Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2001 › Chapter 01 - STATUTORY AUTHORITY › Open Records Act › Section 30-2001-01-105.00

Current through June 25, 2024
The following regulation is enacted for the purpose of
					 providing reasonable written procedures concerning the cost, time, place, and
					 method of access, under the provisions of the Mississippi Public Records Act of
					 1983 (Open Records Act) [Section
					 25-61-1,
					 et. Seq.]. It is not intended that these procedures shall apply to any public
					 record or other document which is exempt from the provisions of said Act or not
					 covered by the provisions of the Open Records Act.
1. Any individual seeking to inspect, copy,
				  or mechanically reproduce or obtain a reproduction of any public records of the
				  Board should make a written request signed by themselves to be mailed to the
				  Executive Secretary; Mississippi State Board of Chiropractic Examiners; P.O.
				  Box 775; Louisville, Mississippi 39339.
2. The written request must be typed or
				  clearly hand printed on a letter sized piece of paper and shall specify in
				  detail the public records sought. The request should include, if possible, a
				  description of the type of record, dates, title of publication, and other
				  information which may aid in the locating of the record.
3. The written request must specify what the
				  applicant proposed to do with record, i.e., inspect, copy, etc.; state the date
				  and time for the proposed activity; state the number of persons scheduled to
				  participate; and shall provide the name, address, home and office telephone
				  number of the applicant.
4. The
				  executive secretary, upon receipt of any such request, shall review same and
				  determine whether the records sought are exempt under the Mississippi Public
				  Records Act, and shall either produce records or access to records or deny
				  access to or production of the records sought within seven (7) working days of
				  the receipt of the request. If the secretary is unable to produce a public
				  record by the seventh working day after the request is made, the secretary must
				  provide a written explanation to the person making the request, stating that
				  records requested will be produced and specifying with particularity why the
				  records cannot be produced within the seven-day period. Unless there is a
				  mutual agreement of the parties, in no event shall the date for the Board's
				  production of the requested records be any later than fourteen (14) working
				  days from the receipt by the Board of the original request.
5. All inspection, copying or mechanical
				  reproduction shall be done in the office of the Board or such other reasonable
				  place within the State of Mississippi as may be designated by the Board. It
				  shall be the duty of the applicant to contact the Executive Secretary by phone
				  before noon of the first working day preceding the proposed date set out in the
				  application to determine if same is acceptable and, if not, what date and/or
				  time will be substituted.
6. Where
				  possible, nonexempt material will be separated from exempt material and only
				  the exempt material will be withheld.
7. If the Executive Secretary determines that
				  the records requested are exempt or privileged under the law, he shall deny the
				  request and shall send the person making the request a statement of specific
				  reasons for the denial. Such denials shall be kept on file for inspection by
				  any person for three (3) years.
8.
				  The Executive Secretary is authorized to calculate the estimated cost of
				  searching, obtaining from storage, reviewing, shipping and/or duplicating
				  records and to require payment in advance of such estimated charges prior to
				  complying with the request. There shall be a charge of $0.50 per page for each
				  copy. Copies printed on both sides (front and back) shall be considered as two
				  pages for copy charge purposes. Mailing cost shall be calculated at the
				  applicable rate for each such mailing. If request involves notice to be given
				  to a third party, the cost of mailing such notice via certified mail return
				  receipt requested shall be charged to the person requesting such public
				  records. In the event that actual cost of such activity exceeds the estimate,
				  the Executive Secretary is authorized to withhold mailing or delivery of said
				  documents or to delay the inspection until the difference is paid.
9. There shall be no charge for inspection of
				  the current Board records maintained at the Board office. Cost of obtaining
				  records from any state storage facilities and the search for it shall be
				  charged to the applicant.
10. The
				  Executive Secretary may waive any or all of the foregoing requirements related
				  to written notice, time, and method of access prepayment of expenses whenever
				  the determination is made that such waiver would be in the public
				  interest.