reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 1 - Association › Rule 1-12-3-1.2 - Purpose

Current through June 25, 2024
The purpose of the Preneed Loss Recovery Association is to
					 oversee the Preneed Contracts Loss Recovery Fund. The purpose of the fund is to
					 reimburse the estates, or in the absence of an estate filing, the appropriate
					 loss payee, who suffered financial loss as a result of the misfeasance, fraud,
					 default, failure or insolvency of a registered Mississippi preneed
					 provider.
Miss. Code Ann.
					 §
											75-63-81(9)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 2 - Directors › Rule 1-12-3-2.1 - Association Directors

Current through June 25, 2024
In accordance with the provisions of Miss. Code Ann.
					 §
										75-63-81,
					 the Directors shall be appointed by the Secretary of State. There shall be no
					 fewer than five Directors, one from each of the Mississippi Supreme Court
					 districts and two from the state at large. At least three of the Directors must
					 possess five or more years experience in the preneed funeral service and
					 merchandise business as an owner or manager.
All Directors shall be appointed for staggered six-year
					 terms, with the exception of the initial terms of service for the original five
					 Directors. The Secretary of State may appoint any Director to a successive
					 six-year term. The initial term of service for all Directors began on October
					 1, 2009, with the initial term of two Directors expiring on September 30, 2011,
					 two expiring on September 30, 2013, and one expiring on September 30, 2015. In
					 case of death, incapacity, resignation, or removal a new member shall be
					 appointed to serve the remainder of the term.
Miss. Code Ann.
					 §
											75-63-81(9)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 2 - Directors › Rule 1-12-3-2.2 - Compensation of Association Directors

Current through June 25, 2024
In accordance with the controlling statute and the
					 policies of the Department of Finance and Administration (DFA), Directors may
					 be compensated from the Preneed Contracts Loss Recovery Fund in an amount of
					 Fifty Dollars ($50.00) for each designated meeting as determined by the
					 Secretary of State as well as travel reimbursement and lodging/meal
					 reimbursement when provided by DFA policy.
Miss. Code Ann.
					 §
											75-63-81(9)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 2 - Directors › Rule 1-12-3-2.3 - Conflicts of Interest

Current through June 25, 2024
Any Association Director who has a financial, personal,
					 official or other interest in or conflict with any matter pending before the
					 Association that may prevent that member from acting on the matter in an
					 impartial manner will excuse him/herself and refrain from discussion and voting
					 on said item.
Miss. Code Ann.
					 §
											75-63-81(9)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 3 - Meetings › Rule 1-12-3-3.1 - Meetings of the Association Directors

Current through June 25, 2024
An annual meeting of the Association shall be held in the
					 month of January in the office of the Secretary of State unless the Secretary
					 or Chairman, upon proper notice, shall designate some other date and/or
					 location. Written notice of the annual meeting, or of any special or emergency
					 meeting, including the time, place and purpose of such meeting, shall be sent
					 to each Director not less than ten business days prior to the date of the
					 meeting. All meetings shall be open to the public and notice of their annual
					 recurring date shall be contained in the minutes of the first annual meeting in
					 accordance with the Mississippi Open Meetings Law. Miss. Code Ann. §
										25-41-1
					 et seq.
Three Directors shall constitute a quorum for the
					 transaction of business. In the absence of a quorum, no formal action shall be
					 taken except to adjourn the meeting to a subsequent date. The acts of a
					 majority of Directors present at a meeting at which a quorum is present shall
					 be the acts of the Association. Directors may participate in all Association
					 meetings via phone conference or internet conferencing as needed including the
					 submission of votes via email or teleconference.
At the annual meeting, the Association may elect a Chairman
					 from among its Directors. Such Chairman will assume office upon election and
					 remain Chairman until the next annual meeting.
Special and/or emergency meetings may be called by the
					 Chairman, a quorum of the Directors or the Secretary of State, and will be held
					 at times and places as may be necessary.
At each annual meeting, the Directors shall review,
					 consider and act on any matters deemed by the Association to be necessary and
					 proper for the administration of the Association not in conflict with any other
					 provisions of these rules.
Miss. Code Ann.
					 §
											75-63-81(9)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 3 - Meetings › Rule 1-12-3-3.2 - Records and Reports

Current through June 25, 2024
A written record of the proceedings of each meeting shall
					 be made. The original record shall be retained by the Secretary of State's
					 Office with copies furnished to each Association Director and, upon request, to
					 any other individual or entity.
The Association, by its Directors, shall prepare and submit
					 a financial report and a report of activities during the preceding calendar
					 year as required by Miss. Code Ann. §
										75-63-81
					 to the Secretary of State not later than March 1 of each year.
The Association shall maintain such financial records as
					 are necessary to properly reflect the receipt and disbursement of all funds
					 obtained by the Association. Such records shall also reflect the financial
					 condition of the Association at any given time.
Miss. Code Ann.
					 §
											75-63-81(9)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 4 - Duties and Powers › Rule 1-12-3-4.1 - Duties and Powers of the Association and Directors

Current through June 25, 2024
The Association shall have the authority to:
A. Undertake all actions as authorized,
				  required or otherwise permitted by Miss. Code Ann.§
										75-63-81,
				  for the operation and administration of the Association;
B. Recommend investments for funds not
				  currently needed to reimburse losses;
C. Maintain adequate reserves for the
				  Fund;
D. Request payments from the
				  Fund by the Department of Finance and Administration on approved claims;
				  purchase insurance for Association liability and to indemnify losses as
				  considered appropriate by the Directors and not inconsistent with the purpose
				  of the Fund; maintain adequate reserves; employ staff and professional
				  assistance as needed, including legal counsel, accountants, consultants and
				  other persons the Association considers necessary to assure compliance with
				  this section and to pay the expenses of the Association for administering the
				  Fund; and
E. Reduce, suspend or
				  resume collection of the fee at any time and for any period to ensure that a
				  sufficient amount is available to meet anticipated disbursements and to
				  maintain an adequate reserve.
The Chairman of the Association shall have the authority
					 to:
A. Preside at all
				  meetings of the Association;
B.
				  Call regular and special meetings of the Association; and
C. Call a meeting of the Association upon
				  written request of three Association Directors.
Miss. Code Ann.
					 §
											75-63-81(9)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 5 - Claims Administration › Rule 1-12-3-5.1 - Procedures for Filing Claims

Current through June 25, 2024
Claims may be filed by:
A. Funeral homes, cemeteries and other
				  businesses that have provided at-need merchandise and/or services at no
				  compensation or less than full compensation to a deceased who was a Beneficiary
				  under a preneed contract where the seller of said contract is insolvent or is
				  no longer in business and has not transferred its book of business to another
				  provider for the assumption of that liability;
B. The surviving family member or legal
				  representative of a decedent who was a Beneficiary under a preneed contract
				  where the seller of said contract's trust is insolvent;
C. The Beneficiary of a preneed contract who
				  is still living where the seller of said contract's trust is insolvent;
				  and
D. Any person(s) who signed an
				  at-need contract as the responsible party and fulfilled the contract payment
				  obligations for funeral or cemetery merchandise or services for a covered
				  contract beneficiary as determined by the Association.
Claims must be filed by completing the appropriate Preneed
					 Loss Recovery Association Claim Form which is available on the Mississippi
					 Secretary of State's website at
www.sos.ms.gov
.
Miss. Code Ann.
					 §
											75-63-81(9)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 5 - Claims Administration › Rule 1-12-3-5.3 - No Reimbursement for Insured Claims

Current through June 25, 2024
There shall be no payment from the Fund for any claim or
					 any portion of a claim which was or is insured or bonded, regardless of whether
					 insuring or bonding entity paid a claim or any part of a
					 claim.
Miss. Code Ann.
					 §
											75-63-81(9)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 5 - Claims Administration › Rule 1-12-3-5.4 - Liability and Appeals from Claim Decisions

Current through June 25, 2024
The Association has no liability and no action of any kind
					 may be brought against any Director of the Association for any act or omission
					 by them in the performance of their powers and duties, or in the
					 administration, handling or collecting of funds for the program. The fund has
					 no liability for preneed contracts sold or claims that accrued prior to July 1,
					 2009.
Appeal rights for claim decisions exist in the chancery
					 court. Any appeal from claim decisions issued by the Association Directors must
					 be filed within 30 days of the Association's written order denying a claim in
					 whole or in part.
Miss. Code Ann.
					 §
											75-63-81(9)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 6 - Statute of Limitations › Rule 1-12-3-6.1 - Statute of Limitations

Current through June 25, 2024
The statute of limitations for all claims shall be three
					 (3) years from the date of death of the contract beneficiary. The claim must be
					 received and stamped "received" or "filed" by the Secretary of State's Office
					 no later than the third anniversary of the contract beneficiary's date of
					 death.
Miss. Code Ann.
					 §
											75-63-81(9)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 7 - Advertising › Rule 1-12-3-7.1 - Advertising prohibited

Current through June 25, 2024
No person may make, publish, disseminate, circulate or
					 place before the public, or cause, directly or indirectly, to be made,
					 published, disseminated, circulated or placed before the public, in a
					 newspaper, magazine or other publication, or in the form of a notice, circular,
					 pamphlet, letter, poster or over any radio station or television station, or in
					 any other way, any advertisement, announcement or statement that uses the
					 existence of the fund for the purpose of sales, solicitation or inducement to
					 purchase any form of preneed contract covered under this
					 article.
Miss. Code Ann.
					 §
											75-63-81(9)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 8 - Loss Recovery Fee and Reporting Requirements › Rule 1-12-3-8.1 - Loss Recovery Fee

Current through June 25, 2024
A fee not to exceed ten dollars ($10) shall be added to
					 the cost of every preneed contract sold after July 1, 2009, that is funded by
					 trust. If a joint preneed contract is written covering more than one
					 beneficiary, the fee shall be ten dollars ($10.00) for each contract
					 beneficiary covered under the contract.
Miss. Code Ann.
					 §
											75-63-81(9)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 8 - Loss Recovery Fee and Reporting Requirements › Rule 1-12-3-8.2 - Reporting Requirements

Current through June 25, 2024
Every provider that sells trust funded (in whole or in
					 part) preneed contracts must file a completed Loss Recovery Quarterly Report
					 Form with the Secretary of State within fifteen (15) days of the end of each
					 quarter of the year. The quarterly reporting periods and the due dates for the
					 submission of the Loss Recovery Report and associated fees are as follows: July
					 1 " September 30, due
October 15
; October 1 " December 31, due
January 15
; January 1 - March 31, due
April 15
; April
					 1 " June 30, due
July
15. Preneed contracts funded in whole or in
					 part by burial association certificates or policies or with fraternal policies
					 or any other funding component for which there is no coverage afforded under
					 the Mississippi Life and Health Fund Guaranty are trust funded contracts for
					 which the fee is owed.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 9 - Amendments and Conformity to Statute › Rule 1-12-3-9.1 - Amendments

Current through June 25, 2024
Amendments to these Rules may be adopted by a majority
					 vote of the Association Directors, subject to the approval of the Secretary of
					 State.
Miss. Code Ann.
					 §
											75-63-81(9)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 3 - Mississippi Preneed Contracts Loss Recovery Association Rules › Chapter 9 - Amendments and Conformity to Statute › Rule 1-12-3-9.2 - Conformity to Statute

Current through June 25, 2024
The Mississippi Preneed Cemetery and Funeral Registration
					 Act, as written and as may be amended, is incorporated as part of these
					 Rules.
Miss. Code Ann.
					 §
											75-63-81(9)(Rev.
					 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.1 - Act

Current through June 25, 2024
Act shall mean the Mississippi Scrap Metal Dealer
				  Registration Act, which is codified at Mississippi Code Annotated Section
				  97-17-71 et seq.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.2 - Agent

Current through June 25, 2024
Agent shall mean the Secretary of State's Agent for
				  Registration and Recordkeeping. The Secretary of State's Agent currently is
				  Leads Online, 15660 N. Dallas Parkway, Suite 800, Dallas, Texas 75248 (
www.LeadsOnline.com).
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.3 - An Accurate and Legible Record

Current through June 25, 2024
An Accurate and Legible Record as used in the Act and in
				  these Rules, shall mean a record maintained by any Applicant or Scrap Metal
				  Dealer, or submitted by any Applicant or Scrap Metal Dealer to the Secretary of
				  State's approved Agent for Registration and Recordkeeping for maintaining all
				  customer records pursuant to the Act.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.4 - Applicant

Current through June 25, 2024
Applicant shall mean any person or business entity in the
				  process of registering as a Scrap Metal Dealer under the Act who has received a
				  registration number but who has not yet received a Certificate of Registration
				  from the Secretary of State. An Applicant is authorized to conduct business as
				  a Scrap Metal Dealer until such time as its Registration is denied or cancelled
				  by the Secretary of State.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.5 - Customer Transaction Report

Current through June 25, 2024
Customer Transaction Report shall mean the record required
				  by Mississippi Code Annotated Section
				  97-17-71(2)(a) -
				  (h) and shall include:
A. The name, address and age of the person
				from whom the metal property is purchased as obtained from the seller's
				personal identification card;
i. If a person
				other than the seller delivers the metal property to the purchaser, the
				purchaser shall enter the name, address, and age of the person who delivers the
				metal property, as obtained from the personal identification card of the person
				delivering the metal property. If the person delivering the metal property is
				the employee of the scrap metal dealer acting in his or her official capacity
				and at the direction of the scrap metal dealer, the purchaser is not required
				to enter the name, address, and age of the person who delivers the metal
				property.
ii. If the seller is a
				registered business entity, and a person other than the seller delivers the
				metal property to the purchaser, in addition to the information required by
				this paragraph (a), the purchaser shall enter the name, principal business
				address, state of incorporation or formation of the entity, the federal
				Employer Identification Number (EIN) of the entity, and the name and telephone
				number of a contact person for the seller;
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.6 - Dealer

Current through June 25, 2024
Dealer as defined in the Act and as used in these Rules is
				  an Individual who acquires Regulated Metal Property. "Dealer" shall have the
				  same meaning as "Scrap Metal Dealer" as defined herein, and the terms shall be
				  used interchangeably.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.7 - Dealer/Processor

Current through June 25, 2024
Dealer/Processor as defined in the Act and as used in these
				  Rules is a Scrap Metal Dealer who acquires Regulated Metal Property and who is
				  engaged in some aspect of Processing as that term is defined in these
				  Rules.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.8 - Dealer-to-Dealer Customer Transaction Report

Current through June 25, 2024
Dealer-to-Dealer Transaction Report shall mean the record
				  that is required by Mississippi Code Annotated Section
				  97-17-71(6) and
				  shall include:
A. Name and address of
				selling dealer;
B. Date and place
				of each acquisition of the metal property;
C. The weight, quantity, or volume and a
				general description of the type of metal property; and
D. The amount or type of consideration given
				for the metal property by the purchasing dealer.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.9 - Delivery Person

Current through June 25, 2024
Delivery Person shall mean any individual who, on behalf of
				  a Seller, presents Metal Property for sale to a Scrap Metal
				  Dealer.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.10 - Division

Current through June 25, 2024
Division shall mean the Business Services and Regulation
				  Division of the Office of the Secretary of State of
				  Mississippi.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.11 - Individual

Current through June 25, 2024
Individual shall mean any person, entity, partnership,
				  corporation, joint venture, trust, limited liability company, limited liability
				  partnership, association, or any other legal or commercial or corporate entity,
				  and shall include Dealers and Dealer/Processors. The term "Individual" and the
				  term "Business" are used interchangeably in these Rules.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.12 - Law Enforcement Officer

Current through June 25, 2024
Law Enforcement Officer as defined in the Act and as used in
				  these Rules shall mean any person appointed or employed by the State of
				  Mississippi or any political subdivision thereof, including municipalities or
				  townships or the State military, who is duly vested with the authority to bear
				  arms and make arrests, and whose primary responsibility is prevention and
				  detection of crime, apprehension of criminals, and enforcement of laws of this
				  State or the ordinances of any political subdivision thereof.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.14 - Party

Current through June 25, 2024
Party as defined in the Act and used in these Rules, shall
				  include the Attorney General, the Secretary of State, the Division, any
				  governmental agency, any Scrap Metal Dealer, any Law Enforcement Officer, or
				  any other person.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.15 - Processing

Current through June 25, 2024
Processing as the term is used in the Act and in these Rules
				  shall mean returning or converting Metal Property into a product having an
				  existing or potential economic value as a raw or finished material. Processing
				  shall not include sorting, cleaning, washing, transferring, transporting, or
				  bundling if bundling only involves gathering together of material in a tighter,
				  more compact surface area with no change in the form or mass of the object(s)
				  as scrap metal material. However, processing shall include any other function
				  that facilitates the return of Metal Property into a raw material or raw
				  material product consisting of proposed grades and having an existing or
				  potential economic value. Examples of processing include, but are not limited
				  to, the following: cutting, shredding, melting, smelting, chipping, chopping,
				  stripping, and baling, if baling involves using machinery to convert the form,
				  shape, or mass of Metal Property into a raw material that will have or has
				  economic value.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.16 - Registrant

Current through June 25, 2024
Registrant shall mean any individual registered as a Scrap
				  Metal Dealer under the Act who also has received a Certificate of Registration
				  from the Secretary of State. Registrant as defined in the Act and as used in
				  these Rules shall have the same meaning as "Scrap Metal Dealer" as defined
				  herein and the terms shall be used interchangeably.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.17 - Registration Form or Registration Application

Current through June 25, 2024
Registration Form or Registration Application shall mean the
				  Mississippi Metal Dealer/Dealer Processor Registration
				  Application.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.18 - Scrap Metal Dealer

Current through June 25, 2024
Scrap Metal Dealer as defined in the Act and as used in
				  these Rules, shall include and mean any individual engaged in the Scrap Metal
				  business, including Dealers, Registrants, and
				  Dealer/Processors.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.19 - Seller

Current through June 25, 2024
Seller shall mean any individual who, directly or through a
				  Delivery Person, presents Metal Property for sale to a Scrap Metal Dealer or
				  Dealer/Processor regardless of whether they receive compensation from that
				  Scrap Metal Dealer for the acquisition of that property.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 1 - Definitions › Rule 1-13-1.20 - Usual and Customary Business Hours

Current through June 25, 2024
Usual and Customary Business Hours as used in the Act and in
				  these Rules, shall mean between the hours of 8 a.m. and 5 p.m., Central Time,
				  Monday through Saturday.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 2 - Registration › Rule 1-13-2.1 - Exemption

Current through June 25, 2024
Unless exempt from registration, all individuals as defined
				  in Rule 1.11 acquiring
				  Metal Property must register with the Secretary of State as a Scrap Metal
				  Dealer. No individual may acquire or purchase Metal Property unless registered.
				  No Processor, as that term is defined in these Rules, shall be exempt from
				  registration.
The following are exempt:
A. Any law enforcement officer paying
				compensation for metal property or selling metal property when acting in an
				official capacity.
B. A trustee in
				bankruptcy, executor, administrator or receiver who purchases or sells metal
				property when acting in such capacity.
C. Any public official acting under a court
				order to deal in metal property.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 2 - Registration › Rule 1-13-2.2 - Electronic Transmission Required

Current through June 25, 2024
All applications for registration, all Customer Transaction
				  Reports, all Dealer-to-Dealer Transaction Reports, and any other papers or
				  documents required to be maintained or submitted by the Act or by these Rules,
				  must be transmitted electronically to the Secretary of State's Agent. The
				  failure to electronically submit an application for registration, Customer
				  Transaction Reports, or Dealer-to-Dealer Transaction Reports, and any other
				  papers or documents required to be maintained or submitted by the Act or these
				  Rules to the Agent will subject the business to the administrative penalties
				  authorized by Mississippi Code Annotated Section 97-17- 71.1 (6)(d) (i)(ii).
				  The electronic filing shall be accessed through the Secretary of State's
				  website or that of its Agent. Instructions for e-filing and e-filing forms
				  shall be available on the Secretary of State's website at
www.sos.ms.gov
. Assistance may also be
				  provided by contacting the Division at 601-359- 9055.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 2 - Registration › Rule 1-13-2.3 - Registration of Separate Legal Entities

Current through June 25, 2024
Each geographic location, and each separate legal entity,
				  subsidiary, and affiliate, of a Scrap Metal Dealer, must be independently
				  registered to operate by the submission of a separate registration application
				  and fee. It is the responsibility of each Applicant and each Scrap Metal Dealer
				  to ensure separate registration of each of its locations and its subsidiaries
				  and affiliates.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 4 - Fees › Rule 1-13-4.1 - Dealer Fees

Current through June 25, 2024
The registration fee is Five Hundred Dollars ($500.00) for
				  Dealers.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 4 - Fees › Rule 1-13-4.2 - Dealer/Processor Fees

Current through June 25, 2024
The registration fee for Dealer/Processors shall be Two
				  Thousand Dollars ($2,000.00).
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 4 - Fees › Rule 1-13-4.3 - Penalties

Current through June 25, 2024
Any Dealer or Dealer/Processor that fails to submit their
				  registration application and all Customer Transaction Reports, Dealer-to-Dealer
				  Transaction Reports, and any other papers or documents required to be
				  maintained or submitted by the Act or these Rules to the Secretary's Agent is
				  subject to administrative penalties authorized by the Act or by these
				  Rules.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 5 - Recordkeeping › Rule 1-13-5.1 - Accurate and Legible Records

Current through June 25, 2024
Applicants for registration and registered Scrap Metal
				  Dealers must keep an accurate and legible record pursuant to the Act.
				  Applicants and Scrap Metal Dealers shall comply with the recordkeeping
				  requirements of the Act by submitting a Customer Transaction Report or a
				  Dealer-to-Dealer Transaction Report for each purchase transaction. The Customer
				  Transaction Report and/or Dealer-to-Dealer Transaction Report must be submitted
				  electronically to the Agent, who shall keep and maintain all electronic records
				  pursuant to the Act. Customer Transaction Reports and/or Dealer-to-Dealer
				  Transaction Reports must be uploaded to the Secretary's Agent no later than the
				  close of business (5:00 p.m.) of the next business day following the date of
				  purchase by the dealer.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 5 - Recordkeeping › Rule 1-13-5.2 - Customer Transaction Report

Current through June 25, 2024
Applicants and Scrap Metal Dealers shall ensure that each
				  Customer Transaction Report is completed in its entirety. This shall include
				  having the seller of Metal Property provide written affirmation that the seller
				  is the rightful owner of the Metal Property or is entitled to sell the property
				  on behalf of the true owner. Where the Metal Property being acquired is HVAC
				  equipment (including air conditioner evaporator coils or condensers), this
				  affirmation shall consist of a written statement provided by the seller that he
				  is a locally licensed (permit/privilege license) HVAC business or contractor.
				  The written affirmation statement may be maintained through the use of the
				  Daily Signature Sheet, a form authorized by the Secretary of State and
				  available on the Secretary of State's website. The Daily Signature Sheet
				  recommended by the Secretary of State satisfies the requirements of Mississippi
				  Code Annotated Sections
				  97-17-71(2)(f)
				  (statement of rightful ownership from seller) and 9717-71.2 (HVAC
				  representation). Use of the Daily Signature Sheet available on the Secretary of
				  State's website is not required. Any Dealer or Dealer/Processor may develop
				  their own form or written system to use in their business so long as it
				  complies with Sections
				  97-17-71(2)(f)
				  and 97-17-71.2. The Daily Signature
				  Sheet or any comparable version in use by a Dealer is never filed with the
				  Secretary of State's Office or with the Secretary's Agent. These are maintained
				  at the business for a period of two (2) years from the date of the purchase
				  transaction.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 5 - Recordkeeping › Rule 1-13-5.3 - Catalytic Converter Record Keeping

Current through June 25, 2024
Pursuant to Mississippi Code Annotated Section
				  97-17-71.3(d)(iii), Scrap Metal Dealers shall keep and maintain information
				  provided by the seller of the catalytic converter or nonferrous part thereof
				  for two (2) years. Records shall be subject to inspection and review by law
				  enforcement and Secretary of State examiners.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 6 - Payment by Check › Rule 1-13-6.1 - Payment by Check

Current through June 25, 2024
Pursuant to the Act, payment for Metal Property shall be by
				  check or by electronic funds transfer. At no point may payment be made by cash
				  tender. Payment shall, at all times, be made by check or electronic funds
				  transfer issued to the Seller of the Metal Property.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 7 - Certificate of Registration › Rule 1-13-7.1 - Date of Filing

Current through June 25, 2024
The date on which forms or other documents (electronic or
				  paper) are actually received by the Division or by the Secretary of State's
				  Agent shall be the date of filing. A registration or a renewal application is
				  not considered complete and fees are not considered received and none will be
				  further processed until all required documentation has been received by the
				  Division. Additional documentation not specifically called for by the forms,
				  but essential to full disclosure of information needed to process an
				  application shall be furnished, as directed, upon request by the Division. All
				  documents (electronic or paper) furnished to the Division become part of the
				  records of the Division and are not returnable.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 7 - Certificate of Registration › Rule 1-13-7.2 - Provisional Registration

Current through June 25, 2024
Upon submission of an application for registration, the
				  applicant will be issued a registration number by the Agent or the Secretary of
				  State. The registration is provisional at this point until the applicant is
				  issued a Certificate of Registration from the Secretary of State's Office. A
				  registration can be denied or cancelled for the following reasons:
A. The Secretary of State's inability to
				confirm receipt of the registration fee because of non-sufficient funds or
				other errors by Applicant;
B.
				Submission of an incomplete registration application;
C. Failure to satisfy the background history
				verification for registration as a Scrap Metal Dealer as required under the
				Act; or
D. Other just cause as
				determined by the Secretary of State.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 7 - Certificate of Registration › Rule 1-13-7.3 - Denial of Registration

Current through June 25, 2024
In addition to the cancellation of the provisional
				  registration, a finding of any of the above-listed reasons shall result in a
				  denial of the Applicant's registration as a Scrap Metal Dealer. Registration
				  under the Act is confirmed by the issuance of a Certificate of Registration by
				  the Secretary of State. Registration shall become effective upon the date of
				  registration reflected on the Certificate of Registration. The Certificate of
				  Registration is issued upon receipt by the Secretary of State of a completed
				  registration application, confirmed receipt of the registration fee, and an
				  assessment of the Applicant's qualifications to act as a Scrap Metal Dealer,
				  including but not limited to a criminal background history verification as
				  authorized by the Act.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 7 - Certificate of Registration › Rule 1-13-7.4 - Effective Period

Current through June 25, 2024
All registrations, unless suspended or revoked, shall be
				  effective for a period of two (2) years from the date of registration reflected
				  on the Certificate of Registration issued by the Secretary of State.
				  Individuals seeking to renew their registration must re-apply pursuant to the
				  Act and these Rules and submit the required registration fee.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 7 - Certificate of Registration › Rule 1-13-7.5 - Certificate of Registration

Current through June 25, 2024
A Certificate of Registration may be issued to each Scrap
				  Metal dealer in one or more of the following forms:
A. A standard Certificate of Registration
				document measuring approximately eight-and-a-half by eleven inches (8 ½"
				x 11") in size; and/or
B. A
				wallet-sized Registration Card.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 7 - Certificate of Registration › Rule 1-13-7.6 - Display of Certificate of Registration

Current through June 25, 2024
A current Certificate of Registration issued by the
				  Secretary of State shall be posted and displayed in a conspicuous place and in
				  easy view of all who enter the office or fixed location of the Scrap Metal
				  Dealer. A wallet-sized registration card will be issued by the Secretary of
				  State so that the same may be presented upon request of any individual in the
				  scrap metal business acting within the scope of his business to confirm lawful
				  registration of any dealer when the dealer is outside of his office or fixed
				  location.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 8 - Termination of Registration and Refund Policy › Rule 1-13-8.1 - Registration Refund Request

Current through June 25, 2024
The only basis for requesting a registration fee refund is
				  that the initial registration was made in error because the individual or
				  business does not engage in the business of purchasing regulated materials. In
				  such instances, a registration refund must be requested within ninety (90) days
				  following submission of the registration application. When an applicant is
				  denied registration, the registration fee will be refunded to the
				  applicant.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 8 - Termination of Registration and Refund Policy › Rule 1-13-8.2 - Registration Fee

Current through June 25, 2024
Otherwise, once a registration application is approved, the
				  registration fee becomes the property of the Mississippi Secretary of State's
				  Office and shall be non-refundable and non-transferable. No portion of the
				  registration fee will be returned to a registered Scrap Metal Dealer whose
				  registration is suspended or revoked.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 8 - Termination of Registration and Refund Policy › Rule 1-13-8.3 - Fee Non-refundable and Non-transferable

Current through June 25, 2024
When a registered Scrap Metal Dealer withdraws or surrenders
				  his Certificate of Registration, the registration fee is non-refundable and
				  non-transferable. However, should the same Dealer wish to return to operation
				  during the remaining two-year registration period, the Dealer may do so without
				  an additional fee until renewal.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 9 - Denial, Suspension, Revocation or Refusal to Renew Registration › Rule 1-13-9.1 - Notice

Current through June 25, 2024
The Secretary of State shall notify a Scrap Metal Dealer in
				  writing of his intent to deny, suspend, revoke, or refuse to renew the Dealer's
				  registration. The notification shall contain the reasons for the action and
				  shall inform the Dealer of his right to challenge the decision of the Secretary
				  of State by requesting an administrative hearing within fourteen (14) calendar
				  days of the date of notice. The denial, suspension, revocation, or refusal to
				  renew a registration shall become effective fourteen (14) calendar days
				  following the date of notice unless a written request for an administrative
				  hearing is received by the Secretary of State before the expiration of the
				  fourteen (14) calendar days. If a hearing is requested and the denial,
				  suspension, revocation, or refusal to renew is upheld, such action shall not
				  become effective until issuance of a Final Order following the
				  hearing.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 10 - Nonpublic Records; Confidentiality › Rule 1-13-10.1 - Confidentiality

Current through June 25, 2024
Any social security number; residential address not used as
				  a business address; driver's license number; federal EIN; personal email
				  address; residential telephone number not used as a business telephone number;
				  and any information disclosing an individual's percentage of ownership interest
				  in a Scrap Metal business, or any other personal or proprietary information
				  that may be obtained in any registration or renewal application for licensure
				  under these Rules shall not be deemed a public record.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).