reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 02000 - Established Contracts; Open-Market Purchases; Rental, Lease, and Lease-Purchase of Equipment and Furniture; and Printing, Binding, Engraving and Lithographing › Purpose › Section 37-1-9501-02000-107

Current through June 25, 2024
The Mississippi Procurement Manual can be located at
www.dfa.state.ms.us
under
						statewide purchasing section and the Mississippi Code of 1972 can be located at
						www.sos.state.ms.us/pubs/MScode/ [File Link Not Available]
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03000 - Source Selection and Contract Formation › Purpose › Section 37-1-9501-03000-101

Current through June 25, 2024
The Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding source selection and contract
						formation processes in accordance with the most current version of Mississippi
						Procurement Manual, Section 3.101 through 3.203.17 as amended, and as mandated
						by the most current version of section
						31-7-1 et.
						seq. of the Mississippi Code of 1972 as amended
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03000 - Source Selection and Contract Formation › Purpose › Section 37-1-9501-03000-102

Current through June 25, 2024
Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding source selection and contract
						formation processes in the most current version of the Mississippi Procurement
						Manual, Section 3.101 through 3.203.17 as amended and the most current version
						of Title 31, Chapter 7, Mississippi Code of 1972, as amended. The Mississippi
						Procurement Manual can be located at
www.dfa.state.ms.us
under statewide
						purchasing section and the Mississippi Code of 1972 can be located at
						www.sos.state.ms.us/pubs/MScode/ [File Link Not Available].
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03001 - Small Purchases › Purpose › Section 37-1-9501-03001-101

Current through June 25, 2024
The Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding small purchases in accordance with
						the most current version of the Mississippi Procurement Manual, Section 3.204
						as amended, and as mandated by the most current version of section
						31-7-1 et.
						seq. of the Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03001 - Small Purchases › Purpose › Section 37-1-9501-03001-102

Current through June 25, 2024
Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding small purchases as set forth in the
						most current version of the Mississippi Procurement Manual Section 3.204 as
						amended and the most current version of Title 31, Chapter 7, Mississippi Code
						of 1972, as amended. The Mississippi Procurement Manual can be located at
www.dfa.state.ms.us
under
						statewide purchasing section and the Mississippi Code of 1972 can be located at
						www.sos.state.ms.us/pubs/MScode/ [File Link Not Available].
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03002 - Sole Source Purchases › Purpose › Section 37-1-9501-03002-101

Current through June 25, 2024
The Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding sole source purchases in accordance
						with the most current version of the Mississippi Procurement Manual, Section
						3.205 as amended, and as mandated by the most current version of section
						31-7-1 et.
						seq. of the Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03002 - Sole Source Purchases › Purpose › Section 37-1-9501-03002-102

Current through June 25, 2024
Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding sole source purchases as set forth in
						the most current version of the Mississippi Procurement Manual Section 3.205 as
						amended and the most current version of Title 31, Chapter 7, Mississippi Code
						of 1972, as amended. The Mississippi Procurement Manual can be located at
www.dfa.state.ms.us
under
						statewide purchasing section and the Mississippi Code of 1972 can be located at
						www.sos.state.ms.us/pubs/MScode/ [File Link Not Available].
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03003 - Emergency Purchases › Purpose › Section 37-1-9501-03003-101

Current through June 25, 2024
The Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding emergency purchases in accordance
						with the most current version of the Mississippi Procurement Manual, Section
						3.206 as amended, and as mandated by the most current version of section
						31-7-1 et.
						seq. of the Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03003 - Emergency Purchases › Purpose › Section 37-1-9501-03003-102

Current through June 25, 2024
Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding emergency purchases as set forth in
						the most current version of the Mississippi Procurement Manual Section 3.206 as
						amended and the most current version of Title 31, Chapter 7, Mississippi Code
						of 1972, as amended. The Mississippi Procurement Manual can be located at
www.dfa.state.ms.us
under
						statewide purchasing section and the Mississippi Code of 1972 can be located at
						www.sos.state.ms.us/pubs/MScode/ [File Link Not Available].
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03004 - Invitations for Bids or Requests for Proposals › Purpose › Section 37-1-9501-03004-100

Current through June 25, 2024
To set guidelines for cancellation of invitations for
						bids (IFB) or requests for proposals (RFP).
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03004 - Invitations for Bids or Requests for Proposals › Purpose › Section 37-1-9501-03004-101

Current through June 25, 2024
The Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding the cancellation of invitations for
						bids or requests for proposals in accordance with the most current version of
						the Mississippi Procurement Manual, Section 3.301 as amended, and as mandated
						by the most current version of section
						31-7-1 et.
						seq. of the Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03004 - Invitations for Bids or Requests for Proposals › Purpose › Section 37-1-9501-03004-102

Current through June 25, 2024
Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding the cancellation of invitations for
						bids or requests for proposals as set forth in the most current version of the
						Mississippi Procurement Manual Section 3.301 as amended and the most current
						version of Title 31, Chapter 7, Mississippi Code of 1972, as amended. The
						Mississippi Procurement Manual can be located at
www.dfa.state.ms.us
under
						statewide purchasing section and the Mississippi Code of 1972 can be located at
						www.sos.state.ms.us/pubs/MScode/ [File Link Not Available].
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03005 - Prequalification of Suppliers › Purpose › Section 37-1-9501-03005-101

Current through June 25, 2024
The Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding prequalification of suppliers in
						accordance with the most current version of the Mississippi Procurement Manual,
						Section 3.402 as amended, and as mandated by the most current version of
						section
						31-7-1 et.
						seq. of the Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03005 - Prequalification of Suppliers › Purpose › Section 37-1-9501-03005-102

Current through June 25, 2024
Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding prequalification of suppliers as set
						forth in the most current version of the Mississippi Procurement Manual Section
						3.402 as amended and Title 31, Chapter 7, Mississippi Code of 1972, as amended.
						The Mississippi Procurement Manual can be located at
www.dfa.state.ms.us
under
						statewide purchasing section and the Mississippi Code of 1972 can be located at
						www.sos.state.ms.us/pubs/MScode [File Link Not
						Available]
/
.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03006 - Contracts › Purpose › Section 37-1-9501-03006-101

Current through June 25, 2024
The Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding the use of the different types of
						contracts in accordance with the most current version of the Mississippi
						Procurement Manual, Section 3.501 through Section 3.701 as amended, and as
						mandated by the most current version of section
						31-7-1 et.
						seq. of the Mississippi Code of 1972 as amended and as approved by the
						Mississippi Department of Transportation Commission.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03006 - Contracts › Purpose › Section 37-1-9501-03006-102

Current through June 25, 2024
Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding the use of the different types of
						contracts as set forth in the most current version of the Mississippi
						Procurement Manual, Section 3.501 through Section 3.701 as amended; the most
						current version of Title 31, Chapter 7, Mississippi Code of 1972, as amended;
						and as approved by the Mississippi Department of Transportation Commission. The
						Mississippi Procurement Manual can be located at
www.dfa.state.ms.us
under
						statewide purchasing section and the Mississippi Code of 1972 can be located at
						www.sos.state.ms.us/pubs/MScode/ [File Link Not Available].
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03007 - Forms › Purpose › Section 37-1-9501-03007-101

Current through June 25, 2024
The Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding the use of forms required by the
						Office of Purchasing and Travel in accordance with the most current version of
						the Mississippi Procurement Manual, Section 3.801 as amended and as mandated by
						the most current version of section
						31-7-1 et.
						seq. of the Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 03007 - Forms › Purpose › Section 37-1-9501-03007-102

Current through June 25, 2024
The Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding the use forms required by the Office
						of Purchasing and Travel in accordance with the most current version of the
						Mississippi Procurement Manual, Section 3.801 as amended. The Mississippi
						Procurement Manual can be located at
www.dfa.state.ms.us
under statewide
						purchasing section and the Mississippi Code of 1972 can be located at
						www.sos.state.ms.us/pubs/MScode/ [File Link Not Available].
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 05000 - Modifying or Terminating Contracts for Commodities › Purpose › Section 37-1-9501-05000-101

Current through June 25, 2024
The Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding the modification or termination of a
						commodities contract in accordance with the most current version of the
						Mississippi Procurement Manual, Section 5.101 as amended, and as mandated by
						the most current version of section
						31-7-1 et.
						seq. of the Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 05000 - Modifying or Terminating Contracts for Commodities › Purpose › Section 37-1-9501-05000-102

Current through June 25, 2024
Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding the modification or termination of a
						commodities contract as set forth in the most current version of the
						Mississippi Procurement Manual Section 5.101 as amended and the most current
						version of Title 31, Chapter 7, Mississippi Code of 1972, as amended. The
						Mississippi Procurement Manual can be located at
www.dfa.state.ms.us
under
						statewide purchasing section and the Mississippi Code of 1972 can be located at
						www.sos.state.ms.us/pubs/MScode/ [File Link Not Available].
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 06000 - Legal and Contractual Remedies › Purpose › Section 37-1-9501-06000-101

Current through June 25, 2024
The Mississippi Department of Transportation Procurement
						Division will follow guidelines for legal and contractual remedies in
						accordance with the most current version of the Mississippi Procurement Manual,
						Section 6.101 through Section 6.209 as amended and as mandated by the most
						current version of section
						31-7-1 et.
						seq. of the Mississippi Code of 1972 as amended; and approved by the
						Mississippi Department of Transportation Commission.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 06000 - Legal and Contractual Remedies › Purpose › Section 37-1-9501-06000-102

Current through June 25, 2024
Mississippi Department of Transportation Procurement
						Division will follow guidelines for legal and contractual remedies as set forth
						in the most current version of the Mississippi Procurement Manual Section 6.101
						through Section 6.209 as amended and the most current version of Title 31,
						Chapter 7, Mississippi Code of 1972, as amended; and as approved by the
						Mississippi Department of Transportation Commission. The Mississippi
						Procurement Manual can be located at
www.dfa.state.ms.us
under statewide
						purchasing section and the Mississippi Code of 1972 can be located at
						www.sos.state.ms.us/pubs/MScode/ [File Link Not Available].
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 10000 - Purchasing › Purpose › Section 37-1-9501-10000-101

Current through June 25, 2024
The Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding the procurement of certain items or
						using specialized techniques in accordance with the most current version of the
						Mississippi Procurement Manual, Section 10.101 through Section 10.106 as
						amended; as mandated by the most current version of section
						31-7-1 et.
						seq. of the Mississippi Code of 1972 as amended; and approved by the
						Mississippi Department of Transportation Commission.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 10000 - Purchasing › Purpose › Section 37-1-9501-10000-102

Current through June 25, 2024
Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding the procurement of certain items or
						using specialized techniques as set forth in the most current version of the
						Mississippi Procurement Manual Section 10.101 through Section 10106 as amended;
						the most current version of Title 31, Chapter 7, Mississippi Code of 1972, as
						amended; and approved by the Mississippi Department of Transportation
						Commission. The Mississippi Procurement Manual can be located at
www.dfa.state.ms.us
under
						statewide purchasing section and the Mississippi Code of 1972 can be located at
						www.sos.state.ms.us/pubs/MScode/ .
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 10500 - Information Technology Hardware, Software and Services Procurement › Purpose › Section 37-1-9501-10500-101

Current through June 25, 2024
The Mississippi Department of Transportation Procurement
						Division will follow guidelines regarding the procurement of information
						technology hardware, software and services in accordance with the most current
						version of the Mississippi Department of Information Technology Services
						Procurement Manual, as amended, and as mandated by the most current version of
						section
						31-7-1 et.
						seq. of the Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 9501 - Procurement › Chapter 10500 - Information Technology Hardware, Software and Services Procurement › Purpose › Section 37-1-9501-10500-102

Current through June 25, 2024
Mississippi Department of Transportation Procurement
						Division will follow written guidelines regarding the procurement of
						information technology hardware, software and services as set forth in the most
						current version of the Mississippi Department of Information Technology
						Services Procurement Manual, as amended and the most current version of Title
						31, Chapter 7, Mississippi Code of 1972, as amended. The Mississippi
						Information Technology Services Manual can be located at
www.its.state.ms.us
and the
						Mississippi Code of 1972 can be located at www.sos.state.ms.us/pubs/MScode/
						[File Link Not Available].
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 1 - Method of Operation and Procedures › Rule 37-401-1.1 - Scope

Current through June 25, 2024
Chapter 1 of these Rules is promulgated pursuant to Miss.
				  Code Ann. §
									25-43-2.104
				  as amended.
Miss. Code Ann. §§
										25-43-2.104;
				  65-2-5
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 1 - Method of Operation and Procedures › Rule 37-401-1.2 - Description of State Transportation Arbitration Board (hereinafter "Board")

Current through June 25, 2024
A. The public may obtain a description of the
				Board's organization and operation from the Rules of Procedure and Practice of
				the Board currently on file with the Secretary of State (SOS). Additionally,
				the public may access information relevant to the description of the
				organization and its general course and method of its operations by reviewing
				Sections
				65-2-1,
				et seq., of the Mississippi Code of 1972, as amended, which may be accessed at
www.state.ms.us
. The public may
				also request information, make submissions or requests including Mississippi
				Open Records Act requests by contacting the Secretary of the Board at 406
				Treeline Drive, Brandon, Mississippi 39042.
B. All information as to the rules of
				practice concerning all formal and informal proceedings are available by
				reviewing the rules and regulations of the Board currently on file with the
				Secretary of State (SOS). Further information may be obtained by reviewing
				Sections
				65-2-1,
				et seq., of the Mississippi Code of 1972 as amended which may be accessed at
www.state.ms.us
.
C. The Board meets for hearings in the
				Conference Room of the Mississippi Road Builders Association, Inc., 601 George
				St., Jackson, Mississippi 39225, or at other locations selected by the Board.
				The time, place and location of hearings will be communicated by the Board to
				the parties. Members of the public may contact the Secretary at the above
				address to inquire if any meetings or hearings are scheduled.
Miss. Code Ann. §§
										25-43-2.101;
				  25-43-2.104(b); 65-2-5
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 2 - Public Hearings › Rule 37-401-2.1 - Scope

Current through June 25, 2024
Chapter 2 of these Rules is promulgated pursuant to Miss.
				  Code Ann. §
									25-43-3.104
				  as amended and sets forth the Board's procedures for involving the public in
				  the development of rules through public meetings and/or public hearings as
				  required by Mississippi Code Ann. §
									25-43-3.104
				  as amended.
Miss. Code Ann. §§
										25-43-3.104;
				  65-2-5
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 2 - Public Hearings › Rule 37-401-2.2 - Requirements for Public Hearings

Current through June 25, 2024
The requirements for public hearings are outlined
				  below.
Miss. Code Ann. §§
										25-43-2.104(b);
				  65-2-5
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 2 - Public Hearings › Rule 37-401-2.3 - Notice

Current through June 25, 2024
At the time a rule is filed with the SOS, the Board staff
				  must publish notice where written submissions or written requests for an
				  opportunity to make oral presentations on the proposed rule may be
				  submitted.
Miss. Code Ann. §§
										25-43-3.104;
				  65-2-5
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 2 - Public Hearings › Rule 37-401-2.4 - Required Public Hearing

Current through June 25, 2024
A public hearing is required if, during the first 20 business
				  days of the rule notice, a written request for a public hearing is received
				  from one of the following:
A. a
				political subdivision,
B. an
				agency, or
C. 10 persons.
Miss. Code Ann. §§
										25-43-3.104;
				  65-2-5
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 2 - Public Hearings › Rule 37-401-2.5 - Place of Hearing

Current through June 25, 2024
If a public hearing is required, the Board staff will
				  establish the time, date and location for the public hearing. The Board staff
				  shall then:
A. Ensure that the public
				hearing is not scheduled earlier than 23 business days after filing notice of
				oral proceeding with Board staff.
B. File notice of the time, date, and
				location of the public hearing with the SOS.
C. Within three (3) days of filing notice
				with SOS, Board staff must mail a copy of the notice to those who are on the
				notification list.
Miss. Code Ann. §§
										25-43-3.104;
				  65-2-5
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 2 - Public Hearings › Rule 37-401-2.6 - Conducting Public Hearings

Current through June 25, 2024
A. Public hearings
				must be open to the public.
B. The
				presiding officer designated by the Board will preside at the
				proceeding.
Miss. Code Ann. §§
										25-43-3.104;
				  65-2-5
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 2 - Public Hearings › Rule 37-401-2.7 - Availability of Public Hearing Proceedings

Current through June 25, 2024
A verbatim written transcript of the oral proceedings at each
				  public hearing shall be produced.
Miss. Code Ann. §§
										25-43-3.104;
				  65-2-5
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 3 - Declaratory Opinions › Rule 37-401-3.1 - Scope

Current through June 25, 2024
Chapter 3 of these Rules is promulgated pursuant to Miss.
				  Code Ann. §
									25-43-2.103(2)
				  as amended and is intended to set forth the Board's procedures regarding
				  requests for declaratory opinions.
Miss. Code Ann. §§
										25-43-2.103;
				  65-2-5
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 3 - Declaratory Opinions › Rule 37-401-3.2 - Persons Who May Request Declaratory Opinions

Current through June 25, 2024
Any person with a substantial interest in the subject matter
				  may request the Board for a declaratory opinion.
Miss. Code Ann. §§
										25-43-2.103;
				  65-2-5
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 3 - Declaratory Opinions › Rule 37-401-3.3 - Subjects Which May Be Addressed In Declaratory Opinions

Current through June 25, 2024
A. The Board will issue declaratory opinions
				regarding the applicability to specified facts of:
1. A statute administered or enforceable by
				the Board,
2. A rule promulgated by
				the Board, or
3. An order issued by
				the Board.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 3 - Declaratory Opinions › Rule 37-401-3.4 - Circumstances in which Declaratory Opinions Will Not Be Issued

Current through June 25, 2024
A. The Board may, for good cause, refuse to
				issue a declaratory opinion. Without limiting the generality of the foregoing,
				the circumstances in which declaratory opinions will not be issued include, but
				are not necessarily limited to:
1. The matter
				is outside the jurisdiction of the Board;
2. Lack of clarity concerning the question
				presented;
3. There is pending or
				anticipated litigation, administrative action, or other adjudication;
4. The statute, rule, or order on which a
				declaratory opinion is sought is clear and not in need of interpretation to
				answer the question presented by the request;
5. The facts presented in the request are not
				sufficient to answer the question presented;
6. The request fails to contain information
				required by these rules or the requestor failed to follow the procedure set
				forth in these rules;
7. The
				request seeks to resolve issues which have become moot, or are abstract or
				hypothetical such that the requestor is not substantially affected by the rule,
				statue or order on which a declaratory opinion is sought;
8. No controversy exists concerning the issue
				as the requestor is not faced with existing facts or those certain to arise
				which raise a question concerning the application of the statute, rule, or
				order;
9. The question presented by
				the request concerns the legal or constitutional validity of a statute, rule or
				order;
10. The requestor has not
				suffered an injury or threatened injury fairly traceable to the application of
				the statute, rule or order;
11. No
				clear answer is determinable;
12.
				The question presented by the request involves the application of a criminal
				statute or sets for facts which may constitute a crime;
13. The answer to the question presented
				would require the disclosure of information which is privileged or otherwise
				protected by law from disclosure;
14. The question is currently the subject of
				an Attorney General's opinion request;
15. The question has been answered by an
				Attorney General's opinion;
16. The
				request is not made in good faith; or
17. The request is harassing in nature or for
				any other unlawful purposes.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 3 - Declaratory Opinions › Rule 37-401-3.5 - Form of the Request for a Declaratory Opinion

Current through June 25, 2024
A.
				Written Requests Required. Each request must be printed or typewritten, or must
				be in legible handwriting. Requests may be in the form of a letter addressed to
				the Board or in the form of a pleading as might be addressed to a
				court.
B. Where to Send Request:
				All requests must be mailed or delivered to the Secretary of the Board at 406
				Treeline Drive, Brandon, Mississippi 39042. The request and its envelope shall
				clearly state that it is a request for a declaratory opinion. Oral and
				telephone requests are unacceptable.
C. Name, Address and Signature of Requestor.
				Each request must include the full name, telephone number, and mailing address
				of the requestor. All requests shall be signed by the person filing the
				request, unless represented by an attorney, in which case the attorney may sign
				the request. The signing party 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.
D. Single transaction. A
				request must be limited to a single transaction or occurrence.
E. Question Presented. Each request shall
				contain the following:
1. A clear
				identification of the statute, rule, or order at issue;
2. A concise statement of the issue or
				question presented for the declaratory opinion;
3. A full, complete, and accurate statement
				of all facts relevant to a resolution of the question presented;
4. The identify all other known persons
				involved in or impacted by the factual situation causing the request including
				their relationship to the facts; name, mailing address and telephone
				number;
5. A statement sufficient
				to show that the person seeking relief is substantially affected by the
				rule.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 3 - Declaratory Opinions › Rule 37-401-3.6 - Time for the Board 's Response

Current through June 25, 2024
A. Board's
				Response. Within forty-five (45) days after the receipt of a request for a
				declaratory opinion which complies with the requirements of these rules, the
				Board shall in writing:
1. Issue an opinion
				declaring the applicability of the specified statute, rule, or order to the
				specified circumstances;
2. Decline
				to issue a declaratory opinion, stating the reasons for its action;
				or
3. Agree to issue a declaratory
				opinion or a written statement declining to issue a declaratory opinion by a
				specified time but no later than ninety (90) days after receipt of the written
				request.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 3 - Declaratory Opinions › Rule 37-401-3.7 - Public Availability of Requests and Declaratory Opinions

Current through June 25, 2024
The Board staff will make declaratory opinions and requests
				  for declaratory opinions 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 and subject. Declaratory opinions and
				  requests which contain information which is exempted from disclosure under the
				  Mississippi Public Records Act or is otherwise confidential by law shall be
				  exempt from this requirement.
Miss. Code Ann. §§
										25-43-2.103;
				  65-2-5
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 3 - Declaratory Opinions › Rule 37-401-3.8 - Effect of Declaratory Opinions

Current through June 25, 2024
The Board will not pursue any civil, criminal, or
				  administrative action against a person who is issued a declaratory opinion and
				  who, in good faith, follows the direction given in the opinion and acts in
				  accordance therewith unless a court of competent jurisdiction holds that the
				  opinion is manifestly wrong and without any substantial support. Any
				  declaratory opinion rendered by the Board shall be binding only on the Board
				  and the person to whom the opinion is issued. No declaratory opinion will be
				  used as precedent for any other transaction or occurrence beyond that set of
				  facts described in the original request.
Miss. Code Ann. §§
										25-43-2.103;
				  65-2-5
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 4 - Availability of Board Orders › Rule 37-401-4.1 - Scope

Current through June 25, 2024
Chapter 4 of these Rules is promulgated pursuant to Miss.
				  Code Ann. § 25-42-2.102 as amended and sets forth the procedures for making
				  Board Orders available to the public.
Miss. Code Ann. §§
										25-43-2.102;
				  65-2-5
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 4 - Availability of Board Orders › Rule 37-401-4.2 - General

Current through June 25, 2024
The Board staff will be responsible for making Board Orders
				  available for public inspection and copying, indexed by name and subject. This
				  is subject to any confidentiality provisions established by
				  law.
Miss. Code Ann. §§
										25-43-2.102;
				  65-2-5
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 4 - Availability of Board Orders › Rule 37-401-4.3 - Using Board Orders as Precedent

Current through June 25, 2024
The written final Order can't be used as precedent to the
				  detriment of any person by the Board until it has been made available for
				  public inspection, indexed by name and subject.
A. This is inapplicable to any person who has
				actual timely knowledge of the Order.
B. The burden of proof is on the
				Board.
Miss. Code Ann. §§
										25-43-2.102;
				  65-2-5
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 5 - Rules of Procedure and Practice › Rule 37-401-5.1 - Requests for Arbitration Generally

Current through June 25, 2024
A. The Contractor
				or Mississippi Transportation Commission may file for arbitration any time
				prior to final payment being made and accepted by the contractor.
B. The Contractor may not request arbitration
				of a monetary or non-monetary claim unless a written claim by the contractor
				has been submitted to the Chief Engineer, Mississippi Department of
				Transportation, and until either: (1) the claim is denied in whole or in part
				by the Chief Engineer in writing or, (2) sixty days from date of submission
				have passed without a written decision by the Chief Engineer.
C. Absent agreement of the parties, the Board
				shall have jurisdiction to hear matters concerning Seven Hundred Fifty Thousand
				Dollars ($750,000.00) or less per contract without regard to the size of the
				contract. The parties, by mutual written agreement, may submit to the Board
				claims in excess of the jurisdictional limit of Seven Hundred Fifty Thousand
				Dollars ($750,000.00). Absent agreement of the parties, the number of
				arbitration proceeding regarding monetary issues shall be limited to three (3)
				per contract.
Miss. Code Ann. §§
										65-2-5;
				  65-2-1
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 5 - Rules of Procedure and Practice › Rule 37-401-5.2 - Notice to the Board of Request for Arbitration

Current through June 25, 2024
A.
				All requests for arbitration shall be made in writing, addressed to the
				Secretary of the Board, with a copy sent to the opposing party. If made by a
				contractor, a copy of the request shall be mailed to the Chief Engineer,
				Mississippi Department of Transportation, and if by the Mississippi
				Transportation Commission, a copy shall be mailed to the authorized agent or
				officer of the contractor. A copy of the request for arbitration shall also be
				mailed to each member of the Board. Written requests for arbitration shall be
				submitted with forms prescribed by the Board. SEE ATTACHED FORM AB 2.
B. The party requesting arbitration must pay
				a fee of two hundred dollars ($200.00) with its request. Checks shall be
				payable to "STATE TRANSPORTATION ARBITRATION BOARD". Each party will be
				notified by the Secretary, in writing, of the date, place and time for hearing
				and other action of the Board concerning the claim under consideration. SEE
				ATTACHED FORM AB 3.
C. The
				inclusion of attorney fees as a part of a claim or award is not considered
				appropriate.
Miss. Code Ann. §§
										65-2-5;
				  65-2-1
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 5 - Rules of Procedure and Practice › Rule 37-401-5.3 - Discovery

Current through June 25, 2024
The purpose of the Board is to fairly adjudicate disputes
				  between the Contractors and the Commission. To this end, at least five business
				  days before the scheduled hearing date, each party of the dispute shall be
				  required to disclose to the other party and each Board member, as a minimum,
				  the general nature of the proof, including any exhibits, to be presented to the
				  Board at the hearing, and a complete list of witnesses that it may call to
				  testify.
Miss. Code Ann. §§
										65-2-5;
				  65-2-1
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 5 - Rules of Procedure and Practice › Rule 37-401-5.4 - Hearings

Current through June 25, 2024
A. Hearings will be held in the conference
				room of Mississippi Road Builders Association, Inc., located at 601 George
				Street, Jackson, Mississippi 39225, or, at other locations selected by the
				Board.
B. As required by the
				statute, the Board shall consider only, and be bound only, by the evidence
				submitted. The Board shall hand down its findings, decisions, and order within
				sixty (60) days after completion of testimony. The Board may conduct its own
				investigation as outlined in Section 600 of this document.
C. Both parties shall be given adequate
				notice of all hearings conducted, and may be in attendance both personally and
				by counsel. The Chairman of the Board shall preside at all hearings, which
				shall be conducted in an orderly manner. Strict conformance to rules of
				evidence is unnecessary as to permit the introduction of all relevant and
				material evidence pertaining to the issue of the matter in
				controversy.
D. The requesting
				party, followed by the opposing party, may make a brief opening statement of
				its case to the Board before offering testimony or written evidence. All
				witnesses will be sworn before testifying, and shall identify themselves for
				the record before making any statement in evidence.
1. Witnesses shall not be interrupted during
				testimony except by a Board member. Board members may ask questions of
				witnesses or others, at any time during arbitration proceedings. After the
				witness completes his/her testimony, the opposing party may question the
				witness.
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 5 - Rules of Procedure and Practice › Rule 37-401-5.5 - Record of Proceedings

Current through June 25, 2024
A full and complete record of all proceedings shall be taken
				  stenographically and be recorded and a transcript thereof prepared.
				  Deliberations of the Board are not to be made a part of the record. Documents
				  offered in evidence, to be considered by the Board, shall be a part of the
				  record. The Board shall be the judge of the relevance and competency of
				  documents and testimony. Each witness giving testimony shall be given an
				  opportunity to make full statements subject to reasonable limitations imposed
				  by the Board.
Relevant documentary evidence may be introduced in evidence
				  subject to reasonable limitations by the Board.
Miss. Code Ann. §
										65-2-9
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 5 - Rules of Procedure and Practice › Rule 37-401-5.6 - Findings and Decisions of the Board

Current through June 25, 2024
The Board will make written findings of fact and conclusions
				  of law and shall make its decisions in writing based on the evidence and
				  testimony presented, all of which will be made a part of the record of the
				  proceeding. The Board will determine only the proper interpretation and
				  application of contract provisions involved in a dispute. The Board may conduct
				  its own investigation by less than the whole membership by authority of a
				  written directive by the Chairman and such directive and a written summary of
				  the investigation shall be made a part of the records. However, at a minimum,
				  the MDOT member and the member appointed by the Roadbuilders shall participate
				  in any such investigation.
Miss. Code Ann. §
										65-2-13
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 5 - Rules of Procedure and Practice › Rule 37-401-5.7 - Costs

Current through June 25, 2024
The cost of the arbitration proceedings, including the costs
				  of the Board Members as set out by the Mississippi Transportation Commission
				  under Section
				  65-2-3
				  and
				  65-2-11,
				  Mississippi Code of 1972, as amended, shall be assessed equally to the parties
				  in dispute. If appeal is taken, the cost of transcribing the record shall be
				  paid by the party requesting same.
Miss. Code Ann. §
										65-2-13
Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 401 - TRANSPORTATION ARBITRATION BOARD › Chapter 5 - Rules of Procedure and Practice › Rule 37-401-5.8 - Appeals for the Order of Board

Current through June 25, 2024
Either party may appeal from an order of the Board within
				  fifteen (15) days from the date of filing the order with Clerk of the Circuit
				  Court. Appeal shall be by petition to the Circuit Court of any county in which
				  the contractor operates or has an office or place of business. The appeals
				  process is outlined in Section
				  65-2-15,
				  Mississippi Code of 1972, as amended.
Miss. Code Ann. §
										65-2-5
Mississippi Administrative Code › Title 38 - Treasurer › Part 1 - Office of the State Treasurer › Chapter 1 - Regulation Number 1 › Rule 38-1-1.1 - Overview Authority of State Treasurer

Current through June 25, 2024
Section
				  31-19-5
				  of the Mississippi Code of 1972 Annotated, as amended, authorizes the State
				  Treasurer to promulgate rules regarding alternative methods of investment of
				  any funds received from the sale of bonds, notes, or certificates of
				  indebtedness heretofore or hereafter sold by the State of Mississippi or any
				  agency or department thereof or by any county, municipality, road district,
				  levee district, development district, utility district, school district,
				  drainage district or other entity authorized by law to issue bonds, notes, or
				  certificates of indebtedness (hereafter "Issuer" or "Issuers), which are not
				  immediately required for disbursement for the purpose for which
				  issued.
Miss. Code Ann. §
										31-19-5
				  (Rev. 2007).
Mississippi Administrative Code › Title 38 - Treasurer › Part 1 - Office of the State Treasurer › Chapter 1 - Regulation Number 1 › Rule 38-1-1.2 - Purpose

Current through June 25, 2024
The purpose of this investment policy is to regulate and
				  provide guidelines for entities authorized by law to issue bonds, notes or
				  certificates of indebtedness, regarding alternative methods of investment of
				  funds received from the issuance of bonds, notes, or certificates of
				  indebtedness which are not immediately required for disbursement for the
				  purpose for which issued. This regulation does not apply to the investment of
				  general funds of the above named entities.
Miss. Code Ann. §
										31-19-5
				  (Rev. 2007).