reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 2 - PUBLIC RECORDS › Rule 36-101-2.3 - Timetable for Processing

Current through June 25, 2024
"Working Days" as used herein means Monday through Friday
				  but excludes State recognized holidays mandated by Mississippi Code Annotated,
				  Section
				  3-3-7, other
				  holidays identified in holiday proclamations published or distributed by the
				  Mississippi Secretary of State, and any other day the offices of state agencies
				  are officially closed for business.
Within seven (7) Working Days of receipt of the request, the
				  WCC will do one or more of the following:
i. Make the records available for inspection
				or copying.
ii. If Standard
				Documents are requested and full payment is received in accordance with the
				attached Schedule of Fees, send the copies to the requestor.
iii. Acknowledge the receipt of the Special
				Request and accompanying Special Request fee of $60, and provide a reasonable
				estimate of the time and cost that will be required to make the records
				available; for records that do not fall under the provisions of Mississippi
				Code Annotated Section
				25-61-9
				regarding Third Party Information notification requirements, the WCC will
				provide a written explanation if the records cannot be produced within the
				seven Working Day period.
iv.
				Provide notice of missing or incomplete payment to the requestor. Requests not
				accompanied by the appropriate payment will be closed within ten (10) Working
				Days of the date of the WCC's notification to the requestor, if payment is not
				received.
v. If the request is
				unclear or does not sufficiently identify the requested records, request
				clarification from the requestor. Such clarification may be requested and
				provided by telephone, with written follow-up. The WCC may revise the estimate
				of when records will be available.
vi. Deny the request, with documentation to
				the requestor as to the reason for denial.
Mississippi Code Ann.
				  25-53-171(4)
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 2 - PUBLIC RECORDS › Rule 36-101-2.4 - Third Party Information

Current through June 25, 2024
The WCC receives certain information from Third Parties that
				  may be confidential. In compliance with Mississippi Code Annotated Section
				  25-61-9(1),
				  trade secrets or confidential commercial or financial information is not
				  released until notice has been given to the party submitting the information.
				  When the WCC receives a request to release Third Party Information, the owner
				  of this information is notified of the name and address of the party requesting
				  the information and the nature of the information requested. The requestor also
				  receives a copy of this notification. The Third Party is given twenty-one (21)
				  days from the date the Third Party is given notice by the WCC to either obtain
				  a court order protecting the information as confidential or submit to the WCC a
				  copy of the chancery court filed petition seeking protective order.
If a court order or filed petition is delivered to the WCC
				  by this deadline, the WCC will notify the requestor that the information is
				  protected and cannot be furnished. If a court order is not obtained nor a filed
				  petition for protective order submitted, then WCC shall release all information
				  not protected to the requestor once the deadline has passed and payment for the
				  information has been received from the requestor.
Mississippi Code Ann.
				  25-53-171(4)
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 2 - PUBLIC RECORDS › Rule 36-101-2.5 - Assessment of Costs to Requestor

Current through June 25, 2024
Payment for information requested must be made in advance
				  and must be sufficient to cover the actual costs for the WCC and/or the
				  customer agency/institution to furnish the information. Such costs include, but
				  are not limited to, staff and/or counsel time to evaluate and research the
				  request, to retrieve any relevant files, to organize the information, to notify
				  any Third Parties, to develop a cost estimate and schedule, to reproduce the
				  material, and to deliver the information requested.
Payment must be in the form of a certified check, money
				  order, or corporate check made payable to the WCC for the amount specified. No
				  cash or personal checks can be accepted. Should the actual cost of producing
				  the requested information exceed the estimate provided, the requestor will be
				  notified of the additional amount due before the WCC provides the information.
Mississippi Code Ann.
				  25-53-171(4)
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 2 - PUBLIC RECORDS › Rule 36-101-2.6 - Schedule of Fees

Current through June 25, 2024
Standard Documents:
Printed Copy of RFPs
$25, plus actual cost of reproducing any oversized
							 diagrams or other special
Copy of RFPs on CD in Microsoft Word
							 format
$25 for word document; any oversized diagrams or
							 other special attachments will be reproduced on paper or
Paper copy of a project contract, excluding
							 confidential exhibits
$25
Special Requests and Variable Costs:
Evaluation & research payment (Due with the
							 submission of Public Records requests for special requests and is applied
							 toward the actual cost of filling the Public
$60
Fees for fulfilling Special Requests, based on the
							 expense categories below:
Quoted individually upon receipt of written request
							 and $60 evaluation and research
In-house photocopies
$0.20 per page (paper/copier fee); actual cost for
							 color copies
CD (with .doc, .xls, or .pdf files of requested
							 information)
$5.00 per CD (media fee)
Postage, UPS, Federal Express*
Actual Cost
Staff time
Actual staff time required to
Computer processing
Actual Cost
Temporary agency personnel*
Actual Cost
Reproduction cost by outside print
Actual Cost
Attorney time
Actual Cost
*The WCC may request that payments for outside
				  services be made by the requestor directly to the company or person providing
				  the services.
Mississippi Code Ann.
				  25-53-171(4)
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 2 - PUBLIC RECORDS › Rule 36-101-2.7 - Requests for Standard Documents

Current through June 25, 2024
In order to save time and expense to the requestor, the WCC
				  has established a list of standard documents and rates for frequently requested
				  information. The list of these documents and associated costs are in the
				  Standard Documents portion of the Schedule of Fees shown below. It is not
				  necessary to send the $60 evaluation and research fee for Standard Documents.
Mississippi Code Ann.
				  25-53-171(4)
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 2 - PUBLIC RECORDS › Rule 36-101-2.9 - Schedule of Fees

Current through June 25, 2024
The charges for the WCC to fulfill public records requests
				  are based upon the following:
Standard Documents:
Printed Copy of RFPs
$25, plus actual cost of reproducing any oversized
						  diagrams or other special attachments
Copy of RFPs on CD in Microsoft Word format
$25 for Word document; any oversized diagrams or other
						  special attachments will be reproduced on paper or electronically at actual
						  cost
Paper copy of a project contract, excluding confidential
						  exhibits
$25
Special Requests and Variable Costs:
Evaluation & research payment (Due with the
						  submission of Public Records requests for special requests and is applied
						  toward the actual cost of filling the Public Records request)
$60
Fees for fulfilling Special Requests, based on the
						  expense categories below:
Quoted individually upon receipt of written request and
						  $60 evaluation and research payment (above).
In-house photocopies
$0.20 per page (paper/copier fee); actual cost for color
						  copies
CD (with .doc, .xls, or .pdf files of requested
						  information)
$5.00 per CD (media fee)
Postage, UPS, Federal Express*
Actual cost
Staff time
Actual staff time required to provide all services to
						  fulfill the Public Records request, including but not limited to researching;
						  providing notifications; and compiling, copying, scanning, and delivering
						  requested information, at staff members' hourly rates ($60 - $75 per hour)
Computer processing
Actual Cost
Temporary agency personnel*
Actual Cost
Reproduction cost by outside print facility*
Actual Cost
Attorney time
Actual Cost
*
The WCC may request that payments for outside
				  services be made by the requestor directly to the company or person providing
				  the services. Acceptable Forms of Payment:
1. Corporate Check
2. Certified Check
3. Money Order
No cash or personal checks can be accepted.
Mississippi Code Ann.
				  25-53-171(4)
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 4 - ENCRYPTION › Rule 36-101-4.2 - Background

Current through June 25, 2024
1. The Mississippi Wireless Communication
				Commission (WCC) is implementing a statewide survivable, reliable,
				interoperable wireless communication system known as the Mississippi Wireless
				Information Network (MSWIN).
2.
				The MSWIN is equipped with over-the-air rekeying (OTAR) capabilities allowing
				authorized encrypted PTT devices (subscriber units) to be rekeyed over the air
				without physically touching the device. Encryption keys must initially be
				loaded locally with 'Key Loader'.
3. Vendors may offer proprietary encryption
				software in their equipment as a no-cost option. The proprietary nature of the
				software will not allow the use of the over the air re-keying feature or
				interoperability with other vendor's devices in the encryption mode.
4. The use of vendor specific proprietary
				encryption software limits users' choices for PTT devices and other equipment
				to that vendor.
5. The WCC has
				adopted the AES encryption software as the preferred system encryption software
				and discourages the use of vender proprietary encryption software.
Mississippi Code Ann.
				  25-53-171(4)
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 4 - ENCRYPTION › Rule 36-101-4.3 - Procedure

Current through June 25, 2024
1. The user must notify the MSWIN Liaison of
				the user's desire to encrypt the operation of PTT devices.
A. The notification will include the number
				of talk groups, the type of encryption, and the device identification.
B. The user must state if
				encryption will be operator selected or the talk groups will be in encrypted
				mode full-time.
C. Non-AES
				encrypted devices must be programmed for operator selection only.
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 5 - NARROW BAND - TDMA SUBSCRIBER DEVICES › Rule 36-101-5.1 - Purpose

Current through June 25, 2024
The purpose of this policy is to establish guidelines for
				  use of FDMA and TDMA subscriber devices on MSWIN.
Mississippi Code Ann.
				  25-53-171(4)
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 5 - NARROW BAND - TDMA SUBSCRIBER DEVICES › Rule 36-101-5.2 - Background

Current through June 25, 2024
1. The Mississippi Wireless Communication
				Commission (WCC) is implementing a statewide survivable, reliable,
				interoperable wireless communication system known as the Mississippi Wireless
				Information Network (MSWIN).
2.
				The WCC adopted the P-25 Phase 2 TDMA narrow banding technology and will
				retro-fit existing equipment or install TDMA equipment upon availability,
				anticipated to be June 2012.
3.
				TDMA will increase the capacity for existing tower equipment two fold with
				minimal expense.
4. Multiple
				Vendors offer P-25 Phase 2 ready subscriber equipment as well as P-25 Phase 2
				capable (up-gradable) subscriber units.
Mississippi Code Ann.
				  25-53-171(4)
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 5 - NARROW BAND - TDMA SUBSCRIBER DEVICES › Rule 36-101-5.3 - Procedure

Current through June 25, 2024
1. New subscriber or other equipment
				purchased for operation on the MSWEST must be TDMA capable or equipped.
2. Users operating TDMA capable
				devices, on MSWIN, must upgrade the devices within 90 days of notification that
				MSWIN has initialized TDMA.
3.
				Users operating non-TDMA capable devices, on MSWEST, must contact the MSWIN
				Liaison and cooperate in the development of a migration or usage plan to
				minimize the capacity impact of the continued use of the non-TDMA devices on
				the MSWIN system.
4. Users
				operating non-TDMA capable devices, with MSWIN special event talk groups, for
				emergency or short term event interoperability, must contact the MSWIN Liaison
				and agree to specific use guidelines.
Mississippi Code Ann.
				  25-53-171(4)
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 6 - MSWIN INTEROPERABILITY PATCH › Rule 36-101-6.1 - Purpose

Current through June 25, 2024
The purpose of this policy is to define a Mississippi
				  Wireless Information Network (MSWIN) Interoperability Patch and establish
				  operational procedures.
Mississippi Code Ann.
				  25-53-171(4)
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 6 - MSWIN INTEROPERABILITY PATCH › Rule 36-101-6.2 - Background

Current through June 25, 2024
Patching the MSWIN system for normal operations creates a
				  high risk of degrading the availability of both the MSWIN and agency's
				  resources. Patching to MSWIN will be strictly monitored and controlled. The
				  implementation and operation of the patch hardware, interface, radio, labor,
				  etc. is the responsibility of the requesting agency. The MSWIN network manager
				  will assign talk groups during large events, including training sessions,
				  requiring more talk group resources than is available from the regional special
				  event talk groups, including the state-wide special event talk group.
1. A MSWIN Patch is defined as an interface
				between the MSWFaT system and any non-MSWIN radio or audio source to provide
				audio communications between disparate systems, or connecting two or more
				MSWFaT talk groups.
A. Patching can
				interconnect the MSWIN to a PBX or other telephone system, cell systems, the
				internet, satellite phones or another agency's communication system.
B. In most cases network patches can be
				accomplished through dispatch consoles or external gateway devices.
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 6 - MSWIN INTEROPERABILITY PATCH › Rule 36-101-6.3 - Procedure

Current through June 25, 2024
1. Any agency or private sector emergency
				response organization desiring to operate on MSWIN or having access to Special
				Event talk groups, will, through an authorized representative, execute the
				Mississippi Interoperability Channel Plan (MICP) Memorandum of Understanding
				prior to the issuance of system identification numbers.
2. The MSWIN network manager will be notified
				prior to the use of the state-wide special event talk groups. In the event of
				an emergency the network manager will be notified as soon as possible.
3. Depending on the event regional
				MSWIN special event talk groups should be utilized prior to state-wide MSWIN
				special event talk groups.
4.
				Temporarily Established Patches
A. No prior
				approval is required for MSWIN member agencies establishing temporary patches
				to their
own
talk groups.
B. The MSWIN network manager will be notified
				of any temporary patch in place for more than twelve hours.
C. The patch must function in a technically
				and operationally consistent manner.
a. The
				release time between messages should be less than 4 seconds.
b. The audio quality should be a close
				representation of the original audio as heard on a typical subscriber radio.
c. The audio shall be free of hum,
				clicks, or other extraneous noise.
d. There shall be no clipping of the first
				syllables or loss of audio through the patch.
D. The agency will continuously monitor and
				respond to calls on the patch.
E.
				Although necessary, patches have the ability to degrade the performance of the
				MSWIN system, as such; agencies are requested to disconnect temporary patches
				as soon as possible.
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 6 - MSWIN INTEROPERABILITY PATCH › Rule 36-101-6.4 - Network Patch Deactivation

Current through June 25, 2024
1. When
				interoperable communications are no longer required, agencies should follow
				these guidelines:
A. The Incident Commander
				or designee shall:
a. Make an announcement on
				the command channel to all, advising them that the network patch is being
				deactivated.
b. Contact the MSWIN
				or console operator to shut down the network patch.
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 6 - MSWIN INTEROPERABILITY PATCH › Rule 36-101-6.5 - Problem ID and Resolution

Current through June 25, 2024
1. If an issue or
				problem is identified during the network patch, the MSWIN network manager will
				determine who will take corrective action. If the issue or problem cannot be
				identified, the network manager shall contact the appropriate technical
				personnel.
Mississippi Code Ann.
				  25-53-171(4)
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 6 - MSWIN INTEROPERABILITY PATCH › Rule 36-101-6.6 - Network Patch Test Procedures

Current through June 25, 2024
1. To ensure that
				equipment components of the network patch operate properly, each agency will
				test their resources according to their agency's individual policies and
				procedures. Below are recommended procedures:
A. Representatives from each agency should
				meet on a regular basis to test communications.
B. Testing should include deployment, setup,
				operation, and deactivation of the network patch.
C. Agency representatives should arrive at
				the test location to test their ability to communicate with other agencies
				utilizing the patch.
Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 6 - MSWIN INTEROPERABILITY PATCH › Rule 36-101-6.7 - Grade of Service

Current through June 25, 2024
1. If a patch
				negatively impacts the MSWIN GOS, MSWIN may remotely disable a patch after
				attempting to rectify the problem and in the case of a permanent patch only
				after 30 days written notice.
2.
				In the event of an emergency, as determined by the MSWIN network manager, the
				patch radios will be immediately disabled. The MSWIN network manager will make
				a good faith effort to notify the agency.
Mississippi Code Ann.
				  25-53-171(4)
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 1 - General Rules and Standards to Implement Electronic Recording › Rule 36-201-1.1 - Purpose

Current through June 25, 2024
The purpose of this chapter is to establish uniform
				  recording standards and practices, provide for integrity and security of
				  transmissions of such records, and promote efficiencies and improved service
				  for electronic recording of real property records in the offices of Chancery
				  Clerks.
Section 5 (a), HB 599,
				  2011 Regular Session of the Mississippi Legislature, as approved by the
				  Governor.
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 1 - General Rules and Standards to Implement Electronic Recording › Rule 36-201-1.3 - Optional Participation

Current through June 25, 2024
The implementation of, use of, establishment of, and/or
				  participation in, a System of Electronic Recording is optional with each
				  Chancery Clerk of each county in the state of Mississippi.
Section 4,HB 599, 2011
				  Regular Session of the Mississippi Legislature, as approved by the
				  Governor.
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 1 - General Rules and Standards to Implement Electronic Recording › Rule 36-201-1.4 - Standards

Current through June 25, 2024
The following standards are applicable to eRecording in the
				  office of any Chancery Clerk who elects to implement, use, establish and/or
				  participate in a System of Electronic Recording in the State of
				  Mississippi:
(A) Electronic recording
				under this Chapter shall conform to the technical standards set forth in the
				following documents adopted by the Property Records Industry Association
				(PRIA): (1) PRIA eRecording XML Standard Version 2.4, which includes PRIA
				Request Version 2.4.2 (August 2007); (2) PRIA Response Version 2.4.2 (August
				2007); (3) Document Version 2.4.1 (October 2007); and (4) Notary Version 2.4.1
				(October 2007).
(B) The PRIA
				eRecording XML Implementation Guide for Version 2.4.1, Revision 2 (March 2007),
				as amended from time to time, should be consulted for reference. Copies of
				these standards and the Implementation Guide are available:
(1) from the Property Records Industry
				Association (PRIA), 2501 Aerial Center Parkway, Ste. 103, Morrisville, NC
				27560; telephone: (919) 459 2081; website: http://www.pria.us; [File Link Not
				Available] and
(2) from the Office
				of the Secretary of State of the State of Mississippi, 700 North Street,
				Jackson, Mississippi 39202; telephone: 800-256-3494 or 601-359-1633; website
www.sos.state.ms.us.
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 1 - General Rules and Standards to Implement Electronic Recording › Rule 36-201-1.5 - Subsequent Changes

Current through June 25, 2024
Any subsequent changes to, amendments to, or versions of,
				  the standards referenced and established in Rule
				  1.4 which may hereafter be adopted by
				  PRIA or any successor organization shall be subject to approval by the
				  Mississippi Electronic Recording Commission before becoming effective in the
				  State of Mississippi.
Section 5 (a) and (c),
				  HB 599, 2011 Regular Session of the Mississippi Legislature, as approved by the
				  Governor.
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 1 - General Rules and Standards to Implement Electronic Recording › Rule 36-201-1.6 - Models of eRecording

Current through June 25, 2024
Electronic Documents shall conform to the following
				  models:
(A) Model 1: Trusted Submitters
				will transmit scanned images of original ink-signed documents to the office of
				the Chancery Clerk. The office of the Chancery Clerk completes the recording
				process in the same way as paper using the imaged copy as the source document.
				Once the Chancery Clerk accepts the documents for recording, the scanned image
				is "burned" with the recording information, including recording date and time
				as well as the unique recording reference number, such as instrument number.
				Indexing is performed by the indexing staff of the Chancery Clerk's office, as
				with paper documents. A copy of the recorded images is returned to the Trusted
				Submitter, together with the recording endorsement data.
(B) Model 2: Trusted Submitters will transmit
				scanned images of ink-signed documents or an Electronic Document electronically
				signed and notarized, along with data necessary for processing, indexing, and
				returning the document, to the office of the Chancery Clerk. The office of the
				Chancery Clerk performs an electronic examination of the imaged document and
				indexing data, and then completes the recording process using the imaged copy
				and electronic indexing information. The electronic version of the recorded
				document is returned to the Trusted Submitter, together with the recording
				endorsement data.
(C) Model 3:
				Trusted Submitters will transmit documents which have been created, signed and
				notarized electronically containing the electronic indexing information, or
				SMART" documents which are a single object containing the electronic version of
				the document in such a way that enables the electronic extraction of data from
				the object. SMART" documents are required to be signed and notarized
				electronically. Electronic Signatures must comply with the Uniform Electronic
				Transaction Act (UETA). The office of the Chancery Clerk performs an electronic
				examination of the Electronic Documents and indexing information, then
				completes the recording process using the Electronic Documents. Images of
				electronic and SMART" documents are made and returned to the Trusted Submitter
				along with recording endorsement data.
(D) However, Model 3 documents are acceptable
				only to the extent that they have been electronically notarized within a state
				which has enacted laws governing electronic notarizations and has promulgated
				rules effectuating the same.
Section 5 (a) and (c),
				  HB 599, 2011 Regular Session of the Mississippi Legislature, as approved by the
				  Governor.
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 1 - General Rules and Standards to Implement Electronic Recording › Rule 36-201-1.7 - Trusted Submitter Agreements

Current through June 25, 2024
Every Trusted Submitter and every Delivery Agent
				  transmitting electronic records shall complete and sign a Trusted Submitter
				  Agreement application in a form which substantially conforms to that appended
				  to this Rule as Exhibit A. Each Chancery Clerk electing to implement, use,
				  establish and/or participate in a System of Electronic Recording must record a
				  true and correct copy of each such Trusted Submitter Agreement in and among the
				  county land records in his or her Miscellaneous Book or other, similar record
				  series. Thereupon, the Trusted Submitter shall be authorized to record
				  documents electronically.
Section 5 (a) and (c),
				  HB 599, 2011 Regular Session of the Mississippi Legislature, as approved by the
				  Governor.
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 1 - General Rules and Standards to Implement Electronic Recording › Rule 36-201-1.8 - Who may Submit Trusted Submitter Agreements

Current through June 25, 2024
Each Chancery Clerk shall determine who may submit real
				  property documents for electronic recording and who may enter into Trusted
				  Submitter Agreements as set forth in these Rules.
Section 5 (a) and (c),
				  HB 599, 2011 Regular Session of the Mississippi Legislature, as approved by the
				  Governor.
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 1 - General Rules and Standards to Implement Electronic Recording › Rule 36-201-1.9 - Business Rules

Current through June 25, 2024
Each Chancery Clerk electing to implement, use, establish
				  and/or participate in a System of Electronic Recording must adopt, establish
				  and publish a set of Business Rules that govern how electronic recording will
				  be conducted. At a minimum, such rules must:
(A) provide for a reasonable period of time
				exclusive of weekends, holidays, and any day on which the Chancery Clerk's
				office is closed: (1) for acceptance or rejection of a document submitted for
				recording electronically; and (2) for notification thereof to the Trusted
				Submitter;
(B) establish a
				procedure for assigning an order of processing electronic submissions in
				conjunction with documents transmitted to the Chancery Clerk's office by other,
				traditional means;
(C) describe
				document rejection practices and standards and provide for a means of informing
				Trusted Submitters of the reason(s) for rejection.
Section 5 (a) and (c),
				  HB 599, 2011 Regular Session of the Mississippi Legislature, as approved by the
				  Governor.
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 1 - General Rules and Standards to Implement Electronic Recording › Rule 36-201-1.10 - Payment of Fees

Current through June 25, 2024
Each Chancery Clerk electing to implement, use, establish
				  and/or participate in a System of Electronic Recording shall allow for the
				  electronic payment of recording fees. Such fees may be paid and collected
				  through a Delivery Agent using a third party account, provided full recording
				  fees are paid by the close of the following business day provided such funds
				  are available to the office of the Chancery Clerk within two business days of
				  the transaction and sufficient documentation is generated to satisfy county
				  audit requirements. Electronic payment may be accomplished by ACH debit, direct
				  deposit, escrow account payment, federal reserve wire transfer, credit cards,
				  or such other means as the individual Chancery Clerk may designate. However, no
				  transaction or merchant fee may be paid by the office of the Chancery
				  Clerk.
Section 4 (b)(7), HB
				  599, 2011 Regular Session of the Mississippi Legislature, as approved by the
				  Governor.
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 1 - General Rules and Standards to Implement Electronic Recording › Rule 36-201-1.11 - Document Formatting

Current through June 25, 2024
Any document submitted for electronic recording shall, where
				  applicable, conform to the formatting requirements set forth in Miss. Code Ann.
				  §
									89-5-24
				  (Supp. 2012).
Section 5 (a) and (c),
				  HB 599, 2011 Regular Session of the Mississippi Legislature, as approved by the
				  Governor.
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 1 - General Rules and Standards to Implement Electronic Recording › Rule 36-201-1.12 - Amendments

Current through June 25, 2024
The Rules set forth in this Part 201 may be amended at any
				  time by a majority vote of the Mississippi Electronic Recording Commission in
				  accordance with the Mississippi Administrative Procedures
				  Act.
Section 5 (a) and (c),
				  HB 599, 2011 Regular Session of the Mississippi Legislature, as approved by the
				  Governor.
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 2 - Rule-making Oral Proceedings › Rule 36-201-2.1 - Application of Chapter

Current through June 25, 2024
This Chapter applies to all oral proceedings held for the
				  purpose of providing the public 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 Mississippi Electronic Recording Commission
				  pursuant to the Administrative Procedures Act.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 2 - Rule-making Oral Proceedings › Rule 36-201-2.2 - Request for Oral Proceeding

Current through June 25, 2024
When a political subdivision, an agency, or a citizen
				  requests an oral proceeding in regards to a proposed rule adoption, the
				  requestor must submit a printed, typewritten, or legibly handwritten
				  request.
(A) Each request must be
				submitted on 8-1/2" x 11" white paper.
(B) The request may be in the form of a
				letter addressed to the Mississippi Electronic Recording 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.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 2 - Rule-making Oral Proceedings › Rule 36-201-2.3 - Notice of Oral Proceeding

Current through June 25, 2024
Notice of the date, time, and place of all oral proceedings
				  shall be filed with the Secretary of State's Office for publication in the
				  Administrative Bulletin. The 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 Chairman of the Mississippi Electronic Recording
				  Commission, or a designee who is familiar with the substance of the proposed
				  rule, shall preside at the oral proceeding on a proposed
				  rule.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 2 - Rule-making Oral Proceedings › Rule 36-201-2.4 - Public Participation Guidelines

Current through June 25, 2024
Public participation shall be permitted at oral proceedings
				  in accordance with the following:
(A)
				At an oral proceeding on a proposed rule, persons may make statements and
				present documentary and physical submissions concerning the proposed
				rule.
(B) Persons wishing to make
				oral presentations at such a proceeding shall notify the Mississippi Electronic
				Recording 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, indentify any persons or
				organizations they may represent, and provide any other information relating to
				their participation deemed appropriate by the presiding officer.
(D) The presiding officer may place time
				limitations on individual presentations when necessary to assure the orderly
				and expeditious conduct of the oral proceeding. To encourage joint
				presentations and to avoid repetition, additional time may be provided for
				persons whose presentations represent the views of other individuals as well as
				their own views.
(E) Persons making
				presentations are encouraged to avoid restating matters that have already been
				submitted in writing. Written materials may, however, be submitted at the oral
				proceeding.
(F) Where time permits
				and to facilitate the exchange of information, the presiding officer may open
				the floor to questions or general discussion. The presiding officer may
				question participants and permit the questioning of participants by other
				participants about any matter relating to that rule-making proceeding,
				including any prior written submissions made by those participants in that
				proceeding. No participant shall be required to answer any question.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 2 - Rule-making Oral Proceedings › Rule 36-201-2.5 - Submissions and Records

Current through June 25, 2024
Physical and Documentary Submissions presented by
				  participants in an oral proceeding shall be submitted to the presiding officer.
				  Such submissions become the property of the Mississippi Electronic Recording
				  Commission, part of the rulemaking record, and are subject to the Mississippi
				  Electronic Recording Commission's public records request procedure. The
				  Mississippi Electronic Recording Commission may record oral proceedings by
				  stenographic or electronic means.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 3 - Declaratory Opinions › Rule 36-201-3.1 - Application of Chapter

Current through June 25, 2024
This Chapter sets forth the Mississippi Electronic Recording
				  Commission's rules governing the form, content, and filing of requests for
				  declaratory opinions, the procedural rights of persons in relation to the
				  written requests, and the Mississippi Electronic Recording Commission's
				  procedures regarding the disposition of requests as required by Mississippi
				  Code §
									25-43-2.103.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 3 - Declaratory Opinions › Rule 36-201-3.2 - Scope of Declaratory Opinions

Current through June 25, 2024
The Mississippi Electronic Recording Commission will issue
				  declaratory opinions regarding the applicability to specified facts of:
(A) a statute administered or enforceable by
				the Mississippi Electronic Recording Commission;
(B) a rule promulgated by the Mississippi
				Electronic Recording Commission;
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 3 - Declaratory Opinions › Rule 36-201-3.3 - Scope of Declaratory Opinion Request

Current through June 25, 2024
A request must be limited to a single transaction or
				  occurrence.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 3 - Declaratory Opinions › Rule 36-201-3.4 - How to Submit Requests

Current through June 25, 2024
When a person with substantial interest, as required by
				  Section
				  25-43-2.103
				  of the Administrative Procedures Act, requests a declaratory opinion, the
				  requestor must submit a printed, typewritten, or legibly handwritten request,
				  consistent with the following:
(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 Mississippi Electronic Recording 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.
(E)
				Each request must clearly state that it is a request for a declaratory
				opinion.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 3 - Declaratory Opinions › Rule 36-201-3.5 - Signature Attestation

Current through June 25, 2024
Any party who signs the request shall attest that the
				  request complies with the requirements set forth in these rules, including but
				  not limited to a full, complete, and accurate statement of relevant facts and
				  that there are no related proceedings pending before any agency,
				  administrative, or judicial tribunal.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 3 - Declaratory Opinions › Rule 36-201-3.6 - Request Content Requirement

Current through June 25, 2024
Each request must contain the following:
(A) A clear identification of the statute,
				rule, or order at issue;
(B) The
				question for the declaratory opinion;
(C) A clear and concise statement of all
				facts relevant to the question presented;
(D) The identity of all other known persons
				involved in or impacted by the facts giving rise to the request including their
				relationship to the facts, and their name, mailing address, and telephone
				number; and
(E) A statement
				sufficient to show that the requestor has a substantial interest in the subject
				matter of the request.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 3 - Declaratory Opinions › Rule 36-201-3.8 - Agency Response

Current through June 25, 2024
Within ninety (90) days after the receipt of a request for a
				  declaratory opinion which complies with the requirements of these rules, the
				  Mississippi Electronic Recording Commission shall, in writing:
(A) Issue an opinion declaring the
				applicability of the statute, rule, or order to the specified
				circumstances;
(B) Agree to issue a
				declaratory opinion by a specified time but no later than ninety (90) days
				after receipt of the written request; or
(C) Decline to issue a declaratory opinion,
				stating the reasons for its action. The ninety (90) day period shall begin on
				the first business day after which the request is received by the Mississippi
				Electronic Recording Commission.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 3 - Declaratory Opinions › Rule 36-201-3.9 - Availability of Declaratory Opinions and Requests for Opinions

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
				  shall be available for public inspection and copying at the expense of the
				  viewer during normal business hours. All declaratory opinions and requests
				  shall be indexed by name, subject, and date of issue. Declaratory opinions and
				  requests which contain information which is confidential or exempt from
				  disclosure under the Mississippi Public Records Act or other laws shall be
				  exempt from this requirement and shall remain confidential.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 3 - Declaratory Opinions › Attachment 36-201-3-B - Documents and Indexing Specifications

Current through June 25, 2024
1.
Eligible Document Types
All document types recorded in a paper-based world are
				  acceptable for eRecording.
[Be sure to name any exceptions. Further, it
				  may be helpful to attach a table to show document types and anticipated
				  indexing data.]
2.
County Specific Document Type Coding
Please refer to PRIA Web site (
www.pria.us
) for the Logical Data Dictionary,
				  which lists all the "Document Types." It is the Chancery Clerk's intention to
				  not reject documents based on "incorrect or non-County specific" document
				  types. The Chancery Clerk's Office will correct the document type as part of
				  the acceptance process.
3.
Indexing Fields for each Document Code
See the attached table.
[Be sure to indicate your
				  intentions regarding incomplete or inaccurate indexing data. Will your staff
				  correct/change the indexing data or reject the document?]
4.
Document
				Imaging Quality Control Standards
The xhtml document must display in W3C (World Wide Web
				  Consortium) Standards.
5.
Notary Requirements per Document
It is the responsibility of the Submitter to confirm that
				  notary signatures and seals are present on all documents that require them.
				  Inked notary seals are strongly recommended, in place of emobssed notary seals
				  which require "darkening" by the Submitter prior to submittal.
6.
Eligible
				Document Batches
Document batches will be submitted by a standard naming
				  convention as specified by the Chancery Clerk. The maximum size of electronic
				  document batches will be determined by the Chancery Clerk.
Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 3 - Declaratory Opinions › Attachment 36-201-3-C - Service Offering

Current through June 25, 2024
1.
Hours of Operation
Documents may be submitted at any time during the week.
				  Documents will only be processed between 8:00 a.m. and 5:00 p.m. on those days
				  that the Chancery Clerk's Office is open to the public for business. Documents
				  will not be processed on county holidays, weekends, declared emergencies, etc.
				  or in the event of network or equipment failure. The Chancery Clerk's Office
				  will attempt to notify Submitters of any disruption in service.
2.
Processing
				Schedules
Documents must be received by
[specify a
				  time]
local time to be recorded or rejected on the date received.
				  Documents received after
[specify a time]
local time will be
				  recorded or rejected on the next business day.
3.
Alternative Delivery
				Options
There are no other electronic delivery options at this
				  time.
4.
Return Options
Submitted documents that are accepted for recording will be
				  made available to the Submitter in electronic format after recording. Notice of
				  Acceptance will be provided to Submitter within 24 hours (excluding weekends,
				  holidays, and any other time in which the Chancery Clerk's Office is closed) of
				  submission. The document image and indexing data shall either be included in
				  the notice of Acceptance, or provided subsequently.
Submitted documents that are rejected will be made available
				  to the Submitter in electronic format after rejection, along with a description
				  of the reason(s) for rejection. Notice of Rejection will be provided within 24
				  hours (excluding weekends, holidays, and any other time in which the Chancery
				  Clerk's Office is closed) of submission.
5.
Service Help Contact
				Information
The following Chancery Clerk staff members
[minimum
				  of two]
are identified as the primary points of contact for the
				  Submitter:
Name:
Email:
Phone number:
Name:
Email:
Phone number: