Route Forgivable Loan Program (WWAR), Critical Needs Teacher
				Forgivable Loan Program (CNTP), Critical Needs Alternate Route Teacher
				Forgivable Loan Program (CNAR), or Teacher Education Scholars Forgivable Loan
				Program (TES) as an undergraduate student.
I. The applicant must not presently be in
				default or delinquent on any federal, state, local or commercial qualifying
				educational loan.
Mississippi Administrative Code › Title 10 - Education Institutions and Agencies › Part 683 - Teacher Education Scholars Alternate Route Certification Forgivable Loan (TESA) Rules and Regulations › Chapter 1 - Teacher Education Scholars Alternate Route Certification Forgivable Loan (TESA) Rules and Regulations › Rule 10-683-1.1 - Teacher Education Scholars Alternate Route Certification Forgivable Loan Program (TESA) Rules and Regulations

Current through June 25, 2024
These Rules and Regulations are subject to change by the
				  Mississippi Postsecondary Education Financial Assistance Board (hereinafter
				  referred to as the "Board"). New Teacher Education Scholars Alternate Route
				  Certification Forgivable Loan (TESA) awards will be made subject to the
				  availability of funds, and selection shall be based on a first-come,
				  first-served basis of all eligible applicants.
I.
GENERAL ELIGIBILITY
A. The applicant must meet all eligibility
				requirements and be fully admitted as a regular student and enrolled in one of
				the following alternate route programs approved by the State Board of
				Education:
1. Mississippi Alternate Path to
				Quality Teachers (MAPQT)
2. Teach
				Mississippi Institute (TMI)
3.
				Masters of Arts in Teaching (MAT)
4. American Board for Certification of
				Teacher Excellence (ABCTE)
Mississippi Administrative Code › Title 10 - Education Institutions and Agencies › Part 687 - Nurse Retention Loan Repayment Program (NULR) Rules and Regulations › Chapter 1 - Nurse Retention Loan Repayment Program (NULR) Rules and Regulations › Rule 10-687-1.1 - Nurse Retention Loan Repayment Program (NULR) Rules and Regulations

Current through June 25, 2024
The Skilled Nursing Home and Hospital Nurses Retention Loan
				  Repayment Program was established by the 2023 Legislature. These Rules and
				  Regulations are promulgated to govern the program and are subject to change by
				  the Mississippi Postsecondary Education Financial Assistance Board (hereinafter
				  referred to as the "Board").
I.
GENERAL ELIGIBILITY
A. The
				applicant must be a U.S. citizen and current legal resident of Mississippi.
				Resident status for purposes of receiving NULR under this act shall be
				determined in the same manner as resident status for tuition purposes as set
				forth in Sections
				37-103-1 through
				37-103-29 of Ms. Code Ann., with
				the exception of Section
				37-103-17.
B. The applicant must have obtained a current
				relevant Mississippi professional license.
C. First-time applicants must have gained
				employment within the preceding year for the first time as a full-time licensed
				practical nurse or licensed registered nurse at a skilled nursing home in the
				State of Mississippi or a general acute care hospital in the State of
				Mississippi that is licensed by the Mississippi State Department of
				Health.
D. Renewal applicants must
				be employed as a full-time licensed practical nurse or licensed registered
				nurse at a skilled nursing home in the State of Mississippi or a general acute
				care hospital in the State of Mississippi that is licensed by the Mississippi
				State Department of Health.
E. The
				applicant must work full-time as a licensed practical nurse or licensed
				registered nurse at a single qualified skilled nursing home or general acute
				care hospital in the State of Mississippi for a period of not less than one (1)
				calendar year.
F. The applicant
				must have outstanding qualifying educational loans. Qualifying educational
				loans include the principal, interest, and related expenses such as the
				required interest premium on the unpaid balances of government (federal, state
				or local) and commercial loans obtained by the recipient for postsecondary
				educational expenses.
Perkins loans do not qualify for repayment under
				NULR.
G. The applicant
				must not have received funds from the Nursing Education
Forgivable Loan Program - BSN (NELB), Nursing Education
				  Forgivable Loan Program - RN to BSN (NELR), Nursing Education Forgivable Loan
				  Program - MSN (NELM), Nursing Education Forgivable Loan Program - RN to MSN
				  (NERM), Nursing Education Forgivable Loan Program - PHD/DNP (NELP), Nursing
				  Teacher Stipend Forgivable Loan Program (NTSP) or any other state forgivable
				  loan.
H. The applicant must
				not presently be in default or delinquent on any federal, state, local or
				commercial qualifying educational loan.
Mississippi Administrative Code › Title 10 - Education Institutions and Agencies › Part 691 - Dual Enrollment/Dual Credit Scholarship Rules and Regulations › Chapter 1 - Dual Enrollment/Dual Credit (DEDC) Scholarship Rules and Regulations › Rule 10-691-1.1 - Dual Enrollment/Dual Credit (DEDC) Scholarship Rules and Regulations

Current through June 25, 2024
The Dual Enrollment/Dual Credit Scholarship program was
				  created by the 2023 Mississippi Legislature to provide funds for Mississippi
				  students to earn college credit while still in high school. These Rules and
				  Regulations serve to guide the administration of the program and are subject to
				  change by the Mississippi Postsecondary Education Financial Assistance
				  Board.
I.
GENERAL STUDENT
				ELIGIBILITY
A. The applicant must be a
				current legal resident of Mississippi. Resident status for purposes of
				receiving DEDC shall be determined in the same manner as resident status for
				tuition purposes as set forth in Sections
				37-103-1 through
				37-103-29 of Ms. Code Ann., except
				for Section
				37-103-17.
B. The applicant must be classified as a
				junior or senior and enrolled in a Mississippi public high school or charter
				high school.
C. The applicant must
				be a dual enrolled student as defined in Section
				37-15-38(1)(a) or
				a dual credit student as defined in Section
				37-15-38(1)(b)
				who is enrolled in an eligible course in an eligible, participating public or
				not-for-profit postsecondary institution in Mississippi.
D. The applicant must meet the criteria
				outlined in the published
Procedures Manual for the State of
				Mississippi Dual Enrollment and Accelerated Programs
.
E. The applicant must not be considered an
				"early college" student.
F. The
				applicant must submit the Dual Enrollment/Dual Credit application online at
www.msfinancialaid.org
by the
				deadline date.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Regulations Regarding the Delegation of Authority to the Executive Director of the Mississippi Department of Environmental Quality › Rule 11-1-1.1 - Delegations

Current through June 25, 2024
The Commission delegates the following powers to the
				  Executive Director of MDEQ:
A. To
				employ qualified professional personnel and technical and clerical staff as may
				be required for the operation of the Department.
B. To organize the administrative units of
				the Department and alter such organizational structure and reassign
				responsibilities as he or she may deem necessary to carry out the policies of
				the Commission within the limits of Miss. Code Ann. §
									49-2-7.1
C. To delegate the authority to sign
				Commission Orders to the Chief of Staff, Head of the Office of Pollution
				Control, the Head of the Office of Geology and Energy Resources, the Head of
				the Office of Land and Water Resources and the General Counsel of MDEQ to the
				extent that the Executive Director is allowed to issue Orders pursuant to Miss.
				Code Ann. § 49-2-130).
D. To
				issue Orders in accordance with Miss. Code Ann. §
									17-17-227
				approving or denying in whole or in part Solid Waste Management Plans and/or
				amendments thereof.
E. To issue
				Administrative Orders:
(1) To prohibit,
				control or abate discharges of contaminants and wastes into the air and waters
				of the State.
(2) To require
				appropriate remedial measures to prevent, control or abate air and water
				pollution or to cause the proper management of solid wastes.
(3) To impose penalties which the Respondent
				agrees to pay.
(4) To require
				compliance with permits, laws and regulations.
(5) To issue Emergency Orders pursuant to
				Miss. Code Ann. §
										49-17-27.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Regarding the Review and Reproduction of Public Records › Rule 11-1-2.1 - Authority and Purpose

Current through June 25, 2024
In 1983, the Mississippi Legislature passed the Mississippi
				  Public Records Act ("the Act"), Miss. Code Ann. §§
									25-61-1
				  through
				  25-61-19
				  (Rev. 2010). The purpose of the Act is to provide the public full access to
				  public records concerning the government's conduct.
This document sets forth the rules and procedures that the
				  Mississippi Department of Environmental Quality ("MDEQ"), the Mississippi
				  Commission on Environmental Quality ("Commission"), and the Mississippi
				  Environmental Quality Permit Board ("Permit Board") follow in order to provide
				  full access to public records.
These rules provide information to people wishing to request
				  access to public records of MDEQ and establish processes for both requestors
				  and MDEQ Staff that are designed to best assist members of the public in
				  obtaining such access. The Act and these rules will be interpreted in favor of
				  disclosure. In carrying out its responsibilities of the Act, MDEQ will be
				  guided by the provisions of the Act describing its purposes and interpretation.
Miss. Code Ann.
				  §
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Regarding the Review and Reproduction of Public Records › Rule 11-1-2.2 - Definitions

Current through June 25, 2024
A. "Public body" means any department,
				bureau, division, council, commission, committee, subcommittee, board, agency
				and any other entity of the state or a political subdivision thereof, and any
				municipal corporation and any other entity created by the Constitution or by
				law, executive order, ordinance or resolution. The term "public body" includes
				the governing board of a charter school authorized by the Mississippi Charter
				School Authorizer Board. Within the meaning of this chapter, the term "entity"
				shall not be construed to include individuals employed by a public body or any
				appointed or elected public official.
B. "Public records" means 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 use 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.
Miss. Code Ann.
				  §
										25-61-3
				  (Rev. 2010).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Regarding the Review and Reproduction of Public Records › Rule 11-1-2.3 - Requesting Public Records

Current through June 25, 2024
A. Freedom of
				Information Officer. The Freedom of Information Officer ("FOI Officer"),
				located in MDEQ, is responsible for overseeing compliance with the Act. Persons
				requesting public records maintained by MDEQ must submit a public records
				request to the FOI Officer within the agency. Although the FOI Officer oversees
				compliance with the Act, other staff members may process the request. The
				public records request must be made and addressed specifically to MDEQ and not
				any other agency or other governmental entity.
B. Format of Request. Any person requesting
				public records maintained by MDEQ must make a formal written request to the FOI
				Officer. The formal written request must include the following information:
1. Name of requestor;
2. Address of requestor;
3. Specifics1 on
				the type of information requested;
4. Name of facility (if applicable);
5. City and county where facility
				is located (if applicable);
6.
				Other contact information, including telephone number and any e-mail address;
				and
7. The date and time of day of
				the request.
A variety of records are available on the MDEQ website at
http://www.deq.state.ms.us/mdeq.nsf/page/Main_Home?OpenDocument
and more specifically
http://opc.deq.state.ms.us/default.aspx
.
				  Requestors are encouraged to view the documents available on the web-site prior
				  to submitting a records request.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Regarding the Review and Reproduction of Public Records › Rule 11-1-2.4 - Processing Public Record Requests - General

Current through June 25, 2024
A.
				Providing access. MDEQ 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. Miss. Code Ann. §§
									25-61-1
				and
				25-61-5
				(Rev. 2010). The FOI Officer or his or her designee will process requests in
				the order allowing the most requests to be processed in the most efficient
				manner.
B. Inspection Location and
				Appointment. Public records requests are managed by MDEQ's FOI Officer. When an
				individual submits a written request, the FOI Officer, or his or her designee,
				determines the exact location of the records requested. All records normally
				will be reviewed at the MDEQ office location where the records are housed. If
				an individual seeks to review records that are housed at multiple MDEQ
				locations, the FOI Officer will work with other MDEQ staff and the individual
				requesting the record review to set up an appointment at the appropriate MDEQ
				location.
C. Records. A requestor
				shall not take MDEQ records from MDEQ offices.
If the requestor 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. Pursuant to Rule
				  2.8 of this regulation, standard
				  photocopies will be provided at the approximate cost of searching, reviewing
				  and/or duplicating the public records. The copying fee schedule will be posted
				  at the FOI review room. The copying fee schedule may be amended and adjusted to
				  cover the costs of complying with FOI requests.
D. Acknowledging receipt of request. Within
				seven (7) working days of receipt of the request, the FOI Officer will do one
				or more of the following:
1. Provide a
				reasonable estimate of when records will be available;
2. Request clarification where a request is
				unclear or does not sufficiently identify the requested records. Such
				clarification may be requested and provided by telephone. As a result of a
				clarification, the FOI Officer or his or her designee may revise the time
				estimate of when the requested records will be available;
3. Make the records available for inspection
				or copying in whole or in installments2 (where
				applicable); or
4. Deny the
				request.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Regarding the Review and Reproduction of Public Records › Rule 11-1-2.5 - Processing Public Record 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 requestor requests records in an electronic format,
				the FOI Officer will provide the nonexempt records or portions of such records
				that are reasonably accessible 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
				2.8.
C. Customized access to data bases. With the
				consent of the requestor, MDEQ may provide customized access if the record is
				not reasonably locatable or not reasonably translatable into the format
				requested. MDEQ may charge the actual cost for such customized access.
Miss. Code Ann.
				  §§
										25-61-1,
				  et seq., 25-61-10.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Regarding the Review and Reproduction of Public Records › Rule 11-1-2.6 - 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 documents are exempt from public
				  inspection and copying. In addition, other statutes or rules of law, such as
				  various privacy restrictions, may prohibit disclosure. Requestors should be
				  aware of the following exemptions 
				  3, outside the Public Records Act,
				  that restrict the availability of some documents held by MDEQ for inspection
				  and copying:
A. Attorney work product,
				examination, exemption, see §
									25-1-102.
B. Environmental self-evaluation
				reports, public records act, exemption, see §
									49-2-71.
C. Insurance and insurance
				companies, risk based capital level requirements, reports exemption, see §
									83-5-415.
D. Personnel files exemption, see
				§
									25-1-100.
E. Public records and trade
				secrets, proprietary commercial and financial information, exemption, see
				§§
									75-26-1,
				et seq. and 79-23-1.
F. Workers'
				compensation exemption, see §
									71-3-66.
G. Exemption for records subject
				to privilege, such as Attorney/Client, Physician/Patient, etc.
Some records are exempt from disclosure, in whole or in part
				  as provided in Rule
				  2.4.G.
3 This list is in no way considered to
				  be a complete list of the Public Records Act exemptions that may apply to
				  public records requests.
Miss. Code Ann.
				  §§
										25-61-1,
				  et seq., 25-61-5, 25-61-11.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Regarding the Review and Reproduction of Public Records › Rule 11-1-2.7 - Third Party Information and Trade Secrets

Current through June 25, 2024
A. Confidential
				or exemption claims. When any person files or submits documents with MDEQ 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.
B. Clear Designation. Any document filed with
				MDEQ 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
				confidential4.
C. Confidential Information Claim Request.
				Pursuant to Miss. Code Ann. §§
									17-17-27
				and
				49-17-39,
				citizens and regulated entities providing information to MDEQ can request that
				the information be held confidential and not be made available for public
				inspection; trade secret information or confidential business information that
				does not concern environmental protection may be treated as confidential. This
				protection can be claimed properly, however, only for information that does not
				concern environmental protection. In order to satisfy these statutes, a request
				for confidentiality must be made in the following manner:
1. The request must be made, in writing, at
				the same time the information is submitted to MDEQ;
2. The request must describe the information
				that the requestor would have treated as confidential and must explain the
				reason(s) why the information qualifies for confidential treatment; and
3. The request must allow
				disclosure of the confidential information "to authorized department employees
				and/or the United States Environmental Protection Agency (EPA)."
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Regarding the Review and Reproduction of Public Records › Rule 11-1-2.9 - Review of Denials

Current through June 25, 2024
A. Review by the
				Ethics Commission. Pursuant to Miss. Code Ann. §
									25-61-13,
				if MDEQ 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
.
B. 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
				Miss. Code Ann. §
									25-61-13.
Miss. Code Ann.
				  §§
										25-61-1,
				  et seq., 21-61-13.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act. (Adopted November 17, 2005) › Rule 11-1-3.1 - Description of Mississippi Commission on Environmental Quality and Mississippi Department of Environmental Quality

Current through June 25, 2024
Reference is made to Miss. Code Ann. §§
									49-2-1,
et seq.,
and 49-17-1,
et seq.
. (Rev. 2003),
				  which create and set forth the duties and responsibilities of the Mississippi
				  Commission on Environmental Quality ("Commission") and the Mississippi
				  Department of Environmental Quality ("Department"). The Commission is empowered
				  to formulate environmental policy, adopt and enforce rules and regulations,
				  receive funding, conduct studies for using the State's resources, and discharge
				  duties, responsibilities and powers as necessary. The seven members are
				  appointed by the governor. The Department serves as staff for the Commission.
				  The Department staff is comprised of four (4) divisions: the Office of
				  Administrative Services, the Office of Geology and Energy Resources, the Office
				  of Land and Water Resources, and the Office of Pollution Control. The Executive
				  Director of the Department serves as the Executive Director of the
				  Commission.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  25-43-1.101,
				  et seq., 49-17-17(i), 49-17-25, 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act. (Adopted November 17, 2005) › Rule 11-1-3.2 - Oral Proceedings Will Be Scheduled on Proposed Rules

Current through June 25, 2024
Prior to the adoption, amendment, or repeal of rules and
				  regulations administered by the Department, the Commission shall conduct a
				  public hearing after public notice. Such notice shall be given by publication
				  once a week for three (3) successive weeks in a newspaper having a general
				  circulation throughout the state. The notice shall contain a description of the
				  proposed regulation and the time, date, and place of the
				  hearing.
Miss. Code Ann.
				  §§
										25-43-3.104,
				  25-43-1.101,
				  et seq., 49-17-17(i), 49-17-25, 49-2-1, et seq., and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act. (Adopted November 17, 2005) › Rule 11-1-3.3 - Notification of Oral Proceeding for Proposed Rule-Making

Current through June 25, 2024
. The date, time, and place of all oral proceedings for
				  proposed rule-making shall be filed with the Office of the Secretary of State
				  and, within three (3) days of such filing, mailed to anyone who makes a timely
				  request. The oral proceedings shall be scheduled no earlier than twenty (20)
				  days from the filing of this information with the Office of the Secretary of
				  State. For at least twenty-five (25) days from the filing with the Office of
				  the Secretary of State of the notice of proposed rule adoption, the Commission
				  shall afford persons the opportunity to submit, in writing, argument, data, and
				  any views on the proposed rule.
Miss. Code Ann.
				  §§
										25-43-3.104,
				  25-43-1.101,
				  et seq., 49-17-17(i), 49-17-25, 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act. (Adopted November 17, 2005) › Rule 11-1-3.4 - Presiding Officer

Current through June 25, 2024
The Executive Director of the Department, or his designee
				  who is familiar with the substance of the proposed rule, shall preside at the
				  oral proceeding on a proposed rule.
Miss. Code Ann.
				  §§
										25-43-3.104,
				  25-43-1.101,
				  et seq., 49-17-17(i), 49-17-25, 49-2-1, et seq., and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act. (Adopted November 17, 2005) › Rule 11-1-3.5 - Public Presentations and Participation for Proposed Rule-Making

Current through June 25, 2024
A. At an oral proceeding on a proposed rule,
				persons may make oral statements and may make documentary and physical
				submissions, which may include views, comments, or arguments concerning the
				proposed rule.
B. The presiding
				officer may place time limitations on individual oral presentations when
				necessary to assure the orderly and expeditious conduct of the oral proceeding.
				To encourage joint oral presentations and to avoid repetition, additional time
				may be provided for persons whose presentations represent the views of other
				individuals as well as their own.
C. Persons making oral presentations are
				discouraged from restating matters that already have been submitted in
				writing.
D. There shall be no
				interruption of a participant who has been given the floor by the presiding
				officer, except that the presiding officer may, in his or her discretion,
				interrupt or end the participant's time for presentation where the orderly
				conduct of the proceeding so requires.
Miss. Code Ann.
				  §§
										25-43-3.104,
				  25-43-1.101,
				  et seq., 49-17-17(i), 49-17-25, 49-2-1, et seq., and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act. (Adopted November 17, 2005) › Rule 11-1-3.6 - Conduct of Oral Proceeding for Proposed Rule-Making

Current through June 25, 2024
A.
				Presiding officer. The presiding officer shall have authority to conduct the
				proceeding for proposed rule-making in his or her discretion for its orderly
				conduct. The presiding officer may:
(1) call
				the proceeding to order;
(2) allow
				for a brief synopsis of the proposed rule and a statement of the statutory
				authority for the proposed rule;
(3) call on those individuals who desire to
				speak for or against the proposed rule;
(4) allow for additional statements following
				all participants' comments; and
(5)
				adjourn the proceeding.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act. (Adopted November 17, 2005) › Rule 11-1-3.7 - Persons Who May Request Declaratory Opinions

Current through June 25, 2024
Any person with a substantial interest in the subject matter
				  may request a declaratory opinion from the Commission by following the
				  specified procedures. "Substantial interest in the subject matter" means: an
				  individual, business group, or other entity that is directly affected by the
				  Commission's administration of a statute, rule, or order within its primary
				  jurisdiction.
Miss. Code Ann. §
										§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-17 (i), 47-17-25, 49-2-1, et seq., and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act. (Adopted November 17, 2005) › Rule 11-1-3.8 - Subjects Which May Be Addressed In Declaratory Opinions

Current through June 25, 2024
The Department on behalf of the Commission will issue
				  declaratory opinions regarding the applicability to specified facts of:
A. a statute administered or enforceable by
				the Commission,
B. a rule
				promulgated by the Commission, or
C. an order issued by the Commission.
The Commission will not issue a declaratory opinion regarding
				  a statute, rule, or order which is outside the primary jurisdiction of the
				  agency. "Primary jurisdiction of the agency" means the agency has a
				  constitutional or statutory grant of authority in the subject matter at
				  issue.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-17(i), 49-17-25, 49-2-1, et seq., and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act. (Adopted November 17, 2005) › Rule 11-1-3.10 - Where to Send Requests

Current through June 25, 2024
All requests for declaratory opinions from the Commission
				  must be in writing and mailed, e-mailed, delivered, or transmitted via
				  facsimile specifically to the Executive Director of the Department. The
				  facsimile telephone number for the Department may be found at its website, . No
				  oral or telephone requests or requests for declaratory opinions will be
				  accepted. Requests not directed to the Executive Director of the Department
				  shall not be considered as requests for declaratory opinions under these rules,
				  and a response to such requests shall not be provided.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-17(i), 49-17-25, 49-2-1, et seq., and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act. (Adopted November 17, 2005) › Rule 11-1-3.11 - Name, Address, and Signature of Requestor

Current through June 25, 2024
Each request must include the full name, telephone number,
				  and mailing address of the requestor. All requests shall be signed by the
				  person filing the request, who shall attest that the request complies with the
				  requirements set forth in these rules, including but not limited to, a full,
				  complete, and accurate statement of relevant facts. Such request shall also
				  include the statement that, to the best of the requestor's knowledge, no
				  related proceedings are pending before any other administrative or judicial
				  tribunal. A request must be limited to a single transaction or
				  occurrence.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-17(i), 49-17-25, 49-2-1, et seq., and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act. (Adopted November 17, 2005) › Rule 11-1-3.12 - Question Presented

Current through June 25, 2024
Each request shall contain the following:
A. a clear and concise statement of all facts
				concerning which the opinion is requested, limited to a single transaction or
				occurrence;
B. a citation to the
				statute or regulation or rule at issue;
C. the question(s) sought to be answered in
				the opinion, stated clearly and concisely;
D. the identity of all other, known persons
				involved in or impacted by the described facts, including their relationship to
				the facts, their names, mailing addresses and telephone numbers; and
E. a statement to show that the person
				seeking the opinion has a substantial interest in the subject matter.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-17(i), 49-17-25, 49-2-1, et seq., and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act. (Adopted November 17, 2005) › Rule 11-1-3.13 - Time for Commission's Response

Current through June 25, 2024
Within forty-five (45) days after the receipt of a request
				  which complies with the requirements of these rules, the Department on behalf
				  of the Commission shall:
A. issue a
				written declaratory opinion regarding the specified statute, rule, or order, as
				applied to the particular circumstances described in the request;
B. decline to issue a declaratory opinion,
				stating the reasons therefore; OR
C. agree to issue a declaratory opinion by a
				specified date, which shall be not later than ninety (90) days after receipt of
				the written request.
The forty-five (45) day period for response shall begin
				  running on the State of Mississippi business day on which the request is
				  received by the Executive Director of the Department on behalf of the
				  Commission. A copy of the written declaratory opinion shall be mailed promptly
				  to the requestor. The Department reserves the right to present the declaratory
				  opinion to the Commission for final consideration.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-17(i), 49-17-25, 49-2-1, et seq., and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act. (Adopted November 17, 2005) › Rule 11-1-3.14 - Notice By Commission to Third Parties

Current through June 25, 2024
The Department on behalf of the Commission may, at its
				  discretion, provide notice to any person, agency, or entity that a declaratory
				  opinion has been requested, and it may receive or consider data, facts,
				  arguments, and/or opinions from other persons, agencies, or other entities
				  other than the requestor.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-17(i), 49-17-25, 49-2-1, et seq., and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act. (Adopted November 17, 2005) › Rule 11-1-3.15 - Public Availability of Requests and Declaratory Opinions

Current through June 25, 2024
. Declaratory opinions and requests for declaratory opinions
				  shall be available for public inspection and copying in accordance with the
				  Public Records Act and the Commission's regulations concerning public records
				  requests, known as Title 11, Part 1, Chapter 2. All declaratory opinions and
				  requests shall be indexed by name and subject. Declaratory opinions and
				  requests may be held confidential by the Commission within the provisions of
				  Title 11, Part 1, Chapter 2 regarding confidentiality of records or if the
				  information is exempt from disclosure under the Mississippi Public Records Act
				  or other laws of the State, including but not limited to Miss. Code Ann.
				  §§
									17-17-27(6)
				  and
				  49-17-39
				  (Rev. 2003).
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 25-61-1, et seq., 17-17-27, 49-17-25, 49-17-39, 49-17-41, 49-17-17(i),
				  49-2-1, et seq., 49-17-1, et seq., and 17-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act. (Adopted November 17, 2005) › Rule 11-1-3.16 - Effect of Declaratory Opinions

Current through June 25, 2024
The Commission will not pursue any civil or criminal action
				  against a person who is issued a declaratory opinion from the Executive
				  Director of the Department on behalf of the Commission and who, in good faith,
				  follows the direction given in the opinion and acts in accordance therewith
				  unless a court of competent jurisdiction holds that the opinion is manifestly
				  wrong and without any substantial support. Any declaratory opinion rendered by
				  the Executive Director on behalf of the Commission or the Department shall be
				  binding only on the Department and the Commission and the person to whom the
				  opinion is issued. No declaratory opinion will be used as precedent for any
				  other transaction or occurrence beyond that set of facts described in the
				  original request.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-17(i), 49-17-25, 49-2-1, et seq., and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 4 - Mississippi Environmental Quality Permit Board Delegation of Permitting Authority Pursuant to Miss. Code Ann. Sections 49-17-28(3), 49-17-29(3)(A), 51-3-15(1) And 53-7-41(6) (Adopted October 22, 1996; Revised March 27, 2001; Revised December 14, 2004) › Rule 11-1-4.1 - Definitions

Current through June 25, 2024
As used in these regulations, the following terms shall have
				  the following definitions:
A.
				"Department" shall mean the Mississippi Department of Environmental
				Quality.
B. "Executive Director"
				shall mean the Executive Director of the Mississippi Department of
				Environmental Quality.
C. "Delegated
				Permit" shall mean an air pollution control permit, a water pollution control
				permit, a permit required under the Solid Waste Disposal Law of 1974 (Title 17,
				Chapter 17 of the Mississippi Code Annotated, as amended), a permit to withdraw
				surface water or ground water pursuant to Miss. Code Ann. §
									51-3-1
				through
				51-3-55,
				any related general permit, a water quality certification issued pursuant to
				§ 401 of the federal Clean Water Act and Miss. Code Ann. §
									49-17-28(3)
				or the modification or renewal of any of the permit or certifications listed
				above. However, "Delegated Permit" shall not include any permit for a
				commercial hazardous waste management facility or for a municipal solid waste
				landfill or incinerator, or the modification or renewal of such a permit, or
				any permit which by law must be issued by the Mississippi Commission on
				Environmental Quality.
D. "Delegated
				Surface Mining Permit" shall mean a permit for a surface mining operation
				pursuant to the Mississippi Surface Mining and Reclamation Act (Title 53,
				Chapter 7 of the Mississippi Code Annotated, as amended) including any general
				permit.
E. "Modify," "Modified," or
				"Modification," shall include, but not be limited to, the transfer of any
				rights in a permit from one party to another.
F. "Permit Board" shall mean the Mississippi
				Environmental Quality Permit Board, created by Miss. Code Ann. §
									49-17-28.
Miss Code Ann.
				  §§
										49-17-28(3),
				  49-17-29(3)(A),
				  51-3-15(1)53-7-41(6),
				  49-2-1, et seq., 49-17-1, et seq., 51-3-1, et seq., 53-7-1, et, seq., and
				  17-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 4 - Mississippi Environmental Quality Permit Board Delegation of Permitting Authority Pursuant to Miss. Code Ann. Sections 49-17-28(3), 49-17-29(3)(A), 51-3-15(1) And 53-7-41(6) (Adopted October 22, 1996; Revised March 27, 2001; Revised December 14, 2004) › Rule 11-1-4.3 - Appeal

Current through June 25, 2024
The appeal of any issuance, reissuance, denial,
				  modification, or revocation of a Delegated Permit and the appeal of any
				  issuance, reissuance, denial, recission or cancellation of a Delegated Surface
				  Mining Permit by the Executive Director shall be appealable pursuant to Miss.
				  Code Ann. §
									49-17-29
				  in the same manner as a non-delegated permit or decision of the Permit Board.
				  The time period in which an aggrieved party may file a request for a formal
				  hearing before the Permit Board concerning a Delegated Permit action or a
				  Delegated Surface Mining Permit action taken by the Executive Director or his
				  delegate shall be calculated from the date of the Permit Board meeting at which
				  the decision of the Executive Director or his delegate is accepted by the
				  Permit Board. This time period shall be calculated in the manner prescribed by
				  Mississippi Rule of Civil Procedure 6(a).
Miss. Code Ann.
				  §§
										49-17-28(3),
				  49-17-29(3)(A),
				  51-3-15(1),
				  53-7-41(6),
				  49-2-1, et
				  seq., 49-17-1,et seq., 51-3-1, et seq., 53-7-1, et, seq., and 17-17-1, et
				  seq.