reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 3 - Mississippi Emergency Management Agency Public Records Policy › Rule 31-201-3.5 - Inspection of Public Records

Current through June 25, 2024
A. Inspection of
				public records is available at no charge.
B. Inspection must be conducted at the
				Mississippi Emergency Management Agency, #1 MEMA Drive, Pearl, MS 39208, during
				normal hours of operation (Monday through Friday from 8 a.m. to 5 p.m.
				excluding state holidays).
C.
				Requests for inspection of public records must be made on the MEMA Official
				Public Records Request form and must be submitted according to this chapter,
				Rule 3.3.A.
D. Appointments for
				inspection of public records will be made no sooner than two business days
				after receipt of an official public records request.
E. If it is required that information must be
				redacted from public records available for inspection, the timeframes outlined
				in this chapter Rule 3.5 will be employed for inspection of public
				records.
F. If redaction of
				information is necessary, charges will apply as outlined in this chapter Rule
				3.4.
G. Any public record stored on
				proprietary sensitive software will be stored in an electronic format viewable
				by the requestor.
Miss. Code Ann. §
										25-61-5
				  & 7
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 3 - Mississippi Emergency Management Agency Public Records Policy › Rule 31-201-3.6 - Timeframe for Requests for Inspection and Production

Current through June 25, 2024
MEMA shall adhere to the following timeframes in response to
				  a request for inspection or production of public records:
A. MEMA will make all efforts to respond to
				each request within seven (7) working days as provided by §
									25-61-5,
				Mississippi Code of 1972.
B. MEMA
				may not be able to comply with all requests for public records within seven (7)
				working days and will comply within fourteen (14) working days after providing
				the requester with a written explanation of why inspection or production cannot
				be had within seven (7) days.
C. If
				the State Emergency Operations Center is activated due an emergency, whereby
				all agency personnel will be involved in response and recovery operations, all
				requests will be handled after the agency has returned to normal operation
				status.
Miss. Code Ann.
				  §§
										25-61-5
				  & 33-15-11
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 3 - Mississippi Emergency Management Agency Public Records Policy › Rule 31-201-3.7 - Exemptions to Public Records Requests

Current through June 25, 2024
There are exemptions to "The Public Records Act of 1983" in
				  which the request will be denied.
A.
				Requests for MEMA records may be denied if disclosure is exempted under the
				provisions of §§
									9-1-38,
				13-5-97,
				25-1-100,
				25-1-102,
				25-1-111,
				25-61-9,
				25-61-11,
				27-3-77,
				31-1-27,
				33-15-11(b)(12),
				39-7-41,
				41-9-68,
				73-52-1,
				and
				79-23-1
				Mississippi Code 1972.
B. Usually,
				except when a record is classified, or when disclosure would violate any other
				statute, the authority to withhold a record from disclosure is permissive
				rather than mandatory.
C. The
				authority for non-disclosure will not be invoked unless there are compelling
				reasons mandating such action.
Miss. Code Ann.
				  §§
										9-1-38,
				  13-5-97,
				  25-1-100,
				  25-1-102,
				  25-1-111,
				  25-61-9,
				  25-61-11,
				  27-3-77,
				  31-1-27,
				  33-15-11(b)(12),
				  39-7-41,
				  41-9-68,
				  73-52-1,
				  and
				  79-23-1
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 3 - Mississippi Emergency Management Agency Public Records Policy › Rule 31-201-3.8 - Records of Other Agencies or Entities

Current through June 25, 2024
MEMA does have access to records of other agencies and/or
				  entities. The following procedures will be followed if a request is made for
				  inspection or production of records that are the primary responsibility of
				  another agency or entity.
A. If a
				request is submitted to MEMA for current records that are the primary
				responsibility of another agency or entity, MEMA will refer the request to the
				pertinent agency or entity for appropriate action.
B. MEMA will advise the requester that the
				application has been forwarded to the responsible agency or entity.
Miss. Code Ann. §
										25-61-1
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 3 - Mississippi Emergency Management Agency Public Records Policy › Rule 31-201-3.9 - Denials of Public Records Requests

Current through June 25, 2024
Denials by MEMA of a request for access to or copies of
				  public records will be made in writing and will contain a statement of the
				  specific exemption relied upon for the denial.
Miss. Code Ann. §
										25-61-5
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 3 - Mississippi Emergency Management Agency Public Records Policy › Rule 31-201-3.10 - Suspension of Timeframe in times of Emergency

Current through June 25, 2024
The Governor may suspend the provisions of any regulatory
				  statute, including the Public Records Act of 1983, if strict compliance with
				  the provisions of said statute, rule or regulation would in any way prevent,
				  hinder or delay necessary action in coping with a disaster or emergency. As all
				  employees of MEMA have the primary responsibility for emergency management or
				  support for emergency management functions, in times of emergency as declared
				  by the Governor in a Proclamation of Emergency, the timeframes regulated by
				  statute and this rule may be suspended in order to adequately provide emergency
				  or disaster assistance to the state of Mississippi and its
				  citizens.
Miss. Code Ann. §
										33-15-11(c)(1)
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 3 - Mississippi Emergency Management Agency Public Records Policy › Rule 31-201-3.11 - MEMA Official Public Records Request Form

Current through June 25, 2024
The required form for requesting public records from MEMA
				  may be obtained by contacting the MEMA External Affairs Office, whose contact
				  information is provided in this chapter at Rule 3.3. The Official Public
				  Records Request form may also be found on the MEMA website at
www.msema.org
in the Library/Forms section of the
				  website.
Miss. Code Ann. §
										25-61-1
				  et. seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 4 - Rulemaking Oral Proceedings › Rule 31-201-4.1 - 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 MEMA pursuant to the Administrative Procedures
				  Act.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 4 - Rulemaking Oral Proceedings › Rule 31-201-4.2 - 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 MEMA or in the form of a pleading as if filed with the
				court.
C. Each request must include
				the full name, telephone number, 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 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 4 - Rulemaking Oral Proceedings › Rule 31-201-4.3 - 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 Agency Head, or 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 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 4 - Rulemaking Oral Proceedings › Rule 31-201-4.4 - 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 MEMA 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 MEMA 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. §
				  25-43-2.1005 (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 4 - Rulemaking Oral Proceedings › Rule 31-201-4.5 - 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 MEMA, part of the rulemaking record,
				  and are subject to MEMA's public records request procedure. MEMA may record
				  oral proceedings by stenographic or electronic means.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 5 - Declaratory Opinions › Rule 31-201-5.1 - Application of Chapter

Current through June 25, 2024
This chapter sets forth MEMA'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 MEMA's procedures regarding
				  the deposition of requests are required by Mississippi Code §
									25-43-2.103.
Miss Code Ann.
				  25-43-2.103 & 2.105 (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 5 - Declaratory Opinions › Rule 31-201-5.2 - Scope of Declaratory Opinions

Current through June 25, 2024
MEMA will issue declaratory opinions regarding the
				  applicability to specified facts of:
A.
				a statute administered or enforceable by MEMA,
B. a rule promulgated by MEMA, or
C. an order issued by MEMA.
Miss. Code Ann. §
										25-43-2.103
				  & 2.105 (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 5 - Declaratory Opinions › Rule 31-201-5.3 - Scope of Declaratory Opinion Request

Current through June 25, 2024
A request must be limited to a single transaction or
				  occurrence.
Miss. Code Ann. §
										25-43-2.103
				  & 2.105 (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 5 - Declaratory Opinions › Rule 31-201-5.4 - 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.
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 MEMA 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 signed the request.
E. Each request must clearly state that it is
				a request for declaratory opinion.
Miss. Code Ann. §
										25-43-2.103
				  & 2.105 (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 5 - Declaratory Opinions › Rule 31-201-5.5 - 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. §
										25-43-2.103
				  & 2.105 (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 5 - Declaratory Opinions › Rule 31-201-5.6 - 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. §
										25-43-2.103
				  & 2.105 (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 5 - Declaratory Opinions › Rule 31-201-5.7 - Reasons for Refusal of Declaratory Opinion Request

Current through June 25, 2024
MEMA may, for good cause, refuse to issue a declaratory
				  opinion. The circumstances in which declaratory opinions will not be issued
				  include, but are not limited to:
A. The
				matter is outside the primary jurisdiction of MEMA;
B. Lack of clarity concerning the question
				presented;
C. There is pending or
				anticipated litigation, administrative action or anticipated administrative
				action, or other adjudication which may either answer the question presented by
				the request or otherwise make an answer unnecessary;
D. 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;
E. The facts presented in the request are not
				sufficient to answer the question presented;
F. The request fails to contain information
				required by these rules or the requestor failed to follow the procedure set
				forth in these rules;
G. The
				request seeks to resolve issues which have been met or are abstract or
				hypothetical such that the requestor is not substantially affected by the rule,
				statute, or order on which a declaratory opinion is sought;
H. No controversy exists or is certain to
				arise which raises a question concerning the application of the statute, rule,
				or order;
I. The question
				presented by the request concerns the legal validity of a statute, rule, or
				order;
J. The request is not based
				upon facts calculated to aid in the planning of future conduct, but is,
				instead, based on past conduct in an effort to establish the effect of that
				conduct;
K. No clear answer is
				determinable;
L. The question
				presented by the request involves the application of a criminal statute or sets
				forth facts which may constitute a crime;
M. The answer to the question presented would
				require the disclosure of information which is privileged or otherwise
				protected by law from disclosure;
N. The question is currently the subject of
				an Attorney General's opinion;
O.
				The question has been answered by an Attorney General's opinion;
P. One or more requestors have standing to
				seek an Attorney General's opinion on the proffered question;
Q. A similar request is pending before this
				agency, or any other agency, or a proceeding is pending on the same subject
				before any agency, administrative or judicial tribunal, or where such an
				opinion would constitute the unauthorized practice of law; or
R. The question involves eligibility for a
				license, permit, certificate or other approval by MEMA or some other agency and
				there is a statutory or regulatory application process by which eligibility for
				said, license, permit, or certificate or other approval may be
				determined.
Miss. Code Ann. §
										25-43-2.103
				  & 2.105 (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 5 - Declaratory Opinions › Rule 31-201-5.8 - Agency Response

Current through June 25, 2024
Within forty-five (45) days after the receipt of a request
				  for a declaratory opinion which complies with the requirements of these rules,
				  MEMA 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 forty-five (45) day period shall begin on the first
				  business day after which the request is received by MEMA.
Miss. Code Ann. §
										25-43-2.103
				  & 2.105 (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 201 - MISSISSIPPI EMERGENCY MANAGEMENT AGENCY GENERAL RULES › Chapter 5 - Declaratory Opinions › Rule 31-201-5.9 - 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. §
										25-43-2.103
				  & 2.105 (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 301 - Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures › Chapter 2 - Applicant Evaluation, Employment and Certification Procedures › Rule 31-301-2.1 - Purpose

Current through June 25, 2024
1. This section establishes policy and
				procedure for certification of law enforcement officers.
Note: This section comprises sections formerly known as
				  "grand-fathered" officers, newly employed officers and lateral
				  transfers.
Miss Code
				  Ann. §
										45-6-7
Mississippi Administrative Code › Title 31 - Public Safety › Part 301 - Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures › Chapter 2 - Applicant Evaluation, Employment and Certification Procedures › Rule 31-301-2.2 - Policy

Current through June 25, 2024
1. The Board shall certify as law enforcement
				professionals those persons who meet the employment guidelines established in
				accordance with Mississippi Code as Annotated §
									45-6-11(3).
				Additionally, the Board shall certify certain eligible law enforcement officers
				as being exempt from the requirements.
A.
				Certification under the Law Enforcement Officers Training Program (LEOTP) is
				limited by law to law enforcement officers only. A law enforcement officer is
				defined in the statute (§
										45-6-3(c) and
				(d)) as any person who is:
1. Appointed or employed full-time,
				part-time, reserve, or auxiliary by the state or any political subdivision
				thereof,
2. Duly sworn,
3. Vested with the authority to bear arms,
				and to make arrests,
4. And
				assigned, as their primary responsibility, duties which are the prevention and
				detection of crime, the apprehension of criminals and the enforcement of
				criminal and traffic laws of the state and/or of a political subdivision of the
				state.
Mississippi Administrative Code › Title 31 - Public Safety › Part 301 - Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures › Chapter 2 - Applicant Evaluation, Employment and Certification Procedures › Rule 31-301-2.3 - Procedures

Current through June 25, 2024
1. All law enforcement employers shall follow
				these steps in the evaluation, employment and certification of law enforcement
				officers.
A. The employing agency must
				evaluate each law enforcement applicant to ensure each applicant meets the
				minimum employment criteria prior to employment. This evaluation must include
				the following:
1. A complete background
				investigation. This investigation is a critical factor in determining whether
				law enforcement applicants meet the requirements established under the LEOTP.
				The primary purpose of the investigation is to provide the law enforcement
				employer with enough factual information to determine if a particular candidate
				would ensure the continued public trust in the competence and reliability of
				the department.
2. The submission
				of the applicant's fingerprints to the Criminal Information Center of the MS
				Department of Public Safety (DPS/CIC) as a part of the background
				investigation.
Criminal Information Center/MJIC
Department of Public Safety
"Fingerprints"
3891 Highway 468 West
Pearl, Mississippi 39208
Telephone # - (601) 933-2600; Fax # - (601)
							 933-2676
Do not send fingerprints to the Board or to any of the
				  academies. None of these agencies will forward your applicant's
				  prints.
3. A review
				of the official Certificate of Release or Discharge from Active Duty, DD Form
				214 for all applicants who have military service.
4. A review of appropriate official documents
				to certify successful completion of high school or the General Educational
				Development (GED) Testing Program as per Chapter 2, Rule
				2.2, Subsection- c, Paragraph-2,
				Subparagraph-a - d.
5. A review of
				appropriate official documents to certify age and citizenship.
6. A medical and psychological review
				completed by a licensed physician. A medical and psychological exam is also
				required to enter the academy. Agencies shall use the training packet medical
				form required for entry into the academy to accomplish both requirements with
				one medical evaluation. Please note that the medical evaluation is valid for
				six months. Medical evaluations completed more than six months prior to
				enrollment in an academy must be updated.
7. A review of appropriate documents to
				verify current certification status for those applicants transferring from
				another law enforcement agency or jurisdiction.
8. Officers who transfer from another
				Mississippi law enforcement agency with a valid certificate (with a break
				in-service of less than two years) must continue to meet all the minimum
				employment standards. Therefore, agencies must conduct a background
				investigation and medical/psychological exam of all applicants to include those
				officers who may already hold certification.
Mississippi Administrative Code › Title 31 - Public Safety › Part 301 - Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures › Chapter 3 - Professional Certificates › Rule 31-301-3.2 - Policy

Current through June 25, 2024
1. Vested by law with ownership of and full
				responsibility for law enforcement officers' certificates, the Board's policy
				is to ensure that certificates are issued only to fully qualified officers and
				revoked when appropriate and that all certificates are accounted for at all
				times. The law specifies that any certificate for a law enforcement officer
				issued as a result of the Law Enforcement Officers Training Program is the
				property of the Board. Although the certificate is issued in the name of the
				individual officer, the Board shall place the certificate in the stewardship of
				the employer and shall retain the right to require return of the certificate to
				the Board. The employer shall not transfer a certificate issued by the Board to
				any person or agency except through the Board director.
Miss Code
				  Ann. §
										45-6-7
Mississippi Administrative Code › Title 31 - Public Safety › Part 301 - Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures › Chapter 4 - Hearings, Denial or Other Sanctions of Certificates › Rule 31-301-4.1 - Purpose

Current through June 25, 2024
1. This section establishes policy and
				procedures governing the classification of "not eligible for certification" or
				the reprimand, suspension (under conditions imposed by the board), recall or
				cancellation of the professional certificate of a law enforcement officer. This
				section also establishes the policy and procedures for board hearings for
				anyone aggrieved of a finding by the staff or to make special requests for
				relief under board policies.
Miss Code
				  Ann.§
										45-6-7
Mississippi Administrative Code › Title 31 - Public Safety › Part 301 - Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures › Chapter 4 - Hearings, Denial or Other Sanctions of Certificates › Rule 31-301-4.2 - Policy

Current through June 25, 2024
1. The Board may reject any unqualified
				applicant for certification by a classification of not eligible for
				certification. Further, the Board reserves the right to reprimand, suspend or
				cancel and recall any certificate when:
A. The
				certificate was issued by administrative error;
B. The certificate was obtained through
				misrepresentation or fraud;
C. The
				holder has been convicted, pled guilty, pled nolo contendere, fined, ordered
				into probation or pre-trial diversion in relation to a felony or a crime
				involving moral turpitude or that is directly related to the duties and
				responsibilities of a law enforcement officer;
D. The holder has committed an act of
				malfeasance or has been dismissed from his employing law enforcement agency;
				or
E. The physical or mental
				condition of the officer is such that the officer is incapable of performing
				law enforcement duties inherent to the profession; or
F. Other due cause as determined by the
				Board.
1. The Board has established standards
				and qualifications by rule and regulation for the employment of law enforcement
				officers as they relate to the competence and reliability of persons to
				discharge the responsibilities of that position of public trust. These
				standards address minimum age, education, training, physical and mental
				standards, citizenship, good moral character and experience.
2. Any conduct or action that would breach
				the established minimum standards, violate the Law Enforcement Code of Ethics
				or would greatly diminish the public trust in the competence and reliability of
				a law enforcement officer would be actionable as due cause for reprimand,
				suspension (under conditions), recall or cancellation of a
				certificate.
Mississippi Administrative Code › Title 31 - Public Safety › Part 301 - Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures › Chapter 4 - Hearings, Denial or Other Sanctions of Certificates › Rule 31-301-4.3 - Procedures

Current through June 25, 2024
1. The procedures listed herein shall be
				followed to ensure a fair and expedient process consistent with law.
A. The Board staff shall open a certification
				review file upon the instruction of the assistant director or the director. The
				director or the assistant may base the opening of a review file on a number of
				sources.
1. Routine activity by the Board
				staff that discloses noncompliance with the LEOTP or established policy shall
				be considered as possible basis for opening a certification review
				file.
2. Law enforcement agency
				heads may request in writing to the assistant director or the director that a
				certification review file be opened.
3. The investigative divisions of the state
				or a political subdivision thereof may request in writing to the assistant
				director or the director that a certification review file be opened
a. All such requests in Chapter-4, Section-3,
				Subsection-a, Paragraph-2 and 3 above, should be accompanied by documents to
				support the review request. All accepted materials shall become a part of the
				individual officer's application packet.
b. The release of these materials shall be in
				accordance with the Board's policy and the Open Meetings and Records Act.
Mississippi Administrative Code › Title 31 - Public Safety › Part 301 - Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures › Chapter 4 - Hearings, Denial or Other Sanctions of Certificates › Rule 31-301-4.4 - Law Enforcement Code of Ethics

Current through June 25, 2024
1. This document is
				the recognized Code of Ethics for Law Enforcement agencies.
Law Enforcement Code of
							 Ethics
A
s a law enforcement officer, my
							 fundamental duty is to serve mankind; to safeguard lives and property; to
							 protect the innocent against deception, the weak against oppression or
							 intimidation, and the peaceful against violence or disorder; and to respect the
							 Constitutional rights of all men to liberty, equality and justice.
I
will keep my private life unsullied as
							 an example to all; maintain courageous calm in the face of danger, scorn or
							 ridicule; develop self-restraint; and be constantly mindful of the welfare of
							 others. Honest in thought and deed in both my personal and official life, I
							 will be exemplary in obeying the laws of the land and the regulations of my
							 department. Whatever I see or hear of a confidential nature or that is confided
							 to me in my official capacity will be kept ever secret unless revelation is
							 necessary in the performance of my duty.
I
will never act officiously or permit
							 personal feelings, prejudices, animosities or friendships to influence my
							 decisions. With no compromise for crime and with relentless prosecution of
							 criminals, I will enforce the law courteously and appropriately without fear or
							 favor, malice or ill will, never employing unnecessary force or violence and
							 never accepting gratuities.
I
recognize the badge of my office as a
							 symbol of public faith, and I accept it as a public trust to be held so long as
							 I am true to the ethics of the police service. I will constantly strive to
							 achieve these objectives and ideals, dedicating myself before God to my chosen
							 profession...Law Enforcement.
Miss Code
				  Ann.§
										45-6-7,
				  45-6-11
Mississippi Administrative Code › Title 31 - Public Safety › Part 301 - Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures › Chapter 5 - Compliance Monitoring and Noncompliance › Rule 31-301-5.1 - Purpose

Current through June 25, 2024
1. This section establishes the policy and
				procedures for compliance monitoring and for addressing any instances of
				noncompliance that may come to the Board's attention.
Miss Code
				  Ann.§
										45-6-7
Mississippi Administrative Code › Title 31 - Public Safety › Part 301 - Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures › Chapter 5 - Compliance Monitoring and Noncompliance › Rule 31-301-5.2 - Policy

Current through June 25, 2024
1. The intent of the Legislature in enacting
				the Law Enforcement Officers Training Program (LEOTP) was clearly to establish
				standards for the selection and training of law enforcement officers as soon as
				possible upon beginning the officer's career. This action was for the benefit
				of all the people of the state in that trained officers could better meet the
				needs of a complex society. Due to that very complex nature of today's society,
				coupled with the ever-increasing demands for the services of the law
				enforcement professional, the need for competent, capable and credible officers
				has never been greater. The issue of competence has become a hotly debated
				topic in the nation's courts as the incidence of litigation against law
				enforcement officers for negligence continues to rise unabated. To further
				exacerbate matters, law enforcement agencies, towns, cities, counties and even
				state levels of government are being named by litigants for negligence and
				violation of civil rights. Simply stated, the potential penalty for failure to
				do the right thing at the right time is so great that the state and local
				governments cannot afford to ignore the risks. In a large measure, training and
				standards reduce the risk potential for failure on the part of law enforcement
				officers. The Board's policy is to ensure that the established standards are
				enforced to the maximum extent practically possible and that officers receive
				needed training throughout their careers. As a part of ensuring that standards
				are met, the Board will strive to encourage agencies and officers to achieve
				compliance by utilizing every asset and resource available to the Board.
Miss Code
				  Ann.§
										45-6-7
Mississippi Administrative Code › Title 31 - Public Safety › Part 301 - Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures › Chapter 5 - Compliance Monitoring and Noncompliance › Rule 31-301-5.3 - Procedures

Current through June 25, 2024
1. The primary tools the Board will use in
				compliance monitoring are the various forms
discussed in the section of this manual concerning
"Official Certification Forms".
These forms provide the Board
				  information upon which to base decisions as to the eligibility of an applicant
				  to become a law enforcement officer and the level of training required to meet
				  or exceed the mandated requirement. The Board will use other sources of
				  information as necessary to determine who is serving as a law enforcement
				  officer and whether or not the individual is certified and thereby authorized
				  to serve.
A. Compliance shall be
				evaluated on both an individual and organizational basis.
1. The individual must supply information to
				the Board through his employer. The employer must conduct a background
				investigation to verify the Board certification specifics (see the
"Law
				Enforcement Application for Certification and Background Investigation
				Review"
form Parts II and III). This information will be reviewed by the
				staff to determine eligibility and training. Random checks of the information
				will be conducted to obtain independent verification. Once the review is
				completed, the Board will inform the individual on the type of training
				required to obtain certification. The individual will have achieved compliance
				only after successful completion of the training and the Board's formal action
				of certification. Individuals must obtain certification within one year for
				full-time status and two years for part-time status after their date of hire.
2. Law enforcement agencies must
				establish policy that ensures only authorized (certified) officers perform
				duties as full-time or part-time (including reserve and/ or auxiliary) law
				enforcement officers. In addition to this policy, the agencies must provide
				requested information to the Board on a timely basis. The probationary period
				should prove to be ample time to achieve certification for any officer. Delays
				in submitting required paperwork and procrastinating in completing required
				training can easily result in noncompliance. No provisions are provided to
				waive, excuse or nullify the requirement to achieve certification within the
				probationary period. Agencies who have officers who cannot achieve
				certification within the established time limit must reassign the affected
				individuals to other duties or terminate their employment.
Mississippi Administrative Code › Title 31 - Public Safety › Part 301 - Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures › Chapter 6 - Reimbursement of Training Costs › Rule 31-301-6.1 - Purpose

Current through June 25, 2024
1. This section establishes the policy and
				procedures governing the reimbursement of training costs to the law enforcement
				agencies governed by the Law Enforcement Officers Training Program.
Miss Code Ann. §
										45-6-7,
				  45-6-13
Mississippi Administrative Code › Title 31 - Public Safety › Part 301 - Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures › Chapter 6 - Reimbursement of Training Costs › Rule 31-301-6.2 - Policy

Current through June 25, 2024
1. The Law Enforcement Officers Training
				Program created the board for the primary purpose of developing and
				implementing guidelines for the selection and training of law enforcement
				officers. Accordingly, the legislature mandated that the board authorize, but
				only from such funds authorized and appropriated by the Legislature, the
				reimbursement to each political subdivision and to state agencies of at least
				fifty percent (50%) of the allowable salary and allowable tuition, living and
				travel expense incurred by law enforcement officers in attendance at approved
				training programs, provided said political subdivisions and state agencies do
				in fact adhere to the selection and training standards established by the
				board. The board shall authorize, but only from such funds authorized and
				appropriated by the Legislature, the direct funding of a part-time law
				enforcement officer training program. The board shall require the payment of a
				reasonable tuition fee to aid in funding the costs of administering the
				part-time law enforcement officer training program.
Note: Reimbursement is authorized only for those
				  agencies and subdivisions of the state who are in compliance with all
				  provisions of the Law Enforcement Officers Training Program (LEOTP) Act to
				  include those policies and procedures established by the board pursuant to the
				  Act.
A. The priority of
				reimbursement funding shall be toward the development of:
1. Basic training;
2. Refresher/equivalency training; and
3. In-service training programs.
Mississippi Administrative Code › Title 31 - Public Safety › Part 301 - Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures › Chapter 7 - Standards for the Successful Completion of Law Enforcement Training › Rule 31-301-7.1 - Purpose

Current through June 25, 2024
1. This section establishes policy and
				procedures governing the standards to be used by accredited training academies
				in determining what constitutes successful completion of the Basic Law
				Enforcement Training Program.
Miss Code
				  Ann.§
										45-6-7
Mississippi Administrative Code › Title 31 - Public Safety › Part 301 - Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures › Chapter 7 - Standards for the Successful Completion of Law Enforcement Training › Rule 31-301-7.2 - Policy

Current through June 25, 2024
1. The Board approved Basic Law Enforcement
				Training Course shall include classroom activity, fitness training and hands-on
				skill certification.
A. Standards for
				successful completion of the course are as follows:
1. An academic average score of seventy
				percent (70%),
2. Physical fitness
				average score of seventy percent (70%),
3. Firearms qualifying score of seventy-five
				percent (75%),
4. Defensive driving
				average score of eighty percent (80%),
5. Defensive tactics average score of eighty
				percent (80%), plus a Pass/Fail Practical Examination.
6. And financial obligations paid in full by
				self-sponsored cadets.
Mississippi Administrative Code › Title 31 - Public Safety › Part 301 - Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures › Chapter 7 - Standards for the Successful Completion of Law Enforcement Training › Rule 31-301-7.3 - Procedures

Current through June 25, 2024
1. This section establishes procedures
				governing the standards to be used by accredited training academies.
A. Admission/enrollment procedure
1. Each academy shall develop an admittance
				and enrollment procedure. This procedure must ensure that only those applicants
				who are of good moral character meeting Board standards and are physically and
				mentally fit are admitted to the academy.
2. The academy may also include other
				qualifications for admittance to the training program consistent with the LEOTP
				and law.
3. The academy shall
				provide the Board staff a preliminary roster (to include standby personnel) not
				later than 10 working days prior to the class start date. The Board staff will
				screen the list for LEOTP requirements. If any candidate does not meet the
				requirements, the Board staff will contact the agency and the academy to
				resolve the conflict.
4. The
				academy shall provide the Board staff an updated entrance roster (if
				applicable), the student's graded entrance fitness score sheet, and the
				original completed training packets not later than five working days after the
				class report date. The candidate's NCIC report, certificate of high school/GED
				completion and verification of First Aid/CPR certification must be attached.
				All conflicts or missing information in these packets must be resolved. If any
				candidate does not meet the requirements, the Board staff will contact the
				agency and the academy to resolve the conflict.
5. Any law enforcement officer who is refused
				admittance to the academy will be given an impartial hearing at the academy. If
				the officer is aggrieved of this hearing, they may request a hearing before the
				Board as per established procedure for revocation/refusal to certify.