reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.22 - Procedure

Current through June 25, 2024
1. At the time of initial registration or
				upon registration following noncompliant status, the responsible agency is
				required to inform the offender of his duties to register and have the offender
				read and sign the
Acknowledgement of Convicted Sex Offender's Duty to
				Register
form
.
This form clearly states the following
				as a duty of registration:
a. If you volunteer
				with an organization in which volunteers have direct, private or unsupervised
				contact with minors, you are required to notify the organization in writing at
				the time of volunteering that you have been convicted of a sex
				offense.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.23 - Relief From Duty to Register Policy

Current through June 25, 2024
Miss. Code Ann.
§
									45-33-47
				  sets forth the requirements for a sex offender with the duty to register to
				  petition for relief from the duty. It also sets forth the requirements for
				  lifetime registration for sex offenders.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.24 - Petition for Relief from Duty to Register

Current through June 25, 2024
1.
Miss.
				Code Ann.
§
									45-33-47
				states that a sex offender with the duty to register under
Miss. Code
				Ann.
§
									45-33-25
				can be relieved of the duty to register as follows. The offender may petition
				the court of the sentencing jurisdiction for relief from the duty to register
				as set forth in
Miss. Code Ann.
§
									45-33-47
				if the offender has maintained registration in Mississippi for not less than
				ten (10) years from the most recent date of occurrence of one of the following:
a. release from prison,
b. placement on parole, or
c. supervised release or probation.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.25 - Lifetime Registration Requirements

Current through June 25, 2024
1. If an offender
				has been convicted of one (1) of the following offenses, the offender is
				subject to lifetime registration and shall not be relieved of the duty to
				register:
a. Rape (
Miss. Code
				Ann.
§
										97-3-65)
b. Rape and assault with intent to ravish
				(
Miss. Code Ann.
§
										97-3-71)
c. Sexual battery (
Miss. Code
				Ann.
§
										97-3-95)
d. Exploitation of children (
Miss.
				Code Ann.
§
										97-3-33(1)
				(2))
e. Carnal knowledge of a stepchild, adopted
				child, or child of a cohabiting partner (
Miss. Code Ann.
§
										97-5-41)
f. Any conviction for violation of a similar
				law of another jurisdiction
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.26 - Public Requests for Information Policy

Current through June 25, 2024
In compliance with federal and state law, the MSOR releases
				  relevant registration information to members of the public upon request. Only
				  information regarding convicted offenders is released. The name of the victim
				  is NOT released under any circumstances.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.27 - Summary of Legal Requirements

Current through June 25, 2024
The law states the information that may be released to the
				  public includes:
1. Name
2. Address
3. Photograph, if available
4. Date of photograph
5. Hair and eye color
6. Sex
7. Race
8. Date of birth
9. Place of employment
10. Crime for which convicted
11. Date and place of conviction,
				and
12. Any other information
				deemed necessary for the protection of the public.
Miss. Code Ann. §
										45-1-3
Statutory Authority:
				  Miss. Code Ann. §
										45-33-49
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.28 - Procedure

Current through June 25, 2024
Information is released to the public in one of several
				  ways:
1. The sheriff of each county is
				required to keep current information on sexual offenders residing in that
				county and to make it available to any person upon request as specified in
Miss. Code Ann.
§
									45-33-49.
2. Individuals may request the information in
				writing from the MSOR.
3. The
				public may access information maintained on the MSOR web site on the Internet
				at the following address:
www.sor.mdps.state.ms.us
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.29 - Written Requests

Current through June 25, 2024
When the Department receives a written request for
				  information via U.S. mail or MSOR email, the staff ensures the information that
				  is requested can be released and then obtains it from the MSOR. If the request
				  is for information regarding a specific offender, a Public Flier is printed
				  from that offender's record. If the request is for all individuals in a
				  specified city or county, that specific report is generated, if it is
				  available. In each case, the staff records the request and sends the
				  information to the requestor.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.30 - Telephone Requests

Current through June 25, 2024
1. There is a
				designated "hot line" telephone line for the MSOR. All incoming and outgoing
				calls made on this line are recorded and maintained on file at DPS. If a
				request for information is made over the telephone, the staff directs the
				requestor to submit the request in writing.
2. Note: All information provided upon
				written request is based on a NAME SEARCH ONLY.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.31 - Offender Information Request Policy

Current through June 25, 2024
1. In compliance
				with federal and state law, the MSOR releases relevant registration information
				to a registered offender upon request. Only information regarding convicted
				offenders is released.
2. The law
				states the information that may be provided includes:
a. Name
b. Address
c. Photograph, if available
d. Date of photograph
e. Hair and eye color
f. Sex
g. Race
h. Date of birth
i. Place of employment
j. Crime for which convicted
k. Date and place of conviction,
				and
l. Any other information deemed
				necessary for the protection of the public.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.32 - Procedure

Current through June 25, 2024
1. If an offender requests information about
				his or her record by telephone, the MSOR staff first informs the offender of
				the MSOR website address. If the offender does not have access to a computer,
				the staff instructs the offender to submit the request in writing. Upon receipt
				of the written request, the staff records the request in the offender's file
				and prints the Public Flier from the offender's record in the MSOR. The flier
				is mailed to the offender making the request.
2. If the offender requests to view his file,
				he must submit the request in writing. Upon receipt of the request, the MSOR
				Director responds by letter scheduling a time and location to meet at the
				Department of Public Safety headquarters. The offender is required to provide
				personal identification information, including a set of fingerprints, at the
				meeting. The prints are checked to verify his/her identity. The offender is
				then allowed to review the contents of the file in his presence of the MSOR
				Director or other designated Departmental employee.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.33 - Campus Notification Policy

Current through June 25, 2024
To comply with the Campus Sex Crimes Prevention Act
				  (otherwise known as the Clery Act), the State of Mississippi requires sex
				  offenders to submit information regarding any employment, enrollment, vocation
				  or volunteer work at any school in Mississippi to include institutions of
				  higher learning, professional institutes, educational/trade schools, and
				  primary or secondary schools. The offender is required to provide the name of
				  the institution or school at which the offender is employed, carries on a
				  vocation (with or without compensation) or is enrolled as a student.
Miss. Code Ann. §
										45-1-3
Statutory Reference:
				  Miss. Code Ann. §
										45-33-25(2)(r),
				  45-33-29(2),
				  45-33-35.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.35 - Exemptions for Expunction Policy

Current through June 25, 2024
Except for juvenile criminal history information that has
				  been sealed by order of the court, expunction of sex offense convictions is
				  prohibited by law.
Miss. Code Ann. §
										45-1-3
Statutory Authority:
				  Miss. Code Ann. §
										45-33-55
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.36 - Sheriff Annual Reconciliation Policy

Current through June 25, 2024
The sheriffs' offices shall be responsible for verifying
				  their respective registries annually against the Department's
				  records.
Miss. Code Ann. §
										45-1-3
Statutory Authority:
				  Miss. Code Ann. §
										45-33-49(3)
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.37 - Procedure

Current through June 25, 2024
Each year, the MSOR generates a list of all registered
				  offenders residing in each county and forwards it to each sheriff in the state.
				  The sheriff is responsible for comparing the MSOR-generated list with the
				  information maintained at the county level to ensure the information is
				  current, accurate and in agreement at both levels. The sheriff must notify the
				  Center of any discrepancies or changes in Registry
				  information
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 13 - Silencer Registration › Rule 31-2-13.1 - Silencer Registration Policy

Current through June 25, 2024
1. All instruments
				or devices which, if used on firearms of any kind, will arrest or muffle the
				report of that firearm when it is shot or fired, or armor piercing ammunition,
				as defined by federal law, must be registered with the Department of Public
				Safety. Any law enforcement agency which possesses any of these instruments or
				devices must submit an annual inventory of them to DPS.
2. The law further states that it is unlawful
				for any person, persons, corporation, or manufacturing establishment which is
				not authorized by federal law to make, manufacture, sell or possess any such
				instrument or armor piercing ammunition.
Miss. Code Ann.
				  §§
										45-1-3
				  and
				  97-37-31
Statutory Authority:
				  Miss. Code Ann. §
										97-37-31
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 13 - Silencer Registration › Rule 31-2-13.2 - Procedure

Current through June 25, 2024
1. Any person, sole proprietorship,
				partnership, corporation or law enforcement agency which makes, manufactures,
				sells or possesses any firearm suppressor or silencer must contact the DPS and
				request an application for registration of silencer or of armor piercing
				ammunition. A copy of the State Firearm Silencer/Suppressor Registration form
				is included in Section 13.0.1.
2.
				The requestor must fully complete the application, sign and date it, and submit
				it to the Center. The Records Unit of the Center receives and date stamps the
				application and enters it into the "State Firearm Silencer Registration
				Database." The application is filed by registrant's name.
Miss. Code Ann.
				  §§
										45-1-3
				  and
				  97-37-31
Mississippi Administrative Code › Title 31 - Public Safety › Part 3 - DRIVER SERVICES AND CRIMINAL INFORMATION CENTER RULEMAKING ORAL PROCEEDINGS ADMINISTRATIVE CODE › Chapter 1 - Rulemaking Oral Proceedings › Rule 31-3-1.1 - Model Rules

Current through June 25, 2024
This chapter consists of model rules for oral proceedings
				  held to provide the public an opportunity to comment on submissions made under
				  the Administrative Procedures Act and the Rules in this Title. The Secretary of
				  State's Office is required to provide these model rules under
Miss.
				  Code Ann
. §
									25-43-2.105.
				  Agencies are not required to adopt these model rules.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 3 - DRIVER SERVICES AND CRIMINAL INFORMATION CENTER RULEMAKING ORAL PROCEEDINGS ADMINISTRATIVE CODE › Chapter 1 - Rulemaking Oral Proceedings › Rule 31-3-1.2 - Application of Chapter

Current through June 25, 2024
This chapter applies to all oral proceedings held for the
				  purpose of providing the public with an opportunity to make oral presentations
				  or written input on proposed new rules, amendments to rules, and proposed
				  repeal of existing rules before the Mississippi Department of Public Safety
				  pursuant to the Administrative Procedures Act.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 3 - DRIVER SERVICES AND CRIMINAL INFORMATION CENTER RULEMAKING ORAL PROCEEDINGS ADMINISTRATIVE CODE › Chapter 1 - Rulemaking Oral Proceedings › Rule 31-3-1.3 - Request for Oral Proceeding

Current through June 25, 2024
When a political subdivision, an agency, or a citizen
				  requests an oral proceeding in regards to a proposed rule adoption, the
				  requestor must submit a printed, typewritten, or legibly handwritten
				  request.
1. Each request must be
				submitted on 8-1/2" x 11" white paper.
2. The request may be in the form of a letter
				addressed to the Mississippi Department of Public Safety or in the form of a
				pleading as if filed with a court.
3. Each request must include the full name,
				telephone numbers, and mailing address of the requestor(s).
4. All requests shall be signed by the person
				filing the request, unless represented by an attorney, in which case the
				attorney may sign the request.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 3 - DRIVER SERVICES AND CRIMINAL INFORMATION CENTER RULEMAKING ORAL PROCEEDINGS ADMINISTRATIVE CODE › Chapter 1 - Rulemaking Oral Proceedings › Rule 31-3-1.4 - Notice of Oral Proceeding

Current through June 25, 2024
Notice of the date, time, and place of all oral proceedings
				  shall be filed with the Secretary of State's Office for publication in the
				  Administrative Bulletin. The agency providing the notice shall provide notice
				  of oral proceedings to each requestor. The oral proceedings will be scheduled
				  no earlier than twenty (20) days from the filing of the notice with the
				  Secretary of State. The Agency Head, or designee who is familiar with the
				  substance of the proposed rule, shall preside at the oral proceeding on a
				  proposed rule.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 3 - DRIVER SERVICES AND CRIMINAL INFORMATION CENTER RULEMAKING ORAL PROCEEDINGS ADMINISTRATIVE CODE › Chapter 1 - Rulemaking Oral Proceedings › Rule 31-3-1.5 - Public Participation Guidelines

Current through June 25, 2024
Public participation shall be permitted at oral proceedings
				  in accordance with the following:
1. At
				an oral proceeding on a proposed rule, persons may make statements and present
				documentary and physical submissions concerning the proposed rule.
2. Persons wishing to make oral presentations
				at such a proceeding shall notify the Mississippi Department of Public Safety
				at least three business days prior to the proceeding and indicate the general
				subject of their presentations. The presiding officer in his or her discretion
				may allow individuals to participate that have not contacted the Mississippi
				Department of Public Safety prior to the proceeding.
3. At the proceeding, those who participate
				shall indicate their names and addresses, indentify any persons or
				organizations they may represent, and provide any other information relating to
				their participation deemed appropriate by the presiding officer.
4. The presiding officer may place time
				limitations on individual presentations when necessary to assure the orderly
				and expeditious conduct of the oral proceeding. To encourage joint
				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 views.
5. Persons making
				presentations are encouraged to avoid restating matters that have already been
				submitted in writing. Written materials may, however, be submitted at the oral
				proceeding.
6. Where time permits
				and to facilitate the exchange of information, the presiding officer may open
				the floor to questions or general discussion. The presiding officer may
				question participants and permit the questioning of participants by other
				participants about any matter relating to that rule-making proceeding,
				including any prior written submissions made by those participants in that
				proceeding. No participant shall be required to answer any question.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 3 - DRIVER SERVICES AND CRIMINAL INFORMATION CENTER RULEMAKING ORAL PROCEEDINGS ADMINISTRATIVE CODE › Chapter 1 - Rulemaking Oral Proceedings › Rule 31-3-1.6 - Submissions and Records

Current through June 25, 2024
Physical and Documentary Submissions presented by
				  participants in an oral proceeding shall be submitted to the presiding officer.
				  Such submissions become the property of the Mississippi Department of Public
				  Safety, part of the rulemaking record, and are subject to the Mississippi
				  Department of Public Safety's public records request procedure. The Mississippi
				  Department of Public Safety may record oral proceedings by stenographic or
				  electronic means.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 4 - DRIVER SERVICES AND CRIMINAL INFORMATION CENTER DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-4-1.1 - Model Rules

Current through June 25, 2024
This chapter consists of model rules addressing the public's
				  request for declaratory opinions and an agency's disposition of requests for
				  declaratory opinions. The Secretary of State's Office is required to provide
				  these model rules under
Miss. Code Ann.
§
									25-43-2.105.
				  Agencies are not required to adopt these model rules.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 4 - DRIVER SERVICES AND CRIMINAL INFORMATION CENTER DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-4-1.2 - Application of Chapter

Current through June 25, 2024
This chapter sets forth the Mississippi Department of Public
				  Safety's rules governing the form, content, and filing of requests for
				  declaratory opinions, the procedural rights of persons in relation to the
				  written requests, and the Mississippi Department of Public Safety's procedures
				  regarding the disposition of requests as required by
Miss. Code
				  Ann.
§
									25-43-2.103.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 4 - DRIVER SERVICES AND CRIMINAL INFORMATION CENTER DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-4-1.3 - Scope of Declaratory Opinions

Current through June 25, 2024
The Mississippi Department of Public Safety will issue
				  declaratory opinions regarding the applicability to specified facts of:
1. a statute administered or enforceable by
				the Mississippi Department of Public Safety,
2. a rule promulgated by the Mississippi
				Department of Public Safety, or
3.
				an order issued by the Mississippi Department of Public Safety.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 4 - DRIVER SERVICES AND CRIMINAL INFORMATION CENTER DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-4-1.4 - Scope of Declaratory Opinion Request

Current through June 25, 2024
A request must be limited to a single transaction or
				  occurrence.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 4 - DRIVER SERVICES AND CRIMINAL INFORMATION CENTER DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-4-1.5 - How to Submit Requests

Current through June 25, 2024
When a person with substantial interest, as required by
				  Section
				  25-43-2.103
				  of the Administrative Procedures Act, requests a declaratory opinion, the
				  requestor must submit a printed, typewritten, or legibly handwritten
				  request.
1. Each request must be
				submitted on 8-1/2" x 11" white paper.
2. The request may be in the form of a letter
				addressed to the Mississippi Department of Public Safety or in the form of a
				pleading as if filed with a court.
3. Each request must include the full name,
				telephone numbers, and mailing address of the requestor(s).
4. All requests shall be signed by the person
				filing the request, unless represented by an attorney, in which case the
				attorney may sign the request.
5.
				Each request must clearly state that it is a request for a declaratory
				opinion.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 4 - DRIVER SERVICES AND CRIMINAL INFORMATION CENTER DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-4-1.6 - Signature Attestation

Current through June 25, 2024
Any party who signs the request 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 and that
				  there are no related proceedings pending before any agency, administrative, or
				  judicial tribunal.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 4 - DRIVER SERVICES AND CRIMINAL INFORMATION CENTER DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-4-1.7 - Request Content Requirement

Current through June 25, 2024
Each request must contain the following:
1. A clear identification of the statute,
				rule, or order at issue;
2. The
				question for the declaratory opinion;
3. A clear and concise statement of all facts
				relevant to the question presented;
4. The identity of all other known persons
				involved in or impacted by the facts giving rise to the request including their
				relationship to the facts, and their name, mailing address, and telephone
				number; and
5. A statement
				sufficient to show that the requestor has a substantial interest in the subject
				matter of the request.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 4 - DRIVER SERVICES AND CRIMINAL INFORMATION CENTER DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-4-1.9 - Agency Response

Current through June 25, 2024
1. Within
				forty-five (45) days after the receipt of a request for a declaratory opinion
				which complies with the requirements of these rules, the Mississippi Department
				of Public Safety shall, in writing:
a. Issue
				an opinion declaring the applicability of the statute, rule, or order to the
				specified 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.
Mississippi Administrative Code › Title 31 - Public Safety › Part 4 - DRIVER SERVICES AND CRIMINAL INFORMATION CENTER DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-4-1.10 - Availability of Declaratory Opinions and Requests for Opinions

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
				  shall be available for public inspection and copying at the expense of the
				  viewer during normal business hours. All declaratory opinions and requests
				  shall be indexed by name, subject, and date of issue. Declaratory opinions and
				  requests which contain information which is confidential or exempt from
				  disclosure under the Mississippi Public Records Act or other laws shall be
				  exempt from this requirement and shall remain confidential.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 1 - Purpose and Authority › Rule 31-5-1.1 - Statutory Authority and Purpose

Current through June 25, 2024
1. The Public
				Records Policy of the Mississippi Department of Public Safety is promulgated
				pursuant to the Mississippi Public Records Act of 1983,
Miss. Code Ann.
§
									25-61-1,
et seq.
, as amended ("the Act"). All records and portions of
				records which are not exempt from disclosure will be available as set forth in
				these procedures.
a. "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."
Miss. Code Ann.
§
										25-61-1.
b. "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."
Miss. Code
				Ann.
§
										25-61-5.
c. The Act defines "public record" to include
				any "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(b)
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 1 - Purpose and Authority › Rule 31-5-1.2 - Definitions

Current through June 25, 2024
1. "Public Record" means any book, record,
				paper, account, letter, map, photograph, film, card, tape, recording or
				reproduction thereof, and any other documentary material, regardless of
				physical form or characteristic, 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 the Mississippi Department of
				Public Safety, or required to be maintained by the Department.
2. "Non-Exempt Record" refers to the part of
				a public record which does not fall under one of the exceptions to or
				exemptions from disclosure in the Public Records Act.
3. An "Identifiable Record" is a record that
				is identifiable if a reasonably specific description of the record has been
				given, such as the date of the record, the subject matter, division or person
				involved, etc., which will permit location or retrieval of the
				record.
4. A "Working Day" is any
				day other than a weekend, state holiday or other day on which, by executive
				order, the Mississippi Department of Public Safety is authorized to be closed,
				or the employees of the Mississippi Department of Public Safety are authorized
				to be absent.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 2 - Description and Officer › Rule 31-5-2.1 - Public Body Description - Contact Information - Public Records Officer

Current through June 25, 2024
1. The Mississippi Department of Public
				Safety's Headquarters is located at 1900 E. Woodrow Wilson Avenue, Jackson, MS
				39216.
2. Any person wishing to
				request access to public records of the Mississippi Department of Public
				Safety, or seeking assistance in making such a request, should contact the
				Legal Division of the Mississippi Department of Public Safety:
Legal Division
P.O. Box 958
Jackson, Mississippi 39205
Office: (601)-987-1332
Fax: (601) 987-1345
records@dps.ms.gov
Information is also available at the Mississippi Department
				  of Public Safety's website (
http://www.dps.ms.gov
).
3. The Legal Division will oversee the
				Department's compliance with the Act, but one or more additional Department
				staff members may process the request. Therefore, these rules will refer to the
				Legal Division or "Public Records Designee." The Legal Division or Public
				Records Designee and the Mississippi Department of Public Safety will provide
				the "fullest assistance" to requestors, 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
				Mississippi Department of Public Safety.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 3 - Availability of Public Records › Rule 31-5-3.1 - Hours for Inspection of Records

Current through June 25, 2024
Public records are available for inspection and copying
				  during normal business hours of the Mississippi Department of Public Safety,
				  Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays.
				  Records must be inspected at the Mississippi Department of Public Safety
				  Headquarters, unless the Department determines that it would be more prudent,
				  efficient and/or advisable to produce such records via mail and/or electronic
				  format. The time, place, and manner of inspection and copying of records will
				  not be allowed to interfere with other essential duties of the Mississippi
				  Department of Public Safety.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 3 - Availability of Public Records › Rule 31-5-3.2 - Organization of Records

Current through June 25, 2024
The Mississippi Department of Public Safety will maintain its
				  records in a reasonably organized manner. The Mississippi Department of Public
				  Safety will take reasonable actions to protect records from damage and
				  disorganization. A requestor shall not take original records from the
				  Mississippi Department of Public Safety's Headquarters.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 3 - Availability of Public Records › Rule 31-5-3.3 - Making a Request for Public Records

Current through June 25, 2024
1. Any person
				wishing to inspect or copy public records of the Mississippi Department of
				Public Safety should make the request in writing on the Mississippi Department
				of Public Safety's request form, or by letter, fax, or email addressed to the
				Legal Division, including in any such request the following information:
a. Name of requestor;
b. Address of requestor;
c. Other contact information, including
				telephone number and any email address;
d. Identification of the public records
				sufficient for the Legal Division or public records designee to locate the
				records; and
e. The date and time
				of day of the request.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 4 - Processing of Public Records Requests - General › Rule 31-5-4.1 - Providing Access to Public Records

Current through June 25, 2024
The Mississippi Department of Public Safety 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.
				  The Legal Division or Public Records Designee will process requests in the
				  order allowing the most requests to be processed in the most efficient
				  manner.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 4 - Processing of Public Records Requests - General › Rule 31-5-4.2 - Acknowledging Receipt of Requests

Current through June 25, 2024
1. Within seven (7)
				business days of receipt of a request, the Legal Division 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 requestor;
3. Provide a reasonable estimate of when
				records will be available;
4. If
				the request is unclear or does not sufficiently identify the requested records,
				request clarification from requestor. Such clarification may be requested and
				provided by telephone. The Legal Division or Public Records Designee may revise
				the estimate of when records will be available; or
5. Deny the request.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 4 - Processing of Public Records Requests - General › Rule 31-5-4.3 - Consequences of Failure to Respond

Current through June 25, 2024
If the Mississippi Department of Public Safety does not
				  respond in writing within seven (7) business days of receipt of the request for
				  disclosure, the requestor should consider contacting the Legal Division to
				  determine the reason for the failure to respond.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 4 - Processing of Public Records Requests - General › Rule 31-5-4.4 - Records Exempt from Disclosure

Current through June 25, 2024
1. Some records are
				exempt from disclosure, in whole or in part. If the Mississippi Department of
				Public Safety believes that a record is exempt from disclosure and should be
				withheld, the Legal Division will state the specific exemption and provide a
				brief explanation of why the record or a portion of the record is being
				withheld.
2. If only a portion of a
				record is exempt from disclosure, but the remainder is not exempt, the Legal
				Division will redact the exempt portions, provide the non-exempt portions, and
				indicate to the requestor why portions of the record are being
				redacted.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 4 - Processing of Public Records Requests - General › Rule 31-5-4.5 - Inspection of Records

Current through June 25, 2024
1. Consistent with
				other demands, the Mississippi Department of Public Safety shall promptly
				provide space to inspect public records. No member of the public may remove a
				document from the viewing area or disassemble or alter any document. The
				requestor shall indicate which documents he or she wishes the Mississippi
				Department of Public Safety to copy.
2. The requestor must claim or review the
				assembled records within thirty (30) days of the Mississippi Department of
				Public Safety's notification to him or her that the records are available for
				inspection or copying. The Mississippi Department of Public Safety will notify
				the requestor in writing of this requirement and inform the requestor that he
				or she should contact the Mississippi Department of Public Safety to make
				arrangements to claim or review the records. If the requestor or a
				representative of the requestor fails to claim or review the records within the
				thirty (30) day period or make other arrangements, the Mississippi Department
				of Public Safety may close the request and refile the assembled records. Other
				public records requests can be processed ahead of a subsequent request by the
				same person for the same or almost identical records, which can be processed as
				a new request.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 4 - Processing of Public Records Requests - General › Rule 31-5-4.6 - Providing Copies of Records

Current through June 25, 2024
1. After inspection
				is complete, the Legal Division or designee shall make the requested copies or
				arrange for copying.
2. Standard
				photocopies will be provided at $0.15 cents per page, with a minimum charge of
				$5.00 per request). Additional fees incident to document production may include
				personnel charges for time expended in the actual searching, reviewing and/or
				duplicating of documents and, if applicable, the mailing of copies of requested
				records.
3. Costs of reproduction
				will be payable in advance of receipt for documents.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 4 - Processing of Public Records Requests - General › Rule 31-5-4.7 - Providing Records in Installments

Current through June 25, 2024
When the request is for a large number of records, the Legal
				  Division or Public Records Designee will provide access for inspection and
				  copying in installments if he or she reasonably determines that it would be
				  practical to provide the records in that way. If, within thirty (30) days, the
				  requestor fails to inspect the entire set of records or one or more or the
				  installments, the Legal Division or Public Records Designee may stop searching
				  for the remaining records and close the request.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 4 - Processing of Public Records Requests - General › Rule 31-5-4.8 - Completion of Inspection

Current through June 25, 2024
When the inspection of the requested records is complete and
				  all requested copies are provided, the Legal Division or Public Records
				  Designee will indicate that the Mississippi Department of Public Safety has
				  completed a diligent search for the requested records and made any located
				  non-exempt records available for inspection.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 4 - Processing of Public Records Requests - General › Rule 31-5-4.9 - Closing Withdrawn or Abandoned Requests

Current through June 25, 2024
When the requestor either withdraws the request or fails to
				  fulfill his or her obligations to inspect the records or pay the deposit or
				  final payment for the requested copies, the Legal Division or Public Records
				  Designee will close the request and indicate to the requestor that the
				  Mississippi Department of Public Safety has closed the
				  request.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 4 - Processing of Public Records Requests - General › Rule 31-5-4.10 - Later Discovered Documents

Current through June 25, 2024
If, after the Legal Division or Public Record Designee has
				  informed the requestor that it has provided all available records, the Legal
				  Division or Public Record Designee becomes aware of additional responsive
				  documents existing at the time of the request, it will promptly inform the
				  requestor of the additional documents and provide them on an expedited
				  basis.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 5 - Processing of Public Records Requests - Electronic Records › Rule 31-5-5.1 - Requesting Electronic Records

Current through June 25, 2024
The process for requesting electronic public records is the
				  same as for requesting paper public records.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 5 - Processing of Public Records Requests - Electronic Records › Rule 31-5-5.2 - Providing Electronic Records

Current through June 25, 2024
When a requestor requests records in an electronic format,
				  the Legal Division or Public Records Designee will provide the non-exempt
				  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 Mississippi Department of Public Safety keeps the
				  record.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 5 - Processing of Public Records Requests - Electronic Records › Rule 31-5-5.3 - Customized Access to Databases

Current through June 25, 2024
With the consent of the requestor, the Mississippi Department
				  of Public Safety may provide customized access if the record is not reasonably
				  locatable or not reasonably translatable into the format requested. The
				  Mississippi Department of Public Safety may charge the actual cost for such
				  customized access.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 7 - Third Party Information › Rule 31-5-7.1 - Third Party Information

Current through June 25, 2024
1. When any person
				files or submits documents with the Mississippi Department of Public Safety
				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.
2. Any document filed
				with the Mississippi Department of Public Safety 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 Mississippi Department of Public Safety 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
Miss. Code Ann.
§
									25-61-9.
3. Any person filing documents with the
				Mississippi Department of Public Safety shall, prior to filing, redact from the
				documents any social security numbers, account numbers or dates of birth not
				required to be listed. The Mississippi Department of Public Safety 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 Mississippi
				Department of Public Safety 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.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 8 - Costs of Providing Public Records › Rule 31-5-8.1 - Costs for Paper Copies

Current through June 25, 2024
1.
Miss.
				Code Ann.
§
									25-61-7(1)
				reads as follows: "Except as provided in subsection (2) of this section, each
				public body may establish and collect fees reasonably calculated to reimburse
				it for, and in no case to exceed, the actual cost of searching, reviewing
				and/or duplicating and, if applicable, mailing copies of public records."
A requestor may obtain standard black and white photocopies
				  for $ 0.15 cents per page. There is a minimum charge of $5.00 per request.
				  Examples of specific copy charges include, but are not limited to, the
				  following:
a. Accident Reports -
				$15.00
b. MBI Case Investigative
				Case Files - $5.00 per filec. Motor Vehicle Record - $11.00 (if requested by
				mail from Driver Services)
d.
				Photos on CD - $29.95.