reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 102 - Organization › Chapter 4 - Veterans Nursing Homes › Rule 25-102-4.16 - Private Rooms

Current through June 25, 2024
The policy and priority for private room assignment is as
				  follows:
A. Contagious or infectious
				disease;
B. Oxygen or terminally
				ill resident, or a resident who would suffer a negative impact on his/her
				medical condition as documented by the Home physician.
C. Female admissions (where private room is
				available and female is #1 on the waiting list and home occupancy would
				preclude admittance of the female); and
D. First-come first-serve basis. Any occupant
				of a private room, due strictly to the choosing of the resident, will be
				charged an additional $100.00 per month for each month in which a private room
				is occupied, regardless of length of occupancy.
E. Private room occupants in categories A, B,
				and/or C will vacate the private room when the conditions(s) and/or situation
				is resolved. Private room occupants from category D will be required to vacate
				the private room for category A, B, and/or C residents on a last in, first out
				basis. The vacated resident would be placed back at the top of the first-come
				first-served waiting list.
Miss. Code Ann. §
										35-1-27
				  (Supp. 2010).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 102 - Organization › Chapter 4 - Veterans Nursing Homes › Rule 25-102-4.17 - Searches

Current through June 25, 2024
The following policy shall be enforced to assist in
				  deterring theft of residents', visitors and employees' personal property; and
				  property belonging to the State of Mississippi.
A. The Homes may conduct unannounced
				searches, for illegal drugs, alcohol, or stolen property, of items and vehicles
				owned by the State of Mississippi, employees, residents, and/or visitors on
				Home premises at any time without reasonable suspicion. This includes desks,
				lockers, etc. All individuals are expected to cooperate during such
				searches.
B. Searches of employees,
				residents, and /or visitors and their personal property may be conducted on
				random basis or when there is reasonable suspicion to believe that such
				searches will be limited to requesting the removal of hats, shoes, coats, or
				other outerwear, purses and other unsecured personal possessions for search
				purposes, asking that individual(s) turn their pockets, and observing what is
				in plain sight. Purses, briefcases, bags and any other parcels may also be
				completely searched on a random basis or when there is reasonable suspicion to
				believe that the individual(s) may have non-permitted contraband or stolen
				items in their possession.
C.
				Searches of vehicles maybe conducted when on a random basis or when there is
				reasonable suspicion that illegal drugs, alcohol, or stolen goods are in the
				vehicle.
D. An employee's consent
				to this search is required as a condition of employment and the employee's
				refusal to consent may result in disciplinary action including termination even
				for a first refusal. A resident's consent to this search is a condition for
				admittance and continued residency. A resident's refusal to consent will result
				in discharge even for a first refusal. A visitor's refusal to consent may
				result in visitor's being barred from the facility.
Miss. Code Ann. §
										35-1-27
				  (Supp. 2010).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 102 - Organization › Chapter 4 - Veterans Nursing Homes › Rule 25-102-4.18 - Advanced Directives

Current through June 25, 2024
A competent person, of legal age, has the right to accept or
				  refuse medical or surgical treatment. In general, an individual has the right
				  to make health care decisions for himself/herself. Generally, if you are a
				  competent adult, you can consent to any treatment of care which will become
				  effective if the individual is no longer competent to make treatment decisions.
				  These instructions are commonly referred to as "Advance Directives."
A. The State Veterans Affairs Board will
				provide a copy of its advanced directives policy to all applicants, for
				admission to a Mississippi State Veterans Home, as part of the application
				package.
B. All State Veterans Home
				Social Worker will provide the resident or personal representative with written
				information concerning advanced directives and rights under law and on the
				facility's policies regarding advanced directives and refusal of medical
				treatment.
C. An Advanced Directive
				can be a LIVING WILL, A DURABLE POWER OF ATTORNEY FOR HEALTH CARE, or other
				evidence of the individual's wishes concerning health care decisions.
(1) A Living Will is a directive to be
				allowed to die naturally. The Living Will comes into play only when the
				attending physician, along with two (2) other physicians, believes that the
				individual will not regain consciousness or a state of health that is
				meaningful to the individual and but for the use of life -sustaining
				mechanisms, the individual would soon die.
(2) A Durable Power of Attorney for Health
				Care (DPAHC) is a document where an individual designates someone as their
				agent to make health care decisions for them if the are unable to make such a
				decision. The DPAHC comes into play when the individual cannot make a health
				care decision either because of a permanent or temporary illness or injury. The
				DPAHC must specifically authorize the individual's attorney in fact to make
				health care decisions for the individual and must contain the standard language
				set out in the law. Otherwise, the DPAHC can contain any instruction which the
				individual wishes.
(3) Decisions to
				accept or refuse treatment, internal nutrition via feeding tubes or gastric
				devices, and/or artificial hydration rest with the resident or appropriate
				legal representative. The Mississippi State Veterans Home and employees have no
				official opinion on the care and treatment decisions of the individual
				residents.
(4) It is the policy of
				Mississippi State Veterans Homes to follow the directions given by each
				resident with regard to accepting or refusing treatment to the extent permitted
				by law and within State Veterans Affairs Board policy.
(5) No individual shall be discriminated
				against or have care conditioned on whether the individual has executed any
				advance directive.
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 102 - Organization › Chapter 4 - Veterans Nursing Homes › Rule 25-102-4.19 - Succession of Surrogates

Current through June 25, 2024
If an incompetent resident did not execute and advance
				  directive specifying care and treatment decisions while still competent, State
				  Veterans Nursing Homes will consult with the appropriate person from the
				  following list of successions:
A.
				Attorney-in-fact (designated by the Durable Power of Attorney for Health
				Care);
B. Court appointed
				guardian;
C. Spouse;
D. Adult children (all adult children are
				co-equal);
E. Parent(s)
F. Adult siblings (all adult siblings are
				co-equal); and
G. Grandparents
				(maternal and paternal grandparents are co-equal if the father is authorized
				and is legitimate, otherwise, maternal grandparents shall have priority over
				paternal grandparent).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 102 - Organization › Chapter 5 - Mississippi Veterans Memorial Cemetery › Rule 25-102-5.1 - Eligibility For Burial in the Mississippi Veterans Memorial Cemetery

Current through June 25, 2024
A. Eligibility criteria for interment in the
				Mississippi Veterans Memorial Cemetery is the same as required for interment in
				a national cemetery as provided by federal law (Title 38 U.S.C.) and rules and
				regulations applicable thereto, to the extent that these laws and regulations
				do not conflict with the laws of the State of Mississippi.
B. Generally, burial in the Mississippi
				Veterans Memorial Cemetery is open to all members of the Armed Forces and
				Veterans who have met minimum service duty requirements and have been
				discharged under honorable conditions. Their lawfully married spouse, widow or
				widower, minor children, and under certain conditions, unmarried adult children
				are also eligible for burial. Eligible spouses may be buried, even if they
				predecease the veteran. Members of the reserve components of the Armed Forces
				who die while on active duty or while performing training duty, or who have 20
				years of service in reserve components of the Armed Forces credible for retired
				pay, may also be eligible for burial.
C. Specific eligibility:
(1) Shall be determined by the cemetery staff
				in accordance with criteria set forth in federal law and as defined in U.S.
				Department of Veterans Affairs regulation(s), to the extent that these laws and
				regulations do not conflict with the laws of the State of Mississippi. The
				Cemetery Director shall be responsible for ensuring that burials are conducted
				only for eligible Veterans and/or spouses/dependents.
(2) In any case where Cemetery Director
				determines an individual is ineligible for burial, request must be immediately
				forwarded to the Executive Director for review and decision. The Executive
				Director shall retain authority for any disapproval determination.
(3) In any case where eligibility is denied,
				next of kin or responsible party/entity may appeal that decision to the State
				Veterans Affairs Board.
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 102 - Organization › Chapter 5 - Mississippi Veterans Memorial Cemetery › Rule 25-102-5.2 - Request(s) for burial in the Mississippi Veterans Memorial Cemetery

Current through June 25, 2024
A. At the time of need, the next of kin,
				responsible party, or the family's funeral director of choice makes
				arrangements directly with Mississippi Veterans Memorial Cemetery
				staff.
B. Before burial can take
				place, cemetery staff must verify the Veteran's eligibility. To enable staff to
				do this, the next of kin or funeral director must provide the staff with a copy
				of the Veteran's military discharge papers, or the Veteran's military service
				number, social security, or VA claim numbers. No burial may be conducted prior
				to verification of eligibility.
C.
				Gravesite reservations cannot be made in advance.
Miss. Code Ann. §
										35-1-41(4)(Supp.
				  2010).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 102 - Organization › Chapter 5 - Mississippi Veterans Memorial Cemetery › Rule 25-102-5.3 - Cost of burial

Current through June 25, 2024
In the case of eligible Veterans, there will, generally, be
				  no cost.
A. U.S. Department of Veterans
				Affairs burial plot allowance will be paid to the Mississippi Veterans Memorial
				Cemetery.
B. Headstone (upright
				white marble) or niche cover (as appropriate) will be provided by the U.S.
				Department of Veterans Affairs.
C.
				In accordance with U.S. Department of Veterans Affairs regulation/policy, an
				eligible Veteran may only receive a one-time burial allowance and headstone
				benefit. In the rare case where this benefit may have been previously
				exhausted, the next of kin or responsible party (as appropriate) will be
				responsible for any incurred cost(s).
D. There will be a minimal cost for the
				burial of eligible spouse and/or dependents. Cost, consistent actual cost
				incurred, shall be determined and approved by the State Veterans Affairs
				Board.
Miss. Code Ann. §
										35-1-41(4)(Supp.
				  2010).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 102 - Organization › Chapter 5 - Mississippi Veterans Memorial Cemetery › Rule 25-102-5.4 - Cemetery Operations

Current through June 25, 2024
A Cemetery standard operating procedure (SOP) shall be
				  developed and approved by the Executive Director. The procedure shall include,
				  but is not limited to, hours of operation, requirements for care, maintenance
				  and operation of the cemetery and any other information as may be deemed
				  necessary for safe and efficient Cemetery operations. The SOP shall be readily
				  available for public review.
Miss. Code Ann. §
										35-1-41(4)(Supp.
				  2010).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 102 - Organization › Chapter 6 - Persian Gulf War Memorial Wall › Rule 25-102-6.1 - Eligibility for Inclusion on Persian Gulf War Memorial Wall

Current through June 25, 2024
A. Service Member
(1) Was Member of the United States Armed
				Forces and,
(2) Died during the
				period 2 August 1990 a date determined by law or Presidential Proclamation
				and,
(3) Died as a result of:
a. Hostile action in the Persian Gulf Area of
				Operations (as defined by DOD), or
b. Injuries received while serving in the
				Persian Gulf Area of Operations, or
c. Terrorist attack.
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 1 - Public Record Request › Rule 25-103-1.1 - Purpose

Current through June 25, 2024
To ensure the privacy of individuals served by the State
				  Veterans Affairs Board and the Veterans Nursing Homes and to comply with the
				  laws of the State of Mississippi and federal regulations.
Miss. Code Ann. §
										43-11-16
				  (Rev. 2009).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 1 - Public Record Request › Rule 25-103-1.2 - Release of Patient/Resident Information

Current through June 25, 2024
Information concerning a current or former patient/resident
				  shall be released only:
A. Upon written
				authorization of the patient/resident.
B. For an active resident, when requested by
				a person with legal authority to make health care decisions, a court-appointed
				legal guardian or a general power of attorney.
C. For a deceased resident, when requested by
				a person with legal authority to act on behalf of the decedent or the estate
				(e.g., executor of the estate, next of kin or other family member).
D. To his attending medical personnel and his
				duly authorized nominees.
E. Upon
				order of a court of competent jurisdiction.
F. When the continued treatment of the
				patient/resident requires the exchange of information between the MBVA/MVNH and
				other treatment facilities.
G. When
				in the opinion of the Director of the facility, release of information is
				necessary for the determination of benefits, compliance with statutory
				reporting requirements, or other lawful purpose.
H. Nothing in this section shall be construed
				to deny access to medical records by the Attorney General, the licensing
				agency, or his or its agents and investigators in the discharge of their
				official duties under state law.
Miss. Code Ann. §
										43-11-16
				  (Rev. 2009).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 1 - Public Record Request › Rule 25-103-1.3 - Request for Documents

Current through June 25, 2024
When information is requested:
A. The appropriate facility must be in
				receipt of written authorization or authority for release of information prior
				to any search of records.
B. Upon
				request for release, the facility will make every effort to comply with request
				within five (5) working days. If for some reason this is impractical, the
				facility will notify the person requesting the information of the delay and the
				approximate time the information will be available.
C. Request for information must be specific
				as to whether all available information or what part thereof is being
				requested.
Miss. Code Ann. §
										43-11-16
				  (Rev. 2009).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 1 - Public Record Request › Rule 25-103-1.4 - Costs

Current through June 25, 2024
A. Estimates as to cost will be made upon
				request.
B. Fees charged will be
				according to the following schedule: Photocopies - $20.00 for the first twenty
				pages; $1.00 per page for the next 80 pages; $ .50 per page for all pages
				thereafter. Ten percent of the total charge may be added for postage and
				handling. $15.00 may be recovered by the MVAB/MVNH for retrieving medical
				records in archives at a location off the premises where the facility/office is
				located.
C. Requested information
				will not be released until fees are paid.
Miss. Code Ann. §
										43-11-16
				  (Rev. 2009).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 2 - Request for Public Information › Rule 25-103-2.1 - Purpose

Current through June 25, 2024
To ensure that public documents are disseminated according
				  to statutory requirements.
Miss. Code Ann. §
										25-61-1,
				  et seq. (Rev. 2009).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 2 - Request for Public Information › Rule 25-103-2.2 - Definition

Current through June 25, 2024
A. Public Record: A public record shall mean
				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 Board or
				a Veterans Nursing Home (hereinafter "VNH"), or required to be maintained by
				the Board or a VNH.
B. Non-exempt
				Record: A non-exempt record is that part of a public record which does not fall
				under one of the exceptions to or exemptions from disclosure in the Public
				Records Act.
C. Identifiable
				Record: A record is identifiable if a reasonable specific description of the
				record has been given, such as the date of the record, the subject matter,
				division of person involved, etc. which will permit location or retrieval of
				the record.
D. Working Day: A
				working day is any day other than a weekend, state holiday, or other day on
				which by executive order the Board or a VNH administrative office is closed or
				all the administrative employees are authorized to be absent.
Miss. Code Ann. §
										25-61-1,
				  et seq. (Rev. 2009).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 2 - Request for Public Information › Rule 25-103-2.3 - Availability of Records

Current through June 25, 2024
Access of all non-exempt record of the MVAB or a MVNH will
				  be allowed during regular business hours (8:00 to 5:00 on working days). These
				  records will be made available for inspection and/or copying. If any public
				  record which is held to be exempt from disclosure, as designated below,
				  contains material which is not exempt, the MVAB or the MVNH shall separate and
				  make the non-exempt material available for examination and/or
				  copying.
Miss. Code Ann. §
										25-61-1,
				  et seq. (Rev. 2009).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 2 - Request for Public Information › Rule 25-103-2.4 - Procedures for Handling Public Record Requests

Current through June 25, 2024
A. A
				request for information under the Mississippi Public Records Act shall be
				submitted in writing to the Mississippi Veterans Affairs Board, P.O. Box 5947,
				Pearl, MS 39208, or directly to the Administrator of each of the four
				Mississippi Veterans Nursing Homes.
B. All requests for information should be
				marked "Request for Public Documents," and shall identify the records, give the
				name, address, and telephone number of the requesting party, and must be signed
				by the requesting party. This requirement may be waived on a case by case basis
				by the Executive Director or his designee to facilitate the orderly and timely
				release of the information.
C. The
				Board of VNH shall respond to the request in writing within 14 working days
				from the date of request. Denials shall contain the specific reasons for the
				denial. Copies of all denials shall be maintained on file by the Board or VNH
				for not less than three years from the date the denial is made. The person
				making the request may appeal any denial directly to the Executive
				Director.
D. If the records will be
				disclosed, the Board or VNH will give an estimate of the total cost, if any,
				for the compliance with the request. If the estimate is agreeable to the
				requestor, the Board or VNH will produce the records requested no later than 14
				working days from the date the request was received. Payments must be made by
				case, money order, or cashier's check prior to the requestor receiving the
				materials.
E. Records furnished to
				the Office by third parties, which are not public bodies as defined in the
				Public Records Act, will not be released until notice to the third parties has
				been given. The records shall be released in 14 days unless the third party
				obtains a court order protecting the records as confidential.
Miss. Code Ann. §
										25-61-1,
				  et seq. (Rev. 2009).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 2 - Request for Public Information › Rule 25-103-2.5 - Exempt Records

Current through June 25, 2024
Any record expressly exempt from the Public Records Act or
				  any record specifically declared to be confidential or privileged by any other
				  Mississippi or Federal statute or constitutional provision shall not be subject
				  to mandatory inspection and copying. Those records which are specifically
				  exempt by Mississippi statute and which fall within the jurisdiction of the
				  MVAB/MVNH include the following:
A.
				Personnel records and applications for employment, except those which may be
				released to the person who made the application or with the prior written
				consent of the person who made the application. Employee consent to release
				information shall be recorded in writing. This shall not be construed to
				prohibit the disclosure of the following information about employees: name,
				address, date of employment, length of employment, qualifications, and
				salary;
B. Test questions and
				answers which are to be used in employment examinations;
C. Letters of recommendation respecting any
				application for employment;
D.
				Records which represent and constitute the work product of any attorney and
				which are related to litigation initiated by or against the MVAB/MVNH or in
				anticipation of prospective litigation, including all communications between
				such attorney made in the course of an attorney/client relationship;
E. Appraisal information which concerns the
				sale or purchase of real or personal property for public purposes prior to
				public announcement of the purchase or sale, where the release of such records
				would have a detrimental effect on such sale or purchase;
F. Trade secrets and commercial or financial
				information obtained from outside government to the extent that disclosure
				would result in substantial harm to the competitive position of the person from
				whom or about whom the information was obtained;
(1) For the purpose of providing advance
				notice to submitters of trade secret or confidential commercial or financial
				information, twenty-five days from the submitters receipt of written notice
				shall be deemed a reasonable time for the disclosure of the requested records
				in the absence of a court order to the contrary.
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 2 - Request for Public Information › Rule 25-103-2.6 - Fees

Current through June 25, 2024
A. Any person desiring copies of public
				records who does not officially represent a public body, as defined in the
				Public Records Act, shall be entitled to obtain mechanically reproduced copies
				at a charge of $ .25 per page. Official representatives of public bodies, as
				defined, shall be entitled to reasonable copies of such records with no
				charge.
B. If the searching,
				reviewing, duplicating or separating of non-exempt material from documents,
				etc., containing exempt material requires more than one hour of work, then any
				requesting party may be charged for the work time above an hour in addition to
				a mechanical reproduction charge of $ .25 per page. The charge of the hours
				shall be based upon the hourly salary of the lowest paid employee of the
				MVAB/MVNH qualified to do the job.
C. Mailing costs calculated at the applicable
				United States Postal Services rates shall be charged where appropriate. The
				cost of mailing a notice to third parties via certified mail, return receipt
				requested, shall be charged to persons requesting the public records.
Miss. Code Ann. §
										25-61-1,
				  et seq. (Rev. 2009).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 3 - Declaratory Opinions › Rule 25-103-3.1 - Application of Chapter

Current through June 25, 2024
This chapter sets forth the State Veterans Affairs Board
				  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 Board's procedures regarding the disposition of requests as required by
				  Mississippi Code §
									25-43-2.103.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 3 - Declaratory Opinions › Rule 25-103-3.2 - Scope of Declaratory Opinions

Current through June 25, 2024
The State Veterans Affairs Board will issue declaratory
				  opinions regarding the applicability to specified facts of:
A. a statute administered or enforceable by
				the Board,
B. a rule promulgated by
				the Board, or
C. an order issued by
				the Board.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 3 - Declaratory Opinions › Rule 25-103-3.3 - 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 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 3 - Declaratory Opinions › Rule 25-103-3.4 - 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.
A. Each request must be
				submitted on 8-1/2" x 11" white paper.
B. The request may be in the form of a letter
				addressed to the [Agency] or in the form of a pleading as if filed with a
				court.
C. Each request must include
				the full name, telephone numbers, and mailing address of the
				requestor(s).
D. 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.
E. 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 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 3 - Declaratory Opinions › Rule 25-103-3.5 - 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 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 3 - Declaratory Opinions › Rule 25-103-3.6 - Request Content Requirement

Current through June 25, 2024
Each request must contain the following:
A. A clear identification of the statute,
				rule, or order at issue;
B. The
				question for the declaratory opinion;
C. A clear and concise statement of all facts
				relevant to the question presented;
D. 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
E. 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 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 3 - Declaratory Opinions › Rule 25-103-3.8 - Agency Response

Current through June 25, 2024
. Within forty-five (45) days after the receipt of a request
				  for a declaratory opinion which complies with the requirements of these rules,
				  the State Veterans Affairs Board 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.
The forty-five (45) day period shall begin on the first
				  business day after which the request is received by the Board.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 3 - Declaratory Opinions › Rule 25-103-3.9 - 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 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 4 - Rulemaking Oral Proceedings › Rule 25-103-4.1 - Purpose

Current through June 25, 2024
This chapter consists of 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.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 4 - Rulemaking Oral Proceedings › Rule 25-103-4.2 - 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 State Veterans Affairs Board pursuant to
				  the Administrative Procedures Act.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 4 - Rulemaking Oral Proceedings › Rule 25-103-4.3 - 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.
A. Each request must be
				submitted on 8-1/2" x 11" white paper.
B. The request may be in the form of a letter
				addressed to the State Veterans Affairs Board or in the form of a pleading as
				if filed with a court.
C. Each
				request must include the full name, telephone numbers, and mailing address of
				the requestor(s).
D. 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 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 4 - Rulemaking Oral Proceedings › Rule 25-103-4.4 - 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 States 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 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 4 - Rulemaking Oral Proceedings › Rule 25-103-4.5 - Public Participation Guidelines

Current through June 25, 2024
Public participation shall be permitted at oral proceedings
				  in accordance with the following:
A. At
				an oral proceeding on a proposed rule, persons may make statements and present
				documentary and physical submissions concerning the proposed rule.
B. Persons wishing to make oral presentations
				at such a proceeding shall notify the State Veterans Affairs Board 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 State Veterans Affairs
				Board prior to the proceeding.
C.
				At the proceeding, those who participate shall indicate their names and
				addresses, identify any persons or organizations they may represent, and
				provide any other information relating to their participation deemed
				appropriate by the presiding officer.
D. 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.
E. 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.
F. 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 25 - Military and Veterans - Veterans' Home Purchase Board › Part 103 - Administrative Rules › Chapter 4 - Rulemaking Oral Proceedings › Rule 25-103-4.6 - 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 [Agency], part of the rulemaking
				  record, and are subject to the State Veterans Affairs Boards public records
				  request procedure. The State Veterans Affairs Board may record oral proceedings
				  by stenographic or electronic means.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 201 - Organization and Executive Policies and Procedures › Chapter 1 - Organization of the Veterans' Home Purchase Board › Rule 25-201-1.1 - Chapter Content

Current through June 25, 2024
In accordance with Section
				  25-43-2.104(a)
				  of the Mississippi Administrative Procedures Act, this chapter describes the
				  Veterans' Home Purchase Board's duties and responsibilities, the organization
				  of the Veterans' Home Purchase Board, its methods of operations, and how the
				  public can contact the agency to make submissions or
				  requests.
Miss. Code Ann. §
										35-7-7
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 201 - Organization and Executive Policies and Procedures › Chapter 1 - Organization of the Veterans' Home Purchase Board › Rule 25-201-1.2 - Veterans' Home Purchase Board Duties

Current through June 25, 2024
The Veterans' Home Purchase Board (VHPB) is an Agency of the
				  State of Mississippi. This Agency is governed under the Mississippi Code 1972:
				  Sections §
									35-7-1
				  through §
									35-7-51.
				  The Agency is charged with the duty to provided funding for Residential
				  Mortgage Loans to qualified Mississippi Veterans.
Miss. Code Ann. §
										35-7-3
				  and §
										35-7-7
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 201 - Organization and Executive Policies and Procedures › Chapter 1 - Organization of the Veterans' Home Purchase Board › Rule 25-201-1.3 - Veterans' Home Purchase Board's Office Organization

Current through June 25, 2024
The Veterans' Home Purchase Board consists of a six member
				  Board of Directors that is appointed by the Governor with the advice and
				  consent of the Senate, an Executive Director, three department heads (Mortgage
				  Origination, Servicing, and Finance / Accounting), and other staff who assist
				  the Executive Director and department heads in carrying out the
				  responsibilities of the Agency.
Miss. Code Ann. §
										35-7-7
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 201 - Organization and Executive Policies and Procedures › Chapter 1 - Organization of the Veterans' Home Purchase Board › Rule 25-201-1.5 - Contact Information

Current through June 25, 2024
A current listing of contact information for the Veterans'
				  Home Purchase Board's office may be found at
www.vhpb.state.ms.us
or
				  obtained by calling (601) 576-4800.
Miss. Code Ann. §
										35-7-7
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 201 - Organization and Executive Policies and Procedures › Chapter 2 - Rulemaking Oral Proceedings › Rule 25-201-2.1 - Application of Chapter

Current through June 25, 2024
This chapter applies to all oral proceedings held for the
				  purpose of providing the public an opportunity to make oral presentations or
				  written input on proposed new rules, amendments to rules, and proposed repeal
				  of existing rules before the Veterans' Home Purchase Board's Office pursuant to
				  the Administrative Procedures Act.
Miss. Code Ann. §
										35-7-7
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 201 - Organization and Executive Policies and Procedures › Chapter 2 - Rulemaking Oral Proceedings › Rule 25-201-2.2 - 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.
A. Each request must be
				submitted on 8-1/2" x 11" white paper.
B. The request may be in the form of a letter
				addressed to the Veterans' Home Purchase Board or in the form of a pleading as
				if filed with a court.
C. Each
				request must include the full name, telephone numbers, and mailing address of
				the requestor(s).
D. 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. §
										35-7-7
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 201 - Organization and Executive Policies and Procedures › Chapter 2 - Rulemaking Oral Proceedings › Rule 25-201-2.3 - 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 Veterans' Home Purchase Board 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 Executive Director, 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. §
										35-7-7
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 201 - Organization and Executive Policies and Procedures › Chapter 2 - Rulemaking Oral Proceedings › Rule 25-201-2.4 - Public Participation Guidelines

Current through June 25, 2024
Public participation shall be permitted at oral proceedings
				  in accordance with the following:
A. At
				an oral proceeding on a proposed rule, persons may make statements and present
				documentary and physical submissions concerning the proposed rule.
B. Persons wishing to make oral presentations
				at such a proceeding shall notify the Veterans' Home Purchase Board 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 Veterans Home Purchase
				Board prior to the proceeding.
C.
				At the proceeding, those who participate shall indicate their names and
				addresses, identify any persons or organizations they may represent, and
				provide any other information relating to their participation deemed
				appropriate by the presiding officer.
D. 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.
E. 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.
F. 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. §
										35-7-7
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 201 - Organization and Executive Policies and Procedures › Chapter 2 - Rulemaking Oral Proceedings › Rule 25-201-2.5 - 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 Veterans' Home Purchase Board, part
				  of the rulemaking record, and are subject to the Veterans' Home Purchase
				  Board's public records request procedure. The Veterans' Home Purchase Board may
				  record oral proceedings by stenographic or electronic means.
Miss. Code Ann. §
										35-7-7
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 201 - Organization and Executive Policies and Procedures › Chapter 3 - Declaratory Opinions › Rule 25-201-3.1 - Application of Chapter

Current through June 25, 2024
This chapter sets forth the Veterans' Home Purchase Board'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 Veterans' Home Purchase Board's procedures regarding the disposition of
				  requests as required by Mississippi Code §
									25-43-2.103.
Miss. Code Ann. §
										35-7-7
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 201 - Organization and Executive Policies and Procedures › Chapter 3 - Declaratory Opinions › Rule 25-201-3.2 - Scope of Declaratory Opinions

Current through June 25, 2024
The Veterans' Home Purchase Board will issue declaratory
				  opinions regarding the applicability to specified facts of:
A. a statute administered or enforceable by
				the Veterans' Home Purchase Board,
B. a rule promulgated by the Veterans' Home
				Purchase Board, or
C. an order
				issued by the Veterans' Home Purchase Board.
Miss. Code Ann. §
										35-7-7
Mississippi Administrative Code › Title 25 - Military and Veterans - Veterans' Home Purchase Board › Part 201 - Organization and Executive Policies and Procedures › Chapter 3 - Declaratory Opinions › Rule 25-201-3.3 - Scope of Declaratory Opinion Request

Current through June 25, 2024
A request must be limited to a single transaction or
				  occurrence.
Miss. Code Ann. §
										35-7-7