reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-112 - EMERGENCY CONTRACTS

Current through June 25, 2024
Emergency contracts will be reviewed by PPRB staff for
				  technical compliance upon the written request of the submitting agency. The
				  PPRB staff will process the contract in MAGIC upon receipt of the contract, and
				  then conduct the requested review and notify the agency of any problems found
				  during the requested review; however, it is the responsibility of the agency to
				  correct any errors. If no written request for review is made by the submitting
				  agency, PPRB staff will process the contract in MAGIC upon receipt of same, and
				  then conduct a review of the contract for internal auditing purposes. Emergency
				  contracts will be presented to the PPRB at its regular meeting and will be
				  included in the minutes of said meeting, but no action is required by the PPRB
				  as to these contracts. Any approval in MAGIC or any other state system does not
				  constitute approval of the emergency procurement by the PPRB and is done solely
				  for processing purposes. The PPRB will submit a quarterly report of all
				  emergency contracts to the Chairs of the Accountability, Efficiency and
				  Transparency (AET) Committees of the Senate and House of Representatives.
This provision is not intended to prevent the PPRB from
				  making a report as provided in Section 3-602.01 (Statutory Authority to Audit)
				  or to take other action as deemed appropriate.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-113 - PROTEST OF SOLICITATIONS OR AWARDS › Section 12-9-7-113.01 - Procedure for Filing Protests

Current through June 25, 2024
Protestors should seek resolution of their complaints
					 initially with the office that issued the solicitation.
Any actual or prospective bidder or offeror who is
					 aggrieved in connection with the solicitation or award of a contract may
					 protest to the Chief Procurement Officer and copy the Department of Finance and
					 Administration Director of the Office of Personal and Professional Service
					 Contract Review. The protest shall be submitted in writing within seven (7)
					 calendar days of the award or within seven (7) calendar days of the
					 solicitation posting if the protest is based on the solicitation.
A protest is considered filed when received by the Chief
					 Procurement Officer. Protests filed after the seven (7) day period shall not be
					 considered.
The Chief Procurement Officer shall submit a copy of the
					 protest to the Office of Personal Service Contract Review within three (3)
					 business days of receipt of a written protest. The Office of Personal Service
					 Contract Review shall forward a copy of the protest to the Special Assistant
					 Attorney General.
To file a protest directly to the PPRB, the aggrieved
					 party shall file a protest with the Office of Personal Service Contract Review
					 within seven (7) calendar days after the aggrieved party knew or should have
					 known of the facts and circumstances upon which the protest is based, but in no
					 event later than within seven (7) days of the solicitation posting or award.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-113 - PROTEST OF SOLICITATIONS OR AWARDS › Section 12-9-7-113.02 - Content of Protest

Current through June 25, 2024
To expedite handling of protests, the envelope should be
					 labeled "Protest." The written protest shall include as a minimum the
					 following:
(a) the name and address of
				  the protestor;
(b) appropriate
				  identification of the procurement and if a contract has been awarded, its
				  number;
(c) a statement of reasons
				  for the protest; and
(d)
				  supporting exhibits, evidence, or documents to substantiate any claims unless
				  not available within the filing time in which case the expected availability
				  date shall be indicated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-113 - PROTEST OF SOLICITATIONS OR AWARDS › Section 12-9-7-113.02 - Protest Decision

Current through June 25, 2024
If the protest is not resolved by mutual agreement, the
					 Agency Head shall promptly issue a decision in writing. The decision shall: (a)
					 state the reasons for the action taken; and (b) inform the protestor of the
					 right to administrative review. A copy of the decision shall be mailed or
					 otherwise furnished in writing immediately to the protestor and any other
					 interested party.
A decision on a protest shall be made by the Agency Head
					 or PPRB as expeditiously as possible after receiving all relevant, requested
					 information. If a protest is sustained, the available remedies include, but are
					 not limited to, cancellation or revision of the solicitation in accordance with
					 Section 5-204 (REMEDIES PRIOR TO AN AWARD) or cancellation of the contract in
					 accordance with Section 5-205 (REMEDIES AFTER AN AWARD).
A decision shall be final and conclusive, unless
					 fraudulent, or any person adversely affected by the decision appeals
					 administratively to the Public Procurement Review Board.
The Agency Head will refuse to decide any protest when a
					 matter involved is the subject of a proceeding before the Procurement Review
					 Board or has been decided on the merits by the Board. If an action concerning
					 the protest has commenced in court, the Agency Head or PPRB shall not act on
					 the protest. This section shall not apply where the Board or a court requests,
					 expects, or otherwise expresses interest in the decision of the Agency Head or
					 Public Procurement Review Board.
On any direct protest, the PPRB shall decide whether the
					 solicitation or award was in accordance with the Constitution, statutes, rules
					 and regulations, and the terms and conditions of the solicitation. The
					 proceeding shall be de novo. Any prior determinations by administrative
					 officials shall not be final or conclusive. A determination of an issue of fact
					 by the PPRB shall be final and conclusive unless arbitrary, capricious,
					 fraudulent, or clearly erroneous.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-113 - PROTEST OF SOLICITATIONS OR AWARDS › Section 12-9-7-113.03 - Stay of Solicitation or Award

Current through June 25, 2024
In the event of a timely protest, the agency shall not
					 proceed further with the solicitation or with the award of the contract until
					 the Public Procurement Review Board approves the determination that
					 continuation of the solicitation or award of the contract without delay is
					 necessary to protect substantial interests of the State.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-113 - PROTEST OF SOLICITATIONS OR AWARDS › Section 12-9-7-113.04 - Right to Appeal

Current through June 25, 2024
Any person adversely affected by the protest decision of
					 an Agency Head may appeal administratively to the Public Procurement Review
					 Board.
For an appeal under this section, the aggrieved person
					 shall file an appeal within seven (7) calendar days of receipt of a Protest
					 Decision.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-114 - POST-AWARD VENDOR DEBRIEFING › Section 12-9-7-114.01 - Debriefing Request

Current through June 25, 2024
A vendor, successful or unsuccessful, may request a
					 post-award vendor debriefing, in writing, by U.S. mail or electronic
					 submission, to be received by the agency within three (3) business days of
					 notification of the contract award. A vendor debriefing is a meeting and not a
					 hearing; therefore, legal representation is not required. If a vendor prefers
					 to have legal representation present, the vendor must notify the agency and
					 identify its attorney. The agency shall be allowed to schedule and/or suspend
					 and reschedule the meeting at a time when a representative of the Office of the
					 Mississippi Attorney General can be present.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-114 - POST-AWARD VENDOR DEBRIEFING › Section 12-9-7-114.02 - When Debriefing Should Be Conducted

Current through June 25, 2024
Unless good cause exists for delay, the debriefing should
					 occur within three (3) business days after receipt of the vendor request and
					 may be conducted during a face-to-face meeting, by telephonic or video
					 conference, or by any other method acceptable to the agency. The Chief
					 Procurement Officer or designee should chair the meeting, and where
					 practicable, include other staff with direct knowledge of the
					 procurement.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-114 - POST-AWARD VENDOR DEBRIEFING › Section 12-9-7-114.03 - Information To Be Provided

Current through June 25, 2024
At a minimum, the debriefing information shall include the
					 following:
(1) The agency's evaluation
				  of significant weaknesses or deficiencies in the vendor's bid, proposal, or
				  qualifications, if applicable;
(2)
				  The overall evaluated cost or price, and technical rating, if applicable, of
				  the successful vendor(s) and the debriefed vendor;
(3) The overall ranking of all vendors, when
				  any ranking was developed by the agency during the selection process;
(4) A summary of the rationale for
				  award; and,
(5) Reasonable
				  responses to relevant questions about selection procedures contained in the
				  solicitation, applicable regulations, and other applicable authorities that
				  were followed.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-114 - POST-AWARD VENDOR DEBRIEFING › Section 12-9-7-114.04 - Information Not To Be Provided

Current through June 25, 2024
The debriefing shall not include point-by-point
					 comparisons of the debriefed vendor's bid, proposal, or qualification with
					 those of other offering vendors. Any written request by a vendor for
					 nondisclosure of trade secrets and other proprietary data is subject to the
					 provisions of Mississippi Code Annotated §§
										25-61-9
					 and
					 79-23-1
					 and §§
										75-26-1
					 through
					 75-26-19.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-114 - POST-AWARD VENDOR DEBRIEFING › Section 12-9-7-114.05 - Statement in the Solicitation

Current through June 25, 2024
The agency shall include in each solicitation a statement
					 that vendor debriefing is available and the information described in Section
					 7-112.03 may be disclosed during post-award debriefing.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-114 - POST-AWARD VENDOR DEBRIEFING › Section 12-9-7-114.06 - Summary

Current through June 25, 2024
An official summary of the debriefing shall be included in
					 the contract file.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-114 - POST-AWARD VENDOR DEBRIEFING › Section 12-9-7-114.07 - Pre-Award Vendor Debriefing

Current through June 25, 2024
Nothing in these regulations requires or prohibits
					 pre-award vendor debriefing.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-115 - UTILIZATION OF STATE PROPERTY BY CONTRACTOR

Current through June 25, 2024
If a contractor will be utilizing State property (office
				  space, equipment, etc.) for the provision of services, the procuring agency
				  shall submit a written notification to the Bond Commission explaining the
				  property to be used. A copy of this letter must be submitted to the PPRB as
				  part of the procurement packet.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-116 - TRANSFER OF SPENDING AUTHORITY

Current through June 25, 2024
SPAHRS no longer requires the transfer of spending authority
				  from one fiscal year to the next for independent contractors.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-117 - EXECUTED CONTRACTS

Current through June 25, 2024
After the approval of a contract by the PPRB, the contract
				  may be executed by the agency and the vendor. The contract, including any
				  accompanying exhibits, attachments, and appendices, is subject to the
				  Mississippi Public Records Act of 1983 and its exceptions. See Mississippi Code
				  Annotated §§
									25-61-1
et seq.
and Mississippi Code Annotated §
									79-23-1.
				  Unless exempted from disclosure due to a court-issued protective order, a copy
				  of this executed contract is required to be posted to the Department of Finance
				  and Administration's independent agency contract website for public access at
http://www.transparency.mississippi.gov
.
				  See Mississippi Code Annotated §§
									27-104-151
et seq.
The personal or professional services to be provided,
				  the price to be paid, and the term of the contract shall not be deemed to be a
				  trade secret, or confidential commercial or financial information. The executed
				  contract must be identical to the proposed contract approved by the PPRB or the
				  contract will be deemed null and void. If a change is to be made to the
				  contract after approval by the PPRB but before execution, the change must be
				  brought before the PPRB for approval.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-118 - SPAHRS AND MAGIC PROCEDURES FOR PPRB CONTRACTS › Section 12-9-7-118.01 - Entering Contract Information in SPAHRS and/or MAGIC

Current through June 25, 2024
An agency should enter complete contract information into
					 the SPAHRS and/or MAGIC system and transmit it electronically to the PPRB for
					 review. The agency shall follow all applicable requirements by the Internal
					 Revenue Code to determine contract type, all DFA requirements for vendor codes,
					 social security numbers and commodity codes, and all PPRB requirements detailed
					 in the
Public Procurement Review Board Office of Personal Service
					 Contract Review Rules and Regulations.
Only one contract service type
					 may be entered for each request. Agencies must submit necessary vendor codes
					 with vendor number/social security number in SPAHRS and/or MAGIC.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-118 - SPAHRS AND MAGIC PROCEDURES FOR PPRB CONTRACTS › Section 12-9-7-118.02 - Requests to Modify

Current through June 25, 2024
Requests to modify the terms of previously PPRB-approved
					 contracts are to be resubmitted to the appropriate regulatory board (if
					 applicable) and approved by that board prior to submission to the PPRB. Along
					 with the amendment modifying the original contract terms, the approved SPAHRS
					 and/or MAGIC entry must also be modified.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-118 - SPAHRS AND MAGIC PROCEDURES FOR PPRB CONTRACTS › Section 12-9-7-118.03 - Terminations

Current through June 25, 2024
Agencies must notify the PPRB upon termination of
					 previously approved contracts for personal and professional services or the
					 completion of the performance of services prior to the original terms of the
					 contract (expiration date). The approved spending authority should be modified
					 to reflect the total dollar amount expended. This modification must be
					 transmitted to the PPRB for approval. After approval of the modified amount, a
					 termination date should be entered into SPAHRS and/or MAGIC. The original
					 approved end date remains the end date approved by the PPRB. A termination date
					 is entered in the "Termination Date" field in SPAHRS and/or MAGIC.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-118 - SPAHRS AND MAGIC PROCEDURES FOR PPRB CONTRACTS › Section 12-9-7-118.04 - Options to Renew

Current through June 25, 2024
Options to renew which are not exercised by the agency
					 will be treated as a termination by the PPRB.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-119 - DHS OR DCPS PERSONAL SERVICE CONTRACTS

Current through June 25, 2024
From July 1, 2016 through June 30, 2019, the Department of
				  Human Services (DHS) must give PPRB notice before entering into any proposed
				  personal service contract which is determined by the DHS Agency Head to be
				  useful in establishing and operating the Department of Child Protection
				  Services (DCPS). The Agency Head of DHS must advise the Board of his or her
				  determination that the proposed contract would be useful in establishing and
				  operating DCPS.
From July 1, 2016 to June 30, 2019, the Agency Head of DCPS
				  must give PPRB notice before entering into any proposed personal service
				  contract.
Written notice to the PPRB must be signed by the Agency Head
				  and identify the contractor(s), contract term, annual cost, total contract
				  cost, method of procurement, purpose of the contract, a statement of usefulness
				  for establishing and operating DCPS where applicable, and a copy of the
				  proposed contractual agreement including any exhibits or attachments referenced
				  therein.
Upon receipt of the written notice, notice will be posted at
				  http://www.DFA.ms.gov/personal-service-contract-review-board.aspx and on the
				  Mississippi Contract/Procurement Opportunity Search Portal website established
				  by §§
									25-53-151
				  and
				  27-104-165.
If PPRB responds to DHS or DCPS within seven calendar days
				  after receiving the notice, then PPRB has an additional seven calendar days
				  from the date of the initial response to provide any recommendations. PPRB will
				  notify the agency of any recommendations; however, any implemented
				  recommendation is made at the discretion of DHS or DCPS. At the end of the
				  second seven-day period, the agency may execute and enter into the proposed
				  personal service contract.
DHS and DCPS contracts will be reported to the PPRB at its
				  regular meeting and will be included in the minutes of said meeting, but no
				  action is required by the Board as to these contracts. Any approval in MAGIC or
				  any other state system does not constitute approval of the DHS or DCPS
				  procurement or contract by the PPRB and is done solely for processing purposes.
See Senate Bill 2179 (2016 Regular Session).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-100 - GENERAL › Section 12-10-100.1 - State Law

Current through June 25, 2024
The Legislature of the State of Mississippi in the regular
				  session of 1984 amended Section 29, Subsection 13, Parts 1, 3, and 5,
				  Mississippi Code of 1972. This Section requires the Department of Finance &
				  Administration (DFA), to (1) purchase flood insurance for state-owned buildings
				  and/or contents as required by federal law; (2) adopt floodplain management
				  criteria applicable to all new construction or substantial improvement of
				  state-owned buildings and other state-owned development located in floodplain
				  areas; (3) compile an inventory of all state-owned buildings and land in
				  floodplain areas; and (4) enforce the floodplain management criteria and
				  procedure.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-100 - GENERAL › Section 12-10-100.3 - Findings of Fact

Current through June 25, 2024
1. The floodplains
				of the State of Mississippi are subject to periodic inundation which results in
				loss of life, property, health and safety hazards, disruption of commerce and
				governmental services, and extraordinary public expenditures for flood
				protection and relief, and all which adversely affect the public health, safety
				and general welfare.
2. These
				flood losses are caused by the cumulative effect of obstructions in floodplains
				causing increases in flood heights and velocities, and by the occupancy in
				floodplains by uses vulnerable to floods or hazardous to other properties which
				are inadequately elevated, flood proofed, or otherwise protected from flood
				damages.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-100 - GENERAL › Section 12-10-100.4 - Statement of Purpose

Current through June 25, 2024
It is the purpose of these regulations to promote the public
				  health, safety and general welfare, and to minimize public and private losses
				  due to flood conditions in specific areas by provisions designed to:
1. Restrict or prohibit uses which are
				dangerous to health, safety and property due to water or erosion or in flood
				heights or velocities;
2. Require
				that uses vulnerable to floods, including facilities which serve such uses, to
				be protected against flood damage at the time of initial construction;
3. Control the alteration of
				natural floodplains, stream channels, and natural floodplains, stream channels,
				and natural protective barriers, which are involved in accommodation of flood
				waters.
4. Control filling,
				grading, degrading and other developments which may increase erosion or flood
				damage;
5. Prevent or regulate the
				construction of flood barriers which will unnaturally divert flood waters or
				which may increase flood hazards to the other lands.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-100 - GENERAL › Section 12-10-100.5 - Objectives

Current through June 25, 2024
The objectives of these regulations are:
1. To protect human life and health;
2. To minimize expenditure of
				public money for costly flood control projects;
3. To minimize the need for rescue and relief
				efforts associated with flooding and generally undertaken at the expense of the
				general public;
4. To minimize
				damage to state buildings, structures and land by providing for the sound use
				and development of flood prone areas in such manner as to minimize flood blight
				areas;
5. To minimize prolonged
				business interruptions.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-100 - GENERAL › Section 12-10-100.7 - Applicability

Current through June 25, 2024
(1) These regulations shall apply to: All
				state-owned lands within the floodplains of the State of Mississippi.
(2) Every State of Mississippi
				property participates in the National Flood Insurance Program via the DFA
				Office of State Property Insurance (OSPI).
(3) The Mississippi State Port Authority
				provides their own NFIP flood insurance.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-100 - GENERAL › Section 12-10-100.8 - Basis for Establishing the Floodplains

Current through June 25, 2024
All floodplains (to include base flood elevations and
				  floodways) in the state shall be identified by the appropriate State Property
				  Floodplain Manager from the following sources, documents and maps:
1. FEMA Flood Map Service Center (
www.msc.fema.gov
);
2. Flood Insurance Studies, Flood Insurance
				Rate Maps, and Flood Boundary and Floodway Maps as prepared by the Map Service
				Center of the Federal Emergency Management Agency.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-100 - GENERAL › Section 12-10-100.10 - Compliance

Current through June 25, 2024
No state-owned building, structure, land or real property
				  located on the floodplains of the state shall hereafter be located, extended,
				  converted or structurally altered by any person or state agency without full
				  compliance with the terms of these regulations.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-100 - GENERAL › Section 12-10-100.11 - Abrogation and Greater Restrictions

Current through June 25, 2024
These regulations are not intended to repeal, abrogate, or
				  impair any existing state or federal easements, covenants, or deed
				  restrictions. However, where these regulations and another state or federal
				  regulation conflict or overlay, whichever impose the more stringent
				  restrictions shall prevail.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-100 - GENERAL › Section 12-10-100.12 - Interpretation

Current through June 25, 2024
In the interpretation and application of these regulations,
				  all provisions shall be: (1) considered as minimum requirements; and (2)
				  liberally construed in favor of the state.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-100 - GENERAL › Section 12-10-100.13 - Warning and Disclaimer of Liability

Current through June 25, 2024
The degree of flood protection required by these regulations
				  is considered reasonable for regulatory purposes and is based on scientific and
				  engineering considerations. Larger floods can and will occur on rare occasions.
				  Flood heights may be increased by man-made or natural causes. These regulations
				  do not imply that land outside the areas will be free from flooding or flood
				  damages. These regulations shall not create liability on the part of the State
				  of Mississippi or by an officer or employee thereof for any regulations or any
				  administrative decision lawfully made thereunder.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-100 - GENERAL › Section 12-10-100.14 - Penalties for Violation

Current through June 25, 2024
a. It shall be the
				responsibility of the State Property Floodplain Manager to notify in writing
				any state department or agency or division thereof, which is found to be in
				violation of any section of the State Floodplain Management Regulations,
				Criteria & Procedures within five days from discovery of such violation.
b. Upon receipt of such
				notification by any state department or agency or division thereof, action
				should be initiated by the same within forty-five (45) calendar days from
				receipt of said notice to remedy all violations of floodplain regulations which
				are cited in the notice.
c.
				Failure by any state department or agency or division thereof, to begin such
				action within the specified time and complete necessary action within a
				reasonable time period will result in a notification to the Mississippi Office
				of the State Auditor and a recommendation by the State Property Floodplain
				Manager to the Deputy Executive Director and/or Executive Director of the MS
				Department of Finance & Administration to the freezing of their state
				project funds, exclusive of payrolls which were directed for use by that
				department or agency division thereof, which is found to be in violation, until
				such action had been completed which eliminates the violation(s) and brings
				that state department or agency or division thereof, into compliance with the
				floodplain regulations of the state.
d. Nothing herein contained shall prevent the
				MS Department of Finance & Administration from taking such other lawful
				action as is necessary to prevent or remedy any violation.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-100 - GENERAL › Section 12-10-100.15 - Amendment Procedure

Current through June 25, 2024
a. Any amendment of
				these regulations shall be submitted to the Federal Emergency Management Agency
				and the State Property Floodplain Manager, MS Department of Finance &
				Administration.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-100 - GENERAL › Section 12-10-100.16 - Severability

Current through June 25, 2024
If any section, clause, provision or portion of these
				  regulations is adjudged unconstitutional or invalid by a court of competent
				  jurisdiction, the remainder of these regulations shall remain in effect.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-200 - ADMINISTRATION › Section 12-10-200.1 - Designation of State Property Floodplain Manager

Current through June 25, 2024
The MS Department of Finance & Administration, by
				  adoption of these regulations, appoints the Director of the DFA Office of State
				  Property Insurance as State Floodplain Manager to administer and enforce these
				  regulations as they apply to state-owned development, with the exception of
				  state-owned roads and bridges. The Mississippi Department of Transportation is
				  appointed to enforce and administer the provisions of these regulations as they
				  apply to state-owned roads and bridges.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-200 - ADMINISTRATION › Section 12-10-200.4 - Variance Procedures

Current through June 25, 2024
(1) The Mississippi
				DFA Deputy Executive Directors shall serve as the appeal board and shall hear
				and decide appeals and requests for variances from the requirements of these
				regulations;
(2) The MS Department
				of Finance & Administration shall hear and decide appeals when it is
				alleged there is an error in any requirements, decision or determination made
				by the State Property Floodplain Manager in the enforcement or administration
				of these regulations;
(3) Any
				state agency or person aggrieved by the decision of MS Department of Finance
				& Administration may appeal such decision to the Chancery Court of Hinds
				County, Mississippi;
(4) Variances
				may be issued for the reconstruction, rehabilitation or restoration of
				structures listed on the National Register of Historic Places or those which
				are considered eligible for nomination to the National Register by the
				Executive Director of MS Department of Archives & History or which are
				listed by the State Inventory of Historic Places without regard to the
				procedure set forth in the remainder of those section and provided the proposed
				reconstruction, rehabilitation, or restoration will not result in the structure
				losing its historical designation. See FEMA NFIP Bulletin on Historic
				Structures on the DFA Office of State Property Insurance website;
(5) In passing upon such application, the MS
				Department of Finance & Administration (Appeal Board) shall consider all
				technical evaluations, all relevant factors, all standards specified in other
				sections of these regulations, and:
(a) The
				danger that materials may be swept onto other lands to the injury of others;
(b) The danger of life and
				property due to flooding or erosion damage;
(c) The susceptibility of the proposed
				facility and its contents to flood damage and the effect of such damage on the
				state;
(d) The importance of the
				services provided by the proposed facility to the state;
(e) The necessity to the facility of a
				waterfront location, in the case of a functionally dependent facility.
(f) The availability of
				alternative locations, not subject to flooding or erosion damage, for the
				proposed use;
(g) The
				compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the
				proposed use to the comprehensive plan and floodplain management program for
				that;
(i) The safety of access to
				the property in times of flood for ordinary and emergency vehicles;
(j) The expected heights, velocity, duration,
				rate of rise and sediment transport of flood waters and the effects of wave
				action, if applicable, expected at the site; and
(k) The costs of providing governmental
				services during and after flood conditions including maintenance and repair of
				public utilities and structures such as sewer, gas electrical and water systems
				and streets and bridges.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-300 - PROVISIONS FOR FLOOD HAZARD REDUCTION › Section 12-10-300.1 - General Standards

Current through June 25, 2024
In all areas of special flood hazards, the following
				  provisions are required:
(1) All new
				construction and substantial improvements shall be anchored to prevent
				flotation, collapse or lateral movement of the structure;
(2) All new construction and substantial
				improvements shall be constructed with materials and utility equipment
				resistant to flood damage.
(3) All
				new construction and substantial improvements shall be constructed by methods
				and practices that minimize flood damage;
(4) All new and replacement water supply
				systems shall be designed to minimize or eliminate infiltration of flood waters
				into the system;
(5) New and
				replacement sanitary sewage systems shall be designed to minimize or eliminate
				infiltration of flood waters into the systems and discharges from the systems
				flood waters;
(6) Onsite waste
				disposal systems shall be located and constructed to avoid impairment to them
				or contamination from them during flooding;
(7) Any alteration, repair, construction, or
				improvements to a structure which is in compliance with the provisions of these
				regulations, shall meet the requirement standards for "new construction";
(8) Electrical, heating,
				ventilation, plumbing, air conditioning equipment, and other service facilities
				shall be designed and/or located so as to prevent water from entering or
				accumulation within the components during conditions of flooding.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-300 - PROVISIONS FOR FLOOD HAZARD REDUCTION › Section 12-10-300.2 - Specific Standards

Current through June 25, 2024
In all areas of Special Flood Hazards where base flood
				  elevation data has been provided, the following provisions are required:
(1)
Residential
				Construction
- New construction or substantial improvement of any
				residential structure shall have the lowest floor, including basement, elevated
				to one foot (1'), above the base flood elevation. A registered (in Mississippi)
				land surveyor shall certify that the standards of the subsection are satisfied.
				Should solid foundation perimeter walls be used to elevate a structure,
				openings sufficient to facilitate the impeded movements of flood waters shall
				be provided in accordance with standards Elevated Buildings, Section 300,
				Paragraph 300.2(3).
(2)
Non-Residential Construction
- New construction or
				substantial improvement of any commercial, industrial, or non-residential
				structure shall have the lowest floor, including basement, elevated no lower
				than one foot (1') above the level of the base flood elevation. Structures
				located in all A zones may be flood-proofed in lieu of being elevated provided
				that all areas of the structure below the required elevation are water tight
				with walls substantially impermeable to the passage of water, and use
				structural components having the capability of resisting hydrostatic and
				hydrodynamic loads and the effect of buoyancy. A registered (in Mississippi)
				professional engineer or architect shall develop and /or review structural
				design, specifications, and plans for the construction and shall certify that
				design and method of construction are in accordance with accepted standards of
				practice.
(3)
Elevated
				Building
.
New construction or substantial improvements of elevated
				  buildings that include fully enclosed areas formed by foundation and other
				  exterior walls below the base flood elevation shall be designed to preclude
				  finished living space and designed to allow for the entry and exit of flood
				  waters to the automatically equalize hydrostatic flood forces on exterior
				  walls.
(a) Designs for complying with
				this requirement must either be certified by a professional engineer or
				architect, registered in Mississippi, or meet the following minimum criteria:
(i) Provide a minimum of two openings on
				separate walls having a total net area of not less than one square inch for
				every square foot of enclosed area subject to flooding;
(ii) The bottom of all openings shall be no
				higher than one foot above grade; and,
(iii) Openings may be equipped with screens,
				louvers, valves or other coverings or devices provided they permit the
				automatic flow of floodwaters in both directions.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-300 - PROVISIONS FOR FLOOD HAZARD REDUCTION › Section 12-10-300.3 - Coastal High Hazard Areas (V Zones)

Current through June 25, 2024
Locations within the areas of special flood hazard are areas
				  designated as Coastal High Hazard Areas. These areas have special flood hazard
				  associated with wave wash. The following provisions shall apply:
1. All new buildings or structures shall be
				located landward of the reach of the mean high tide, and shall be securely
				anchored on pilings or columns;
2.
				All new buildings or structures shall be elevated so that the bottom of the
				lowest supporting horizontal member (excluding pilings or columns) is located
				no lower than one (1) foot above the base flood elevation level, with all space
				below the lowest supporting member open so as not to impede the flow of water.
				Breakaway walls may be permitted and must be designed to wash away in the event
				of abnormal wave action;
3. All
				buildings or structures shall be securely anchored on pilings or columns;
4. All pilings and columns and the
				attached structures shall be anchored to resist flotation, collapse, and
				lateral movement due to the effect of wind water loads acting simultaneously on
				all buildings components. The anchoring and support systems shall be designed
				with wind and water loading values which equal or exceed the 100 year mean
				recurrence interval (one percent annual chance flood);
5. A professional engineer or architect
				(registered in Mississippi) shall certify that the design, specifications and
				plans for construction are in compliance with the provisions contained in
				Section 300, Paragraph 300.2 of these regulations;
6. There shall be no fill used as structural
				support. Non-compacted fill may be used around the perimeter of a building for
				landscaping / aesthetic purposes provided the fill will wash out from storm
				surge, (thereby rendering the building free of obstruction) prior to generating
				excessive loading forces, ramping effects or wave deflection;
7. The State Property Floodplain Manager
				shall approve design plans for landscaping/aesthetic fill only after the
				applicant has provided an analysis by an engineer, architect, and/or soil
				scientist (registered in Mississippi), which demonstrates that the following
				factors have been fully considered:
i.
				Particle composition of fill material does not have a tendency for excessive
				natural compaction;
ii. Volume and
				distribution of fill will not cause a wave deflection to adjacent properties;
iii. Slope of fill will not cause
				wave rum-up or ramping;
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-300 - PROVISIONS FOR FLOOD HAZARD REDUCTION › Section 12-10-300.4 - Coastal High Hazard Areas (A Zones)

Current through June 25, 2024
In areas which have been identified as subject to limited
				  wave action (between 1.5 and 3 feet) and designated as a Coastal A-Zone, new
				  and substantially improved structures shall comply with all of the V-Zone
				  provisions of this ordinance. Elevation requirements should refer to the bottom
				  of the lowest horizontal structural member of the lowest floor.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-300 - PROVISIONS FOR FLOOD HAZARD REDUCTION › Section 12-10-300.5 - Standards for Streams Without Established Base Flood Elevations and/or Floodways (Unnumbered A Zones)

Current through June 25, 2024
Located within the areas of special flood hazard established
				  in Section 300.2, where small no base flood data have been provided or where no
				  floodways have been provided, the following provisions apply:
1. No encroachments, including fill material
				or structures shall be located within a distance of the stream bank equal to
				two (2) times the width of the stream at the top of bank or twenty feet each
				side from top of bank whichever is greater unless certification by a
				professional engineer (registered in Mississippi) is provided demonstrating
				that such encroachments shall not result in any increase in flood levels during
				the occurrence of the base flood discharge;
2. New construction or substantial
				improvements of structures shall be elevated or flood-proofed to elevations
				established in accordance with Section 300.2.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-300 - PROVISIONS FOR FLOOD HAZARD REDUCTION › Section 12-10-300.6 - Standards for Areas of Shallow Flooding (AO Zones and Unnumbered A Zones)

Current through June 25, 2024
Located within the areas of special flood hazard established
				  in Section 300.2, are areas designated as shallow flooding areas. These areas
				  have special flood hazards associated with base flood depths of one to three
				  feet (1-3') where a clearly defined channel does not exist and where the path
				  of flooding is unpredictable and indeterminate; therefore, the following
				  provisions apply:
1. All new
				construction and substantial improvements of residential structures shall have
				the lowest floor, including basement, elevated to the depth number specified on
				the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no
				depth number is specified, the lowest floor, including basement, shall be
				elevated at least two (2) feet above the highest adjacent grade; or
2. Together with attendant utility and
				sanitary facilities be completely flood-proofed to or above that level so that
				any space below that level is water tight with walls substantially impermeable
				to the passage of water and with structural components having the capability of
				resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-300 - PROVISIONS FOR FLOOD HAZARD REDUCTION › Section 12-10-300.7 - Prohibited Uses

Current through June 25, 2024
(1) Storage of
				material or equipment that, in time of flooding, could become buoyant and pose
				an obstruction to flow in identified floodway areas.
(2) The placement of manufactured homes
				(mobile homes) in V Zones is prohibited.
(3) New construction of any residential or
				nonresidential structures in floodway areas.
(4) Storage or processing of hazardous,
				flammable, or explosive materials in special flood hazard areas. [Caution:
				while this policy defines the floodplain, floodway and BFE's future conflicts
				may occur when the watershed is remapped or modified by a LOMC]
(5) Critical development in special flood
				hazard areas.
(6) The use of
				nonconforming structures shall not be changed from a non-residential structure
				to a residential structure or a mixed-use structure, or increase the
				residential use area of a mixed-use structure.
(7) The use of any structure shall not be
				changed to a critical facility, where such a change in use will render the new
				critical facility in violation of Section 300.2.(8).