reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 6 - Ethics Hearings › Rule 21-201-6.9 - Motions

Current through June 25, 2024
All motions shall be in writing, unless made during a
				  hearing. A motion shall state with particularity the grounds therefore, shall
				  be supported by a memorandum of authorities, and shall set forth the relief or
				  order sought. Every written motion shall be filed with the hearing officer and
				  served by the moving party upon the opposing party or as the hearing officer
				  directs.
An opposing party shall have ten (10) calendar days after
				  service of the motion within which to file and serve a memorandum of
				  authorities in opposition to the motion. The moving party shall have five (5)
				  calendar days after service of the opposing memorandum to serve and file a
				  reply memorandum of authorities if he so desires. If a motion or opposition is
				  served by mail, three (3) calendar days shall be added to the time periods
				  specified herein for response.
The failure of a moving party to file a memorandum of
				  authorities in support of a motion shall constitute consent to the denial of
				  the motion. The failure of an opposing party to file a memorandum of points and
				  authorities in opposition to any motion shall constitute consent to the
				  granting of the motion.
Sections
				  25-4-15,
				  25-4-17 and
				  25-4-107,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 6 - Ethics Hearings › Rule 21-201-6.10 - Conduct of Hearings

Current through June 25, 2024
Pursuant to Section
				  25-4-107,
				  Miss. Code of 1972, hearings shall be conducted according to the Mississippi
				  Rules of Civil Procedure and the Mississippi Rules of Evidence. The Mississippi
				  Rules of Civil Procedure applicable to these hearings are Rules 42, 43, 50, 52
				  and 53. Other Mississippi Rules of Civil Procedure do not apply to these
				  hearings.
The following procedures will apply when appropriate:
A. The respondent will be allowed to present
				and argue any legal objections to the complaint set forth in the answer; the
				commission staff may thereupon present its answering argument; and thereafter
				the respondent may present rebuttal argument. The matter will then be submitted
				to the hearing officer for decision. The hearing officer may rule upon such
				objections immediately or take the matter under advisement and proceed with the
				hearing.
B. The commission staff
				will present its opening statement on the merits. The respondent will then be
				permitted to make an opening statement of the defense, or he may reserve the
				same until commencement of the presentation of the defense.
C. The commission staff will then present its
				case in chief in support of the complaint.
D. Upon conclusion of the commission staffs
				case in chief, the respondent may move for dismissal of the complaint. The
				hearing officer may hear arguments on the motion, or may grant, deny, or
				reserve decision thereon, with or without argument.
E. If no motion to dismiss is made, or if
				such motion is denied or decision reserved thereon, the respondent shall
				thereupon present the case for the defense.
F. Upon conclusion of the respondent's case,
				the commission staff may present its case in rebuttal.
G. Upon conclusion of the commission staff's
				case in rebuttal, the commission staff shall present its closing argument, the
				respondent may present answering argument, and thereafter the commission staff
				may present rebuttal argument. Thereupon the matter will stand submitted for
				decision.
H. The hearing officer
				may ask questions of witnesses, and may request or allow additional evidence at
				any time, including additional rebuttal evidence.
Sections
				  25-4-15,
				  25-4-17 and
				  25-4-107,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 6 - Ethics Hearings › Rule 21-201-6.11 - Failure or Refusal to Testify

Current through June 25, 2024
If a respondent fails to testify in his own behalf or
				  asserts a claim of privilege with respect to any question propounded to him,
				  the hearing officer may infer therefrom that such testimony or answer would
				  have been adverse to his case.
If any person controlling, controlled by, or under common
				  control with, or employed by, or an agent of, a respondent fails to respond to
				  a subpoena, or asserts a claim of privilege with respect to any question
				  propounded to him, the hearing officer may, taking into account all of the
				  circumstances, infer that such testimony would have been adverse to the
				  respondent.
Sections
				  25-4-15,
				  25-4-17 and
				  25-4-107,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 6 - Ethics Hearings › Rule 21-201-6.12 - Continuances

Current through June 25, 2024
Continuances shall not be granted by the hearing officer
				  except for good cause shown.
Sections
				  25-4-15,
				  25-4-17 and
				  25-4-107,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 6 - Ethics Hearings › Rule 21-201-6.13 - Defaults

Current through June 25, 2024
Failure of a respondent to appear personally at a hearing on
				  the merits without having obtained a waiver of appearance, shall constitute an
				  admission of all matters and facts alleged against such respondent, and shall
				  be deemed a waiver of the right to an evidentiary hearing. In such cases the
				  hearing officer may take action based upon such admission or upon any other
				  evidence, including affidavits, and without any further notices whatever to the
				  respondent.
Sections
				  25-4-15,
				  25-4-17 and
				  25-4-107,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 6 - Ethics Hearings › Rule 21-201-6.14 - Recommendation of the Hearing Officer and Decision of the Commission

Current through June 25, 2024
All findings of fact made by the hearing officer shall be
				  based upon clear and convincing evidence. The hearing officer shall reduce his
				  recommendations to writing and submit those recommendations to the Commission.
				  The hearing officer shall include written recommendations regarding penalties,
				  if any. The hearing officer shall appear before the Commission upon request to
				  participate in deliberation required to render a decision on the merits. The
				  Commission can enter a final order dismissing the case, modifying the report
				  and recommendation, or adopting the report and recommendation, or the
				  Commission can enter an order remanding the case for further
				  hearing.
Sections
				  25-4-15,
				  25-4-17 and
				  25-4-107,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 6 - Ethics Hearings › Rule 21-201-6.15 - Post-hearing phase

Current through June 25, 2024
After conclusion of the hearing, the commission or any
				  hearing officer appointed hereunder shall reduce its decision to writing and
				  forward a certified copy thereof to the last known address of the respondent,
				  the complainant and the executive director by way of United States first-class,
				  certified mail, postage paid.
The cost of the preparation of the record of the proceedings
				  for purpose of an appeal from a decision of the Ethics Commission shall be
				  assessed to and prepaid by the party filing the notice of appeal in accordance
				  with the Uniform Rules of Circuit and County Court. Such cost shall be paid
				  upon filing the notice of appeal pursuant to Rules 5.04 and 5.09 of the Uniform
				  Rules of Circuit and County Court.
Sections
				  25-4-15,
				  25-4-17 and
				  25-4-107,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 7 - Written Opinions of the Executive Director › Rule 21-201-7.1 - Effect of Opinions

Current through June 25, 2024
As set forth in Section
				  25-4-17,
				  Miss. Code of 1972, any written opinion of the executive director shall be
				  based upon prior opinions issued by the commission or reported court decisions
				  of Mississippi courts, are not binding on the commission, shall not be
				  published, and shall be ratified or rejected by the commission at the next
				  subsequent meeting of the commission.
If the commission ratifies the opinion, the requestor shall
				  not be liable for funds described in the request for opinion, and the requestor
				  shall enjoy the immunity from liability set forth elsewhere in Section
				  25-4-17. If
				  the commission rejects the opinion, the requestor shall not be liable for funds
				  described in the request for opinion that are paid before receipt of notice
				  that the opinion had been rejected by the commission.
Section
				  25-4-17,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 7 - Written Opinions of the Executive Director › Rule 21-201-7.2 - Limitations of Opinions

Current through June 25, 2024
The executive director is hereby authorized to issue written
				  opinions as set forth in Section
				  25-4-17,
				  Miss. Code of 1972, and in these rules. The executive director may issue
				  written opinions, in his discretion, when the circumstances presented by the
				  requestor are such that awaiting an opinion by the commission
A. would impose an undue inconvenience upon
				the requestor or
B. could result in
				a violation of law.
The executive director may not issue written opinions
				  regarding past action. Any request for a written opinion of the executive
				  director must be submitted in writing in a manner which satisfies the executive
				  director that the person submitting the request is in fact the same person he
				  or she purports to be and that the person submitting the request is seeking
				  advice on his or her own behalf or on behalf of another person with that other
				  person's permission.
A request for a written opinion of the executive director may
				  only be submitted by or on behalf of a "public servant," as defined in Section
				  25-4-103,
				  Miss. Code of 1972, someone who may be a public servant or someone who is
				  considering candidacy, appointment or employment as a public servant.
Within ninety-six hours of ratification or rejection of the
				  opinion of the executive director, the commission's staff shall transmit
				  written notification to the requestor regarding the nature of the commission's
				  action on the opinion. The commission's staff shall keep a complete, indexed
				  record of all opinions issued by the executive director.
Section
				  25-4-17,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 8 - Rulemaking Oral Proceedings › Rule 21-201-8.1 - Application of Chapter

Current through June 25, 2024
This chapter applies to all oral proceedings held for the
				  purpose of providing the public with an opportunity to make oral presentations
				  or written input on proposed new rules, amendments to rules, and proposed
				  repeal of existing rules before the Ethics Commission (hereinafter referred to
				  as "commission") pursuant to the Administrative Procedures
				  Act.
Section
				  25-43-2.105,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 8 - Rulemaking Oral Proceedings › Rule 21-201-8.2 - Request for Oral Proceeding

Current through June 25, 2024
When a political subdivision, an agency, or a citizen
				  requests an oral proceeding in regards to a proposed rule adoption, the
				  requestor must submit a printed, typewritten, or legibly handwritten
				  request.
A. Each request must be
				submitted on 8-1/2" x 11" white paper.
B. The request may be in the form of a letter
				addressed to the commission or in the form of a pleading as if filed with a
				court.
C. Each request must include
				the full name, telephone numbers, and mailing address of the
				requestor(s).
D. All requests shall
				be signed by the person filing the request, unless represented by an attorney,
				in which case the attorney may sign the request.
Section
				  25-43-2.105,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 8 - Rulemaking Oral Proceedings › Rule 21-201-8.3 - Notice of Oral Proceeding

Current through June 25, 2024
Notice of the date, time, and place of all oral proceedings
				  shall be filed with the Secretary of State's Office for publication in the
				  Administrative Bulletin. The agency providing the notice shall provide notice
				  of oral proceedings to each requestor. The oral proceedings will be scheduled
				  no earlier than twenty (20) days from the filing of the notice with the
				  Secretary of State. The Executive Director of the Ethics Commission, or
				  designee who is familiar with the substance of the proposed rule, shall preside
				  at the oral proceeding on a proposed rule.
Section
				  25-43-2.105,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 8 - Rulemaking Oral Proceedings › Rule 21-201-8.4 - Public Participation Guidelines

Current through June 25, 2024
Public participation shall be permitted at oral proceedings
				  in accordance with the following:
A. At
				an oral proceeding on a proposed rule, persons may make statements and present
				documentary and physical submissions concerning the proposed rule.
B. Persons wishing to make oral presentations
				at such a proceeding shall notify the commission at least three business days
				prior to the proceeding and indicate the general subject of their
				presentations. The presiding officer in his or her discretion may allow
				individuals to participate that have not contacted the commission prior to the
				proceeding.
C. At the proceeding,
				those who participate shall indicate their names and addresses, identify any
				persons or organizations they may represent, and provide any other information
				relating to their participation deemed appropriate by the presiding
				officer.
D. The presiding officer
				may place time limitations on individual presentations to assure the orderly
				and expeditious conduct of the oral proceeding. To encourage joint
				presentations and to avoid repetition, additional time may be provided for
				persons whose presentations represent the views of other individuals as well as
				their own views.
E. Persons making
				presentations are encouraged to avoid restating matters that have already been
				submitted in writing. Written materials may, however, be submitted at the oral
				proceeding.
F. Where time permits
				and to facilitate the exchange of information, the presiding officer may open
				the floor to questions or general discussion. The presiding officer may
				question participants and permit the questioning of participants by other
				participants about any matter relating to that rule-making proceeding,
				including any prior written submissions made by those participants in that
				proceeding. No participant shall be required to answer any question.
Section
				  25-43-2.105,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 8 - Rulemaking Oral Proceedings › Rule 21-201-8.5 - Submissions and Records

Current through June 25, 2024
Physical and Documentary Submissions presented by
				  participants in an oral proceeding shall be submitted to the presiding officer.
				  Such submissions become the property of the commission, part of the rulemaking
				  record, and are subject to the commission's public records request procedure.
				  The commission may record oral proceedings by stenographic or electronic
				  means.
Section
				  25-43-2.105,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 9 - Organization of the Ethics Commission › Rule 21-201-9.1 - Ethics Commission Responsibilities

Current through June 25, 2024
The Ethics Commission administers and enforces the Ethics in
				  Government Law, codified as Sections
				  25-4-1
				  through
				  25-4-119,
				  Miss. Code of 1972, and related authorities. The Commission's three primary
				  roles within the Ethics Law are to receive Statements of Economic Interest for
				  filing by public officials and candidates, and make the completed forms
				  available for public inspection; to process sworn complaints and investigate
				  alleged violations of law by public servants; and to issue written advisory
				  opinions to public servants regarding the conflict of interest laws. The Ethics
				  Commission also enforces the Open Meetings Act, issues decisions on the Public
				  Records Act and handles administrative appeals taken under the Lobbying Law
				  Reform Act of 1994.
Sections
				  25-4-1
				  through
				  25-4-119,
				  Section
				  25-41-15,
				  Section
				  25-61-13
				  and Section
				  5-8-17,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 9 - Organization of the Ethics Commission › Rule 21-201-9.2 - Ethics Commission Organization

Current through June 25, 2024
The commission shall annually elect one (1) member to serve
				  as chairman of the commission, one (1) member to serve as vice chairman and one
				  (1) member to serve as secretary. The vice chairman shall act as chairman in
				  the absence or upon the disability of the chairman or in the event of a vacancy
				  of the office of the chairman. Five (5) members of the commission shall
				  constitute a quorum. Five (5) members of the commission shall vote in the
				  affirmative before any official action can be taken by the commission.
				  Execution of such official action may be delegated to the chairman or executive
				  director of the commission.
The commission shall appoint an executive director to serve
				  at the pleasure of the commission. The executive director shall possess a high
				  degree of professional competence and integrity. The executive director shall
				  be responsible for the administrative operations of the commission and shall
				  perform other such duties within its powers as may be delegated or assigned
				  from time to time by regulations or orders of the commission. The commission,
				  by and through its executive director, may employ the personnel necessary to
				  properly discharge the duties and responsibilities of the commission, subject
				  to budgetary limitations. Such personnel shall possess a high degree of
				  professional competence and integrity in the area in which
				  employed.
Sections
				  25-4-9,
				  25-4-11
				  and
				  25-4-15,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 9 - Organization of the Ethics Commission › Rule 21-201-9.3 - Contact Information

Current through June 25, 2024
Contact information for the Ethics Commission is provided at
				  www.ethics.state.ms.us [File Link Not Available].
Section
				  25-43-2.104,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 1 - Mississippi Tort Claims Board Rules to Comply with the Administrative Procedures Act › Rule 21-301-1.1 - Purpose

Current through June 25, 2024
The purpose of this rule is to describe the organization of
				  the Mississippi Tort State Board (hereafter referred to as MTCB) and how the
				  public may obtain information from the Board as required by Section
				  25-43-2.104(a)
				  of the Mississippi Code of 1972, as amended.
Miss. Code Ann.
				  §§
										25-43-2.104(a);
				  11-46-19(q)
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 1 - Mississippi Tort Claims Board Rules to Comply with the Administrative Procedures Act › Rule 21-301-1.2 - Organization

Current through June 25, 2024
This rule establishes a description of the MTCB'S
				  organization which states the general course and method of its operations,
				  including how the public may obtain information or make submissions/requests to
				  the MTCB.
Miss. Code Ann.
				  §§
										25-43-2.104(a);
				  11-46-19(q)
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 1 - Mississippi Tort Claims Board Rules to Comply with the Administrative Procedures Act › Rule 21-301-1.3 - Obtaining Information

Current through June 25, 2024
The public may obtain a description of the MTCB'S
organization from the Guidelines and Regulations of the MTCB
				  currently on file with the Secretary of State. Additionally, the public may
				  access information relevant to the MTCB at their website
www.dfa.state.ms.us,
or by reviewing
				  Sections
				  11-46-1 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 MTCB Administrator at Post Office
				  Box 267, Jackson, MS, 39205. See also Chapter 07
Public Access to
				  Records.
Miss. Code Ann.
				  §§
										25-43-2.104(a);
				  11-46-19(q)
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 2 - Informal Proceedings Available to the Public › Rule 21-301-2.1 - Purpose

Current through June 25, 2024
The Purpose of this rule is to inform the public of all
				  informal proceedings available to the public as required by Section
				  25-43-2.104(b)
				  of the Mississippi Code of 1972, as amended.
Miss. Code Ann.
				  §§
										25-43-2.104(b);
				  11-46-19(q)
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 2 - Informal Proceedings Available to the Public › Rule 21-301-2.2 - MTCB Proceedings

Current through June 25, 2024
This rule establishes information on all MTCB
				  proceedings.
A. All information as to
				the rules of practice concerning all formal and informal proceedings is
				available by reviewing the rules and regulations of the MTCB currently on file
				with the Secretary of State. Further information may be obtained by reviewing
				the MTCB website at
www.dfa.state.ms.us,
or by reviewing
				Sections
				11-46-1 et
				seq., of the Mississippi Code of 1972, as amended, which may be accessed
				at
www.state.ms.us.
B. The MTCB generally meets the
				2nd Thursday of every other month at 1:30 P.M. at
				the Woolfolk State Office Building, 501 North West Street, Jackson, MS 39201.
				Other meetings may be called by the Board as necessary.
Miss. Code Ann.
				  §§
										25-43-2.104(b);
				  11-46-19(q)
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 3 - Public Hearings › Rule 21-301-3.1 - Purpose

Current through June 25, 2024
These sections set forth MTCB'S procedures for involving the
				  public in the development of rules through public meetings and/or public
				  hearings as required by Mississippi Code §
									25-43-3.104.
Miss. Code Ann.
				  §§ 25-43-31.04; 11-46-19(q)
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 3 - Public Hearings › Rule 21-301-3.2 - Requirements for Public Hearings

Current through June 25, 2024
A. At the time a
				Rule is filed with Secretary of State, the Administrator must also publish
				where written submissions or written requests for an opportunity to make oral
				presentations on the proposed rule may be inspected or submitted.
B. 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:
1. a political subdivision
2. an agency, or
3. 10 persons
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 3 - Public Hearings › Rule 21-301-3.3 - Location of Public Hearings

Current through June 25, 2024
A. Public hearings
				shall be held at a place and time generally convenient for persons affected by
				the rule.
Miss. Code Ann.
				  §§
										25-43-2.104(b);
				  11-46-19(q)
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 3 - Public Hearings › Rule 21-301-3.4 - Conducting Public Hearings

Current through June 25, 2024
A. Public Hearings
				must be open to the public .
B. The
				Administrator will preside at the proceeding.
C. The Administrator may issue rules for
				conduct of oral proceedings.
Miss. Code Ann.
				  §§
										25-43-2.104(b);
				  11-46-19(q)
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 3 - Public Hearings › Rule 21-301-3.5 - Public Availability of Public Hearings

Current through June 25, 2024
A. A
				verbatim written transcript of the oral proceedings at each public hearing
				shall be produced by the Administrator.
B. This material will be available for public
				inspection and copying as part of the Rule-Making Record.
Miss. Code Ann.
				  §§
										25-43-2.104(b);
				  11-46-19(q)
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 4 - Declaratory Opinions › Rule 21-301-4.1 - Purpose

Current through June 25, 2024
These sections set forth the MTCB'S procedures regarding the
				  requests for Declaratory Opinions, as required by §
									25-43-2.103
				  of the Mississippi Code of 1972, as amended.
Miss. Code Ann.
				  §§
										25-43-2.103;
				  11-46-19(q)
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 4 - Declaratory Opinions › Rule 21-301-4.2 - General

Current through June 25, 2024
Declaratory Opinions will be prepared by the Administrator
				  and approved by the Tort Claims Board.
Miss. Code Ann.
				  §§
										25-43-2.103;
				  11-46-19(q)
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 4 - Declaratory Opinions › Rule 21-301-4.3Persons - Who May Request Declaratory Opinions

Current through June 25, 2024
Any person with a substantial interest in the subject matter
				  may request the MTCB for a declaratory opinion by following the specified
				  procedures.
Miss. Code Ann.
				  §§
										25-43-2.103;
				  11-46-19(q)
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 4 - Declaratory Opinions › Rule 21-301-4.4 - Subjects Which May be Addressed in Declaratory Opinions

Current through June 25, 2024
A. The MTCB will issue declaratory opinions
				regarding the applicability to specified facts of:
1. A statue administered or enforceable by
				the MTCB,
2. A rule promulgated by
				the MTCB, or
3. An order issued by
				the MTCB.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 4 - Declaratory Opinions › Rule 21-301-4.5 - Circumstances in Which Declaratory Opinions Will Not Be Issued

Current through June 25, 2024
A. The MTCB 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 MTCB;
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 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 4 - Declaratory Opinions › Rule 21-301-4.6 - 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. Each request must be submitted on standard business
				letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a
				letter addressed to the MTCB 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 MTCB Administrator.
				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 identity of all other known persons
				involved in or impacted by the factual situation causing the request including
				their relationship to the facts; their 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 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 4 - Declaratory Opinions › Rule 21-301-4.7 - Time for MTCB'S Response

Current through June 25, 2024
A. MTCB'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 MTCB 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 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 4 - Declaratory Opinions › Rule 21-301-4.8 - Public Availability of Requests and Declaratory Opinions

Current through June 25, 2024
A. The Administrator 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.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 5 - Availability of MTCB Orders › Rule 21-301-5.1 - Procedures and Authority

Current through June 25, 2024
These sections set forth the procedures for making the MTCB
				  Orders available to the public as required by § 25-42-2.102 of the
				  Mississippi Code of 1972, as amended.
A. The Administrator shall be responsible for
				making them available for public inspection and copying indexed by name and
				subject. This is subject to any confidentiality provisions established by
				law.
B. The written final order
				can't be precedent to the detriment of any person by the MTCB until it has been
				made available for public inspection & indexed.
1. This is inapplicable to any person who has
				actual timely knowledge of the order;
2. The burden of proof is on the
				MTCB.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 6 - By-Laws of Mississippi Tort Claims Board › Rule 21-301-6.2 - Committees

Current through June 25, 2024
A.
Standing and Special
				Committees
: The Board shall authorize such committees as it may desire
				and shall designate whether the same are standing or special. The Authority
				shall specify the jurisdiction and scope of such standing committees by
				resolution upon the minutes. Special committees may be created by resolution
				which shall specify the special purpose and function of said committees.
1.
Appointments
: Standing
				committees will continue to function from year to year. The Chairman shall make
				appointments to all standing committees at the annual meeting of the Board.
				Upon the creation of special committees or standing committees, initial
				appointments to committees shall be made by the Chairman as soon thereafter as
				may be convenient.
2.
Committee Minutes
: All committees shall keep minutes of their
				proceedings which shall be submitted to the Board at its next regular or
				special meeting.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 7 - Public Access to Records › Rule 21-301-7.1 - Fees

Current through June 25, 2024
The Board shall collect fees for searching, reviewing and/or
				  duplicating public records, together with the cost of mailing, if applicable.
				  The amount charged shall be determined by estimating to the nearest quarter
				  hour the time required for the Administrative Secretary to search, review
				  and/or duplicate the public records and applying the rate of $4 per quarter
				  hour to such estimated time. The actual estimated cost of reproducing ($.45 per
				  page), and the expense of mailing, if any, shall be added to the time charge.
				  The total estimated cost shall be paid in advance of complying with the request
				  for public records.
A. After payment of
				the cost has been made, the Tort Claims Board shall mail or deliver the records
				to the applying person no later than 10 working days from the date of such
				payment.
B. The Tort Claims Board
				shall notify any applicant in writing if the request to be denied due to
				exemption of the records from disclosure by virtue of state law. The
				notification of denial shall be mailed or delivered to the applicant no later
				than 10 working days after tender of the cost has been made. The cost paid to
				the Board shall be returned to the applicant.
Miss. Code Ann.
				  §§
										11-46-19(q);
				  25-61-1, et seq.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 10 - Guidelines for the Purchase of Excess Liability Insurance by a State Agency › Rule 21-301-10.1 - Excess Liability Coverage

Current through June 25, 2024
Section
				  11-46-17(4),
				  Mississippi Code of 1972, as amended, provides: "Any governmental entity of the
				  state may purchase liability insurance to cover claims in excess of the amounts
				  provided for in Section
				  11-46-15
				  and may be sued by anyone in excess of the amounts provided for in Section
				  11-46-15
				  to the extent of such excess insurance carried; provided, however, that the
				  immunity from suit above the amounts provided for in Section
				  11-46-15
				  shall be waived only to the extent of such excess liability insurance
				  carried."
A. Every state agency is
				protected to the extent of the limitations of liability as provided in the Tort
				Claims Act. The decision to purchase excess coverage above the statutory
				limitations of liability is a policy decision of each individual agency.
				Approval of the Tort Claims Board is not required for purchase of excess
				coverage; however, the Tort Claims Board does suggest the following guidelines
				in purchasing any such excess coverage:
1.
				The statutory limitations of liability as provided in the Tort constitute
				primary coverage and are mandatory for every state agency.
2. The purchase of any excess coverage should
				be from an insurance company with a minimum Best rating of B+.
3. A copy of the declaration page of any
				excess policy should be provided to the Tort Claims Board as the Board must
				notify the Third Party Administrator of such excess coverage. The Third Party
				Administrator will notify any excess carrier of any claim that may exceed the
				statutory limitations of liability.
4. Each agency electing to purchase excess
				coverage shall submit to the Tort Claims Board, in writing, the reasons the
				agency believes it is necessary to have a greater amount of protection than
				that provided in the Tort Claims Act. All such reasons are to be submitted to
				the legislature annually.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 11 - Additional Exclusions for State Plan › Rule 21-301-11.1 - Exclusions from State Plan

Current through June 25, 2024
The Board adopts the exclusions and limitations contained in
				  the current version of ISO Commercial General Liability Form (1988), and the
				  Business Auto Liability Policy CA0001, 11/88 Edition, to be applicable to the
				  Tort Claims Fund operated by the Board for state agencies.
Miss. Code Ann.
				  §§
										11-46-18;
				  11-46-19; 11-46-20
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 12 - Hearings › Rule 21-301-12.1 - Rules

Current through June 25, 2024
These rules shall govern hearings before the Board on the
				  adequacy of a plan of coverage or any other issue.
A. The Board, in its discretion, may hold a
				hearing upon its own motion or upon the timely written request for a hearing by
				a state agency, political subdivision, or any other interested
				person.
B. The Board may hold, a
				hearing at any state of its deliberations, including:
1. As part of the initial consideration by
				the Board of a plan or other issue.
2. After such initial consideration, to
				receive supplemental information to aid the Board in making a
				determination.
3. After an adverse
				decision by the Board, to permit the aggrieved political subdivision or other
				interested person to submit additional information for use by the Board in
				reconsidering the adverse decision. Any such request for this type of hearing
				shall be made within twenty days after the adverse decision by the
				Board.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 13 - Exemptions and Exceptions › Rule 21-301-13.1 - Authority

Current through June 25, 2024
Upon good cause shown, the Board shall have the authority to
				  grant such exemptions and exceptions to these regulations as needed in the
				  opinion of the Board to implement Section
				  11-46-1 et
				  seq. of the Mississippi Code of 1972, as amended, effectively and efficiently
				  in the best interests of the political subdivisions or the
				  state.
Miss. Code Ann.
				  §§
										11-46-18;
				  11-46-19; 11-46-20
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 14 - Disposal of Salvage › Rule 21-301-14.1 - Method

Current through June 25, 2024
The Board hereby delegates to the Claims Manager the
				  authority to dispose of all salvage obtained in the settlement or payment of
				  any tort claim at fair market value by such means and upon such terms as the
				  Claims Manager may think best. Provided, however, that prior to any sale of
				  such salvage the Claims Manager shall ascertain the fair market value of such
				  salvage by requesting offers from at least three salvage yards and shall then
				  sell such salvage to the highest and best offer. All proceeds from the sale of
				  such salvage shall be deposited in the Tort Claims Fund.
Miss. Code Ann.
				  §§
										11-46-18;
				  11-46-19; 11-46-20
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 15 - Mediation › Rule 21-301-15.1 - Authority

Current through June 25, 2024
The Board shall have the discretionary authority to
				  participate with willing claimants in voluntary non-binding mediation of tort
				  claims against state agencies. The Board shall participate in any mediation
				  ordered by a court pursuant to the mediation rules adopted by the Mississippi
				  Supreme Court.
Miss. Code Ann.
				  §§
										11-46-18;
				  11-46-19; 11-46-20
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 16 - Position Statement on Single Occurrence Jurisdiction › Rule 21-301-16.1 - Statement

Current through June 25, 2024
It is the stated position of the Mississippi Tort Claims
				  Board as spread upon its minutes of the March 10th, 2005, Board meeting that
				  Mississippi is and has always been, since the beginning effective date of the
				  Tort Claims Act, a "single occurrence" jurisdiction and that notwithstanding
				  the number of parties, recovery is limited to the maximum amount allowed by
				  law.
Miss. Code Ann.
				  §§
										11-46-18;
				  11-46-19; 11-46-20
Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 17 - Board's Authority to Seek Judicial Enforcement › Rule 21-301-17.1 - Authority

Current through June 25, 2024
The Board shall have the authority to pursue judicial
				  enforcement of the requirements of Section
				  11-46-1 et
				  seq. of the Mississippi Code of 1972, as amended, and these regulations in any
				  court of competent jurisdiction; and, take all other reasonable and necessary
				  actions to carry out the powers and duties of the board under Section
				  11-46-1 et
				  seq. of the Mississippi Code of 1972, as amended and these
				  regulations.
Miss. Code Ann.
				  §§
										11-46-18;
				  11-46-19; 11-46-20
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 1 - Introduction

Current through June 25, 2024
This Part establishes the minimum requirements necessary to
				regulate the intrastate and interstate commerce of molluscan shellfish and to
				establish a program to protect the public health of consumers by assuring the
				harvesting, sale and shipment of shellfish from safe sources and assuring
				shellfish have not been adulterated during shellfish related activities in the
				state.
This Part also establishes the requirements for molluscan
				shellfish aquaculture activities in marine waters that require a permit under
				the provisions of the Coastal Wetlands Protection Act and the Mississippi
				Aquaculture Act of 1988.
The Mississippi Department of Marine Resources (MDMR) follows
				the guidance of the Interstate Shellfish Sanitation Conference (ISSC) National
				Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan
				Shellfish (hereafter referred to as the NSSP Model Ordinance) for the
				management of all molluscan shellfish related activities within the State of
				Mississippi. The most current version of this document may be found at the
				following website:
https://www.issc.org/
. The MDMR Shellfish
				Bureau maintains a document titled
Molluscan Shellfish Growing Waters
				Management Plan
which outlines the plan for management of shellfish
				related activities. This document can be found on the MDMR webpage at
				dmr.ms.gov/shellfish/
Any unlawful act under this Part by any person, firm or
				corporation is subject to the penalties provided by law.
Miss. Code Ann.
				§§
									49-15-15,
				49-15-36,
				49-15-303,
				49-15-304,
				49-27-1,
				79-22-1; NSSP Model Ordinance,
				2019 Version