reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 6 - Economic Development › Part 1 - Financial Resources › Chapter 21 - Mississippi Ports Improvements Fund Grant Program › Rule 6-1-21.11 - Compliance with Federal Immigration Laws and Mississippi Employment Protection Act

Current through June 25, 2024
The Entity and/or Project contractors are required to ensure
				  compliance with the Mississippi Employment Protection Act ("MEPA"), Miss. Code.
				  Ann. §
									71-11-3
				  et seq., and must ensure that the Entity and/or Project contractors register
				  and participate in the status verification system for all newly hired
				  employees. The term "employee" as used herein means any person that is hired to
				  perform work within the State of Mississippi. As used herein, "status
				  verification system" means the Illegal Immigration Reform and Immigration
				  Responsibility Act of 1996 that is operated by the United States Department of
				  Homeland Security, also known as the E-Verify Program, or any other successor
				  electronic verification system replacing the E-Verify Program. Entity and/or
				  Project contractors must maintain records of such compliance and, upon request
				  of the State of Mississippi and approval of the Social Security Administration
				  or Department of Homeland Security, where required, to provide a copy of each
				  such verification to the State. Any person assigned to perform services must
				  meet the employment eligibility requirements of all federal and state
				  immigration laws. Any breach may subject the Entity to the following: (a)
				  termination of the Agreement and ineligibility for any state or public contract
				  in Mississippi for up to three (3) years, with notice of such
				  cancellation/termination being made public, or (b) the loss of any license,
				  permit, certification or other document granted to the company by an agency,
				  department or governmental entity for the right to do business in Mississippi
				  for up to one (1) year, or (c) both. In the event of such
				  termination/cancellation, the Entity and/or Project contractor would also be
				  liable for any additional costs incurred by the State due to contract
				  cancellation or loss of license or permit.
Miss. Code
				  Ann. §
										71-11-3;
				  Miss. Code Ann. §
										57-1-371;
				  Miss. Code Ann. §
										57-1-373;
				  Miss. Code Ann. § 57-1-731.
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 1 - COMMUNITY FOUNDATIONS COVID-19 GRANT PROGRAM RULES AND REGULATIONS › Rule 6-2-1.1 - PROGRAM OBJECTIVE AND PURPOSES

Current through June 25, 2024
The Program is designed to provide CARES Act funds to
				  designated Mississippi Community Foundations and to the North Mississippi
				  Education Consortium to award grants to Eligible Grantees as outlined in the
				  Community Foundations Act to reimburse those entities for Eligible Expenditures
				  incurred by them due to COVID-19. The Program shall comply with applicable
				  federal and state laws, rules, and regulations.
Senate Bill
				  2221, 2021 Regular Legislative Session; Senate Bill 3063, 2020 Regular
				  Legislative Session; House Bill 1782, 2020 Regular Legislative Session
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 1 - COMMUNITY FOUNDATIONS COVID-19 GRANT PROGRAM RULES AND REGULATIONS › Rule 6-2-1.3 - GRANT AGREEMENT

Current through June 25, 2024
The Community Foundations and the Consortium will be required
				  to execute a Grant Agreement to participate in the Program, which will
				  contractually bind those entities to the legal requirements and terms of the
				  Program.
A. The Grant Agreement will
				contain the following information to be provided by a Community Foundation or
				the Consortium:
1. The full registered name of
				the entity, along with any DBAs or tradenames;
2. The name of the representative with legal
				authority to bind the entity;
3.
				The names of all board members of the entity;
4. The entity's address(es);
5. The entity's phone number;
6. The entity's email address;
7. The entity's primary contact for the
				Program.
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 1 - COMMUNITY FOUNDATIONS COVID-19 GRANT PROGRAM RULES AND REGULATIONS › Rule 6-2-1.4 - UNIFORM PROGRAM REQUIREMENTS

Current through June 25, 2024
The Community Foundations and the Consortium shall establish
				  Program rules, policies, procedures, and forms for implementing Grants to
				  Eligible Grantees. To the extent feasible, these should be uniform requirements
				  and forms to ensure a fair and equitable process for making Grants. On a
				  minimum basis, MDA is proscribing the following measures to be utilized by the
				  Community Foundations and the Consortium in making Grants:
A. An Application Process whereby each
				potential Eligible Grantee will be required to fill out an application to
				provide basic information:
1. The Eligible
				Grantee's name as registered with Mississippi Secretary of State, along with
				any DBAs or tradenames;
2. The
				Mississippi Secretary of State's Business ID number;
3. The primary contact for the Eligible
				Grantee;
4. The Eligible Grantee's
				address, phone number, and email address;
5. An outline of the nature of the Eligible
				Grantee's activities that are related to responding to the COVID-19
				pandemic;
6. The types and amounts
				of funds received from any other federal, state, or other programs to cover
				COVID-19 related costs, expenses, or activities.
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 1 - COMMUNITY FOUNDATIONS COVID-19 GRANT PROGRAM RULES AND REGULATIONS › Rule 6-2-1.5 - FUNDING TO ELIGIBLE GRANTEES

Current through June 25, 2024
In keeping with the requirements of the CARES Act and the
				  Community Foundations Act, Program funds may only be used to reimburse Eligible
				  Grantees for their actual Eligible Expenditures. For this reason, an Eligible
				  Grantee cannot receive funds in a lump sum distribution but can only receive
				  reimbursement based upon actual costs incurred by it. For this reason, the
				  Eligible Grantee must submit a Reimbursement Request, as set forth in Rule
				  1.4
				  F. to receive Program funds.
Senate Bill
				  2221, 2021 Regular Legislative Session; Senate Bill 3063, 2020 Regular
				  Legislative Session; House Bill 1782, 2020 Regular Legislative
				  Session.
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 1 - COMMUNITY FOUNDATIONS COVID-19 GRANT PROGRAM RULES AND REGULATIONS › Rule 6-2-1.6 - FUNDING DISTRIB UTIONS AND LIMITA TIONS

Current through June 25, 2024
A. Pursuant to the
				Community Foundations Act, Eligible Expenditures can continue to be reimbursed
				to Eligible Grantees until the Program expires on December 31, 2021 or until
				the Program funds are exhausted per the following appropriation limitations set
				for each category of Eligible Grantee:
1.
				Community Foundation Grants to Nonprofit Entities - For awards made before
				November 15, 2020, a Four Thousand Dollars ($4,000.00) maximum Grant per
				Nonprofit Entity. For awards made on or after November 15, 2020, a Twelve
				Thousand Dollars ($12,000.00) maximum Grant per Nonprofit Entity. However, no
				Nonprofit Entity can receive more than Twelve Thousand Dollars ($12,000.00) in
				aggregate for both periods. The total Program allocation per the Community
				Foundations Act is Four Million Dollars ($4,000,000.00).
2. Community Foundation Grants to Food
				Pantries - There is no maximum Grant per Food Pantry. The total Program
				allocation per the Community Foundations Act is Four Million Nine Hundred
				Thousand Dollars ($4,900,000.00).
3. North Mississippi Education Consortium
				Grants to Child Care Facilities - A total Program allocation of Three Million
				Nine Hundred Thousand Dollars ($3,900,000.00) with those funds to be
				distributed on an equitable basis among the Child Care Facilities of the entire
				State of Mississippi.
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 1 - COMMUNITY FOUNDATIONS COVID-19 GRANT PROGRAM RULES AND REGULATIONS › Rule 6-2-1.7 - PROCUREMENT AND ADMINISTRATIVE EXPENSE STANDARDS

Current through June 25, 2024
All CARES Act grant programs, including those established
				  under the Community Foundations Act, are subject to the federal financial
				  standards of the "Uniform Administrative Requirements, Cost Principles, and
				  Audit Requirements for Federal Awards" (2 C.F.R. Part 200). For this reason,
				  the Community Foundations and the North Mississippi Education Consortium must
				  adhere to those provisions, both in the awarding of grants and in the use of
				  the funds for their own administrative expenses, and must meet all compliance
				  requirements of those federal regulations through adequate record keeping and
				  documentation. Failure to do so may subject the entity to compliance findings,
				  demands for repayment of federal funds, and referrals to appropriate federal
				  and state authorities with jurisdiction to review such
				  matters.
Senate Bill
				  2221, 2021 Regular Legislative Session; Senate Bill 3063, 2020 Regular
				  Legislative Session; House Bill 1782, 2020 Regular Legislative
				  Session.
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 1 - COMMUNITY FOUNDATIONS COVID-19 GRANT PROGRAM RULES AND REGULATIONS › Rule 6-2-1.8 - REPORTING TO MDA

Current through June 25, 2024
The Community Foundations and the North Mississippi Education
				  Consortium will prepare monthly reports, due on the first day of the month, to
				  MDA, providing information and data on the number of Grants awarded, the names
				  of those Eligible Grantees, the amounts of Eligible Expenditures being
				  reimbursed to each Eligible Grantee, and the total amount of Program funds
				  remaining to be disbursed, along with any other information or data requested
				  by MDA.
Senate Bill
				  2221, 2021 Regular Legislative Session; Senate Bill 3063, 2020 Regular
				  Legislative Session; House Bill 1782, 2020 Regular Legislative
				  Session.
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 1 - COMMUNITY FOUNDATIONS COVID-19 GRANT PROGRAM RULES AND REGULATIONS › Rule 6-2-1.9 - COMPLIANCE DETERMINATION

Current through June 25, 2024
In the event that an interested applicant does not meet the
				  definition of "Eligible Grantee" contained in Rule
				  1.2 H.,
				  that status may be reviewed by MDA upon written request from the Community
				  Foundation or the Consortium. If MDA determines that it cannot resolve the
				  issue, it will assemble a panel consisting of one appointed representative of
				  the Mississippi Attorney General, the Mississippi Secretary of State, and MDA,
				  which shall review the matter and resolve it. Such review shall not be subject
				  to further review, appeal or judicial review.
Senate Bill
				  2221, 2021 Regular Legislative Session; Senate Bill 3063, 2020 Regular
				  Legislative Session; House Bill 1782, 2020 Regular Legislative
				  Session.
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 1 - COMMUNITY FOUNDATIONS COVID-19 GRANT PROGRAM RULES AND REGULATIONS › Rule 6-2-1.10 - APPEALS

Current through June 25, 2024
Should a Community Foundation or the Consortium desire to
				  appeal any decision made by MDA concerning this Program, including any award of
				  Program funds, it may do so by giving written notice within twenty (20)
				  calendar days of the date of the MDA notice of decision. Appeals must be
				  written and state with specificity the basis for the Applicant's disagreement
				  with the decision. Appeals are determined solely on the written record.
				  Furthermore, the appeal must provide copies of all documents, records, papers
				  or other information to support the appeal. In addition, all appeals must be
				  dated and provide information as to the authorized representative for the
				  appealing entity. To be accepted, the written appeal must be delivered by one
				  of two methods:
By United States Mail to the following address:
Mississippi Development Authority
Community Foundations Grant Program: Appeals
P.O. Box 849
Jackson, Mississippi 39205
Or by courier mail or hand delivery to the following:
Mississippi Development Authority
Community Foundations Grant Program: Appeals
501 North West Street
Jackson, Mississippi 39201
MDA will review the appeal and all supporting material to
				  determine if the appeal can be resolved based upon the submission and within
				  the Program requirements. If so, a final written determination of the appeal
				  will be issued by MDA. If the appeal cannot be resolved after the initial
				  review, MDA will forward the appeal for review by an Independent Hearing
				  Officer ("IHO"), to be designated by the Attorney General of Mississippi. MDA
				  will provide the IHO with the complete file, the appeal and all supporting
				  material, all program requirements and policies, an MDA explanation of the
				  case, and MDA's recommendation (if any). The IHO will review all of the written
				  materials and issue a written decision to MDA. MDA will review and make a final
				  written determination which will be issued by MDA within ten (10) days of the
				  receipt of the IHO's decision. All appeal determinations made by MDA are final
				  with no further administrative review and are not subject to judicial
				  review.
Program requirements established by MDA as dictated by
				  federal and state law may not be waived or abrogated.
Senate Bill
				  2221, 2021 Regular Legislative Session; Senate Bill 3063, 2020 Regular
				  Legislative Session; House Bill 1782, 2020 Regular Legislative
				  Session.
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 1 - COMMUNITY FOUNDATIONS COVID-19 GRANT PROGRAM RULES AND REGULATIONS › Rule 6-2-1.11 - FRAUD REFERRALS

Current through June 25, 2024
In cases in which fraud is suspected or where false or
				  materially misleading information or documentation has been provided by an
				  entity, a written referral will be made to the Office of the Mississippi State
				  Auditor, the Office of the United States Attorney, or other appropriate federal
				  or state agencies. MDA will cooperate fully in such investigations and provide
				  all information and documentation which it has received or gathered on the
				  matter.
Senate Bill
				  2221, 2021 Regular Legislative Session; Senate Bill 3063, 2020 Regular
				  Legislative Session; House Bill 1782, 2020 Regular Legislative
				  Session.
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 1 - COMMUNITY FOUNDATIONS COVID-19 GRANT PROGRAM RULES AND REGULATIONS › Rule 6-2-1.12 - WAIVER

Current through June 25, 2024
The Rules may be amended by MDA at any time and are further
				  subject to amendment pursuant to any change in the federal law providing for
				  the grant funds and the regulations and guidance implemented related thereto.
				  MDA, in its sole discretion, may temporarily waive any requirement of the Rules
				  to the extent that the result of such waiver promotes the public purpose of the
				  Community Foundations Act and is not prohibited by state or federal
				  law;
Senate Bill
				  2221, 2021 Regular Legislative Session; Senate Bill 3063, 2020 Regular
				  Legislative Session; House Bill 1782, 2020 Regular Legislative
				  Session.
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 1 - COMMUNITY FOUNDATIONS COVID-19 GRANT PROGRAM RULES AND REGULATIONS › Rule 6-2-1.13 - AVAILABILITY OF FUNDS

Current through June 25, 2024
This program is contingent upon the availability of funds as
				  appropriated by the Legislature and provided by the Federal
				  government.
Senate Bill
				  2221, 2021 Regular Legislative Session; Senate Bill 3063, 2020 Regular
				  Legislative Session; House Bill 1782, 2020 Regular Legislative
				  Session.
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 2 - Minority Enterprise Division Appeals Procedure › Rule 6-2-2.1 - Scope

Current through June 25, 2024
This procedure is the exclusive method for seeking
				  administrative review of adverse action taken by Minority Business Enterprise
				  Division, a division of the Mississippi Development
				  Authority.
Miss. Code Ann. §
										69-2-13(5)(Rev.
				  2005)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 2 - Minority Enterprise Division Appeals Procedure › Rule 6-2-2.2 - Appealable Actions

Current through June 25, 2024
An applicant/participant may appeal the following adverse
				  actions taken by MBED - a denial of program admission and/or a denial of
				  renewal of program admission. However, an adverse action is only appealable if
				  MBED's decision is based solely on a negative finding of social disadvantage,
				  economic disadvantage, ownership, control or any combination of these four
				  criteria. An adverse action that is based, even in part, on failure to meet any
				  other eligibility criterion is not appealable and is the final decision of the
				  agency.
Miss. Code Ann. §
										69-2-13(5)(Rev.
				  2005)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 2 - Minority Enterprise Division Appeals Procedure › Rule 6-2-2.3 - Notice

Current through June 25, 2024
The applicant/participant shall be advised in writing of the
				  grounds on which MBED based its action. The notice will be sent by certified
				  mail return receipt requested. The notice of action shall also include a
				  statement indicating that the applicant/participant has the right to request
				  reconsideration or if applicable, to appeal the action under the provisions of
				  Section 2 above.
Miss. Code Ann. §
										69-2-13(5)(Rev.
				  2005)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 2 - Minority Enterprise Division Appeals Procedure › Rule 6-2-2.4 - Request

Current through June 25, 2024
An applicant/participant may request reconsideration by MBED
				  of any adverse action regardless of whether the adverse action is appealable
				  under Section 2 above. Such request must be in writing to the Director of
				  Minority Business Enterprise Division, Mississippi Development Authority, P.O.
				  Box 849, Jackson, Mississippi 39205-0849. The Director of MBED must receive the
				  request for reconsideration within twenty (20) calendar days from the date the
				  Notice of Adverse Action was mailed. The request must specify the matter(s) to
				  be reconsidered and include any additional information the
				  applicant/participant wishes to be considered.
Miss. Code Ann. §
										69-2-13(5)(Rev.
				  2005)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 2 - Minority Enterprise Division Appeals Procedure › Rule 6-2-2.5 - Review

Current through June 25, 2024
Upon receipt of a request for reconsideration, MBED will
				  review the request and any information provided, conduct further inquiry if
				  necessary, including but not limited to an in-person discussion with the
				  applicant/participant, and submit its decision in writing, certified mail
				  return receipt requested, to the applicant/participant within fifteen (15)
				  days. A timely received request for reconsideration tolls the twenty (20) day
				  time period for appeal of an adverse action. Upon receipt of an adverse
				  reconsideration decision, the applicant/participant may submit a petition for
				  appeal if the decision is based on appealable matters pursuant to Section 2
				  above.
Miss. Code Ann. §
										69-2-13(5)(Rev.
				  2005)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 2 - Minority Enterprise Division Appeals Procedure › Rule 6-2-2.6 - Procedure for Petition for Appeal

Current through June 25, 2024
A. The
				applicant/participant petitioning for appeal, must file its petition in writing
				with the Director of Minority Business Enterprise Division, Mississippi
				Development Authority, P. O. Box 849, Jackson, Mississippi 39205-0849 not later
				than twenty (20) calendar days from the date the notice of adverse action was
				mailed; or within twenty (20) calendar days from the date the decision on a
				Request for Reconsideration under Section 4 above was mailed The petitioner
				must specify within its petition for appeal the grounds upon which
				administrative review of the decision is sought. The petition must clearly
				indicate the type of remedy requested and name the contact representative for
				the petitioner. A hearing shall be held only if the petitioner specifically
				requests a hearing in its petition for appeal. If no petition for review of an
				appealable adverse action is filed within the above stated time, the decision
				shall become final.
B. MBED shall
				acknowledge the receipt of the request for appeal within seven (7) calendar
				days of receipt. Such acknowledgement shall designate the review
				officer.
C. Filing of a petition
				for appeal shall not stay the effect of the MBED's adverse action.
Miss. Code Ann. §
										69-2-13(5)(Rev.
				  2005)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 2 - Minority Enterprise Division Appeals Procedure › Rule 6-2-2.7 - Review Officer

Current through June 25, 2024
The review officer shall be an independent and impartial
				  officer other than, and not accountable to, any person authorized to make
				  decisions that are subject to appeal under the provisions of this section. The
				  review officer may, however, be an employee of the MDA.
Miss. Code Ann. §
										69-2-13(5)(Rev.
				  2005)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 2 - Minority Enterprise Division Appeals Procedure › Rule 6-2-2.8 - Procedure for Hearing on Appeal

Current through June 25, 2024
A. The petitioner
				may refute the grounds on which MBED based its action in person and/or by
				written documentation submitted to the review officer. In order to be
				considered, all written documentation of the petitioner and MBED must be filed
				with the review officer with a copy to the opposite party not later than thirty
				(30) calendar days after the mailing of the acknowledgement of
				appeal.
B. The petitioner may
				retain legal counsel at its own expense. A hearing shall be held by the review
				officer in addition to, or in lieu of, a review of written information
				submitted by the petitioner only if so specified in the petition of appeal. The
				review officer shall set a hearing date which date shall not be later than
				thirty (30) calendar days from the date of mailing of the acknowledgement of
				appeal, unless the parties agree to a later date. Failure of the petitioner or
				its counsel to appear at a scheduled hearing shall constitute waiver of the
				hearing. A representative of MBED shall be allowed to attend the hearing to
				present evidence, respond to the petitioner's testimony and to answer questions
				posed by the review officer.
C. Any
				hearing shall be conducted in such a manner that all parties have a fair and
				reasonable opportunity to present witnesses and other evidence pertinent to the
				issues. In conducting the hearing, the review officer shall not be bound by
				common law or by statutory rules of evidence or by technical or formal rules of
				procedures, but may conduct the hearing in such a manner as best to ascertain
				the rights of the parties. However, hearsay evidence (if presented) shall not
				be the sole basis for the determination of facts by the review officer. The
				review officer may also ask questions to clarify issues, limit the examination
				or cross-examination of witnesses to keep the hearing focused on the issue, and
				recess/reconvene the hearing if necessary.
D. If any party to the appeal wishes to have
				stenographic notes of the proceedings, that party shall be solely responsible
				for payment of a court reporter for that service; the review officer shall, on
				request, engage a court reporter for this purpose. An audio tape recording
				shall be made of the proceedings and may be duplicated and/or transcribed at
				the expense of either party requesting it.
E. It shall be the responsibility of each
				party to secure the attendance of such witnesses as deemed necessary to present
				the case; any expense connected with that attendance shall be borne by the
				party responsible for the attendance of that witness. The review officer shall
				not have power to subpoena witnesses or documents.
Miss. Code Ann. §
										69-2-13(5)(Rev.
				  2005)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 2 - Minority Enterprise Division Appeals Procedure › Rule 6-2-2.9 - Recommendation

Current through June 25, 2024
After conducting de novo review of the materials submitted
				  by the parties and of the evidence taken at the hearing, if any, the review
				  officer shall make a written recommendation to the Executive Director of the
				  Mississippi Development Authority (MDA). The written recommendation will be
				  issued to the Executive Director within twenty days (20) after the hearing is
				  completed or, if no hearing is held, after submission of any written
				  documentation permitted by Section 7(a) above. The recommendation of the review
				  officer shall contain specific reason(s) why the denial or termination decision
				  should be upheld or overturned. A copy of the recommendation will be sent to
				  petitioner and to the Director of MBED by certified mail return receipt
				  requested.
Miss. Code Ann. §
										69-2-13(5)(Rev.
				  2005)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 2 - Minority Enterprise Division Appeals Procedure › Rule 6-2-2.10 - Executive Director Review

Current through June 25, 2024
A. After review
				solely on the record, the Executive Director may adopt the recommendation of
				the review officer or may issue a differing decision. The Executive Director
				will issue his decision within fifteen (15) calendar days of receipt of the
				recommendation of the review officer. A decision adopting the recommendation of
				the review officer need not contain any additional reasoning.
B. The decision of the Executive Director
				shall be sent by certified mail return receipt requested to the petitioner and
				to the Director of MBED. The decision of the Executive Director is
				final.
Miss. Code Ann. §
										69-2-13(5)(Rev.
				  2005)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 2 - Minority Enterprise Division Appeals Procedure › Rule 6-2-2.11 - Remand

Current through June 25, 2024
In the event an appealable adverse action is overturned as a
				  result of an appeal the Executive Director of MDA may direct, the disposition
				  to be made by MBED of the application, renewal or termination; or the
				  application may be remanded to MBED for further action consistent with the
				  decision of the Executive Director. MBED will indicate what steps, if any, must
				  be taken to complete or reinstate certification.
Miss. Code Ann. §
										69-2-13(5)(Rev.
				  2005)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 2 - Minority Enterprise Division Appeals Procedure › Rule 6-2-2.12 - Immunity

Current through June 25, 2024
Nothing in the appeal procedure shall be construed as a
				  waiver of the immunities from suit conferred upon the State of Mississippi,
				  MDA, or any of its employees, officers, agents or designees, under the Eleventh
				  Amendment of the United States Constitution and the Constitution and laws of
				  the State of Mississippi.
Miss. Code Ann. §
										69-2-13(5)(Rev.
				  2005)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.1 - MBE Overview

Current through June 25, 2024
The Mississippi Business Enterprise Loan Program,
				  administered by the Mississippi Development Authority, combines state and
				  private lending sources to assist new and existing minority business in gaining
				  access to needed capital in the form of direct low-interest rate loans. The
				  State of Mississippi amount ranges from $35,001 to $250,000 with the potential
				  of $500,000 with 50% match from another lending source or
				  entity.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.2 - Eligibility

Current through June 25, 2024
To be eligible for funding under the program, the Minority
				  Business Enterprise must be a socially and economically disadvantaged small
				  business concern. The business must be organized for profit, perform a
				  commercially useful function and be owned or controlled by one or more
				  minorities or women.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.3 - Definitions

Current through June 25, 2024
For purposes of this program, the term "socially and
				  economically disadvantaged small business concern" shall have the meaning
				  ascribed to such term under the Small Business Act (15 U.S.C.S., Section 637
				  (A)) and shall include all women. MBE Loan applicants, regardless of race or
				  gender, must be determined to be socially and economically disadvantaged due to
				  diminished capital and credit opportunities as compared to others in the same
				  business area that are not socially disadvantaged.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.4 - Ability to Repay

Current through June 25, 2024
All applicants must be credit worthy and demonstrate the
				  ability to repay the loan, must be in compliance with all state and federal
				  regulatory agencies, and must not be in default on any previous loans from the
				  state or federal government. No minority business will be eligible if it
				  is:
A. A charitable institution or
				nonprofit organization
B. A
				newspaper, magazine, radio, television broadcasting company or similar
				enterprise through which editorial opinions are expressed
C. Engaged in the business of lending,
				directly or indirectly
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.5 - Proper Use of Loan Proceeds

Current through June 25, 2024
MBE loan proceeds may be used to finance costs associated
				  with the creation or expansion of a minority business, including fixed assets,
				  working capital, start-up costs, rental payments, interest expense during
				  construction and professional fees related to the project.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.6 - Borrower Investment Requirement for a New Business

Current through June 25, 2024
When loan proceeds are used to start a new business or to
				  purchase an existing business, the total project cost is the amount required to
				  establish or acquire that business. The borrower must inject a minimum of five
				  percent (5%) equity into the project in the form, of cash of tangible assets
				  such as land, building or equipment.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.7 - Borrower Requirements to Expand an Existing Business

Current through June 25, 2024
When loan proceeds are used to expand an existing business,
				  the total project cost will be the total funds required to complete the
				  proposed expansion. Assets owned by the business prior the expansion are not to
				  be included in the project cost, unless it can be clearly documented that
				  assets acquired prior to the application were purchased as a part of the
				  expansion project. Existing business assets may be used as collateral for the
				  loan.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.8 - When Loans are Unavailable

Current through June 25, 2024
MBE loans are not available under the following
				  circumstances:
A. To pay off existing
				debts for consolidation purposes;
B. If the direct or indirect purpose or
				result would be to pay off creditors of applicants who are inadequately secured
				or in a position to sustain a loss;
C. If the assistance would, directly or
				indirectly, provide or replenish funds for payment, distribution, or as a loan
				to owners, partners, or stockholders of the Minority Business and would not
				change the ownership interest of the business (does not apply to ordinary
				compensation for services rendered in the course of business);
D. If the loan funds would provide or free
				funds for speculation in any kind of property;
E. If the assistance would finance the
				acquisition, construction, improvement or operation of real property which is
				to be held primarily for sale or investment, or;
F. If the assistance would finance
				vehicles.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.9 - Terms of MBE Loan(s)

Current through June 25, 2024
The maximum term of the MBE loan shall be seven (7) years
				  for working capital, ten (10) years for machinery and equipment, and fifteen
				  (15) years for land and building. If loan proceeds are to be used for a
				  combination of working capital, machinery and equipment, or land and building,
				  then a blended term may be used that is proportionate to the use of the funds
				  and to the collateral securing the loan.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.10 - Proper Use of MBE Loan Funds

Current through June 25, 2024
MBE loan funds may be used to fund fifty percent (50%) of
				  total project that consist of borrowed costs or $250,000, whichever is less.
				  The minimum total project eligible for consideration is $15,001. Any project
				  requests of $35,000 or less may be eligible for funding under the Minority
				  Micro-Loan Program as outlined below. A combination of state funds may be used
				  to finance project costs; however, the combination of these funds may not
				  exceed 50% of the total project that is borrowed.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.11 - Interest Rate on MBE Loan(s)

Current through June 25, 2024
The minimum interest rate, which may be charged to the
				  minority business on MDA's portion of the MBE loan, is two percent (2%) below
				  the Federal Reserve Discount Rate, and the maximum is two percent (2%) above
				  the discount rate. Should the interest rate change from the date of commitment
				  to the date of closing, the interest rate quoted in the commitment will
				  prevail.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.12 - Collateral on MBE Loan(s)

Current through June 25, 2024
Collateral on MBE loans made by the qualified entity should
				  normally be subordinated to the senior lender.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.13 - Fees on MBE Loan(s)

Current through June 25, 2024
The qualified entity may charge an origination fee of up to
				  1% on the first $250,000 loaned. Additional fees paid by the borrower in
				  connection with the closing of the MBE loan are limited to attorney fees and
				  other associated closing costs that may not exceed $750. These fees may be paid
				  from proceeds. Should extenuating circumstances cause fees to exceed these
				  stated amounts, written justification should be provided along with the
				  settlement sheet.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.14 - MBEM Overview

Current through June 25, 2024
The Mississippi Business Enterprise Micro-Loan Program
				  provides a funding source for businesses needing financing for small projects.
				  Loan amounts for projects range from $2,000 to $35,000 with an owner's equity
				  injection (i.e. cash, tangible equity such as land, building(s) or equipment)
				  of five percent (5%).
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.15 - Terms of MBEM Loan(s)

Current through June 25, 2024
The terms allowed are determined by the loan amount and
				  should relate to the type of collateral offered. Terms should not exceed three
				  (3) years for loans of $2,000 to $5,000, four (4) years for loans of $5,001 to
				  $10,000, five (5) years for loans of $10,001 to $15,000, and seven (7) years
				  for loans of $15,001 to $35,000.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.16 - Proper Use of MBE Micro-Loan Funds

Current through June 25, 2024
MBE Micro-Loan funds may be used to finance up to 100% of
				  total projects of $2,000 to $35,000. All borrowers must have at least 5% equity
				  in the project. These funds are not intended to be used as gap financing and
				  proceeds shall not be utilized with any other financing.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.17 - Interest Rate on MBE Micro-Loan(s)

Current through June 25, 2024
The interest rate to be charged is four percent (4%) over
				  the Federal Reserve Discount Rate, fixed for the term of the loan. Should the
				  interest rate change from the date of commitment to the date of closing, the
				  interest rate quoted in the commitment will prevail.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.18 - Collateral on MBE Mircro-Loan(s)

Current through June 25, 2024
Collateral shall include a first lien on all assets acquired
				  with loan proceeds. Collateral may also include liens on other business and/or
				  personal assets as deemed necessary to adequately secure the
				  loan.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.19 - Qualified Entity Involvement in Approval of MBE Mircro-Loans

Current through June 25, 2024
The qualified entity's Board of Directors may choose to
				  appoint an in-house loan committee comprised of staff members of the Qualified
				  Entity to approve micro-loan applications. MDA will require a copy of the board
				  minutes authorizing the in-house committee prior to the submission of loan
				  applications.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.20 - Fees on MBE Micro-Loan

Current through June 25, 2024
The qualified entity may charge an origination fee of up to
				  1% of the loan amount. At the option of the qualified entity, a minimum fee of
				  $100 may be established. Additional fees paid by the borrower in connection
				  with the closing of the MBE Micro-Loan are limited to attorney fees and other
				  associated closing costs. These fees may be paid from loan
				  proceeds.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.21 - Application Submission

Current through June 25, 2024
Applications may be submitted by mail or facsimile to MDA. A
				  credit report and a personal financial statement of each owner of the minority
				  business must accompany the application. All other documentation as indicated
				  on the application form shall be retained on file with the qualified
				  entity.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.22 - Application Requirements

Current through June 25, 2024
All qualified entities will provide applicants under this
				  program an application packet that includes the MBE loan application, a summary
				  of the loan program criteria, eligibility requirements, a summary of the
				  application process, loan closing procedures, and applicable fees. All MBE loan
				  requests shall be submitted to MDA on the approved Minority Business Enterprise
				  Loan Application. This application is intended to be completed by the qualified
				  entity with information provided by the applicant. The qualified entity's board
				  or designated loan committee shall first have approved all loans submitted to
				  MDA for consideration. At a minimum, the composition of the Board of Directors
				  shall include an individual with current banking experience, an individual
				  owning a for-profit, commercial enterprise, a minority individual with current
				  experience in banking or business ownership and a female with current banking
				  or business ownership experience.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.23 - Notification of Approval

Current through June 25, 2024
When an application has been approved, MDA will notify the
				  Qualified Entity in writing. Upon receiving MDAS approval, the qualified entity
				  may submit a request for payment form. MBE loan proceeds not disbursed by the
				  Qualified Entity within sixty (60) days of receipt must be returned unless an
				  extension is granted by MDA or be subject to interest
				  penalties.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.24 - Reporting Requirements

Current through June 25, 2024
Each qualified entity will be required to file status
				  reports with MDA as of December 31 and June 30 of each year summarizing project
				  information and fund uses. These reports are due on January 31 and July
				  30.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 3 - Minority Business Enterprise Loan (MBE) and Micro-Loan (MBEM) Programs › Rule 6-2-3.25 - Audits

Current through June 25, 2024
An independent audit of grant funds received in connection
				  with this program shall be submitted to MDA annually. This audit shall include
				  a reconciliation of all bank accounts where MBE funds are being held on
				  deposit.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)