reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 2 - Rule-Making Oral Proceedings › Rule 6-5-2.4 - Public Participation Guidelines

Current through June 25, 2024
Public participation shall be permitted at oral proceedings
				  in accordance with the following:
A.
				At an oral proceeding on a proposed rule, persons may make statements and
				present documentary and physical submissions concerning the proposed
				rule.
B. Persons wishing to make
				oral arguments at such a proceeding may notify the MDA at least three business
				days prior to the proceeding and indicate the general subject of their
				arguments. The presiding officer in his or her discretion may allow individuals
				to participate that have not contacted the MDA 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 comments when necessary to assure the
				orderly and expeditious conduct of the oral proceeding.
E. Persons making arguments are encouraged to
				avoid restating matters that have already been submitted in writing. Written
				materials may, however, be submitted at the oral proceeding.
G. Where time permits and to facilitate the
				exchange of information, the presiding officer may open the floor to questions
				or general discussion. The presiding officer may question participants and
				permit the questioning of participants by other participants about any matter
				relating to that rule-making proceeding, including any prior written
				submissions made by those participants in that proceeding. No participant shall
				be required to answer any question.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 2 - Rule-Making Oral Proceedings › Rule 6-5-2.5 - Submissions and Records

Current through June 25, 2024
Physical and Documentary Submissions presented by
				  participants in an oral proceeding shall be submitted to the presiding officer.
				  Such submissions become the property of the MDA, part of the rulemaking record,
				  and are subject to the MDA's public records request procedure. The MDA may
				  record oral proceedings by stenographic or electronic means.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006). Part 5 Chapter 3: Declaratory
				  Opinions
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 3 - Declaratory Opinions › Rule 6-5-3.1 - Model Rules

Current through June 25, 2024
This chapter consists of model rules addressing the public's
				  request for declaratory opinions and the MDA's disposition of requests for
				  declaratory opinions.
Miss. Code Ann. §
										25-43-2.103
				  (Rev. 2006).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 3 - Declaratory Opinions › Rule 6-5-3.2 - Application of Chapter

Current through June 25, 2024
This chapter sets forth the MDA's rules governing the form,
				  content, and filing of requests for declaratory opinions, the procedural rights
				  of persons in relation to the written requests, and the MDA's procedures
				  regarding the disposition of requests as required by Mississippi Code §
									25-43-2.103.
Miss. Code Ann. §
										25-43-2.103
				  (Rev. 2006).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 3 - Declaratory Opinions › Rule 6-5-3.3 - Scope of Declaratory Opinions

Current through June 25, 2024
The MDA will issue declaratory opinions regarding the
				  applicability to specified facts of:
A. a statute administered or enforceable by
				the MDA,
B. a rule promulgated by
				the MDA, or
C. an order issued by
				the MDA.
Miss. Code Ann. §
										25-43-2.103
				  (Rev. 2006).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 3 - Declaratory Opinions › Rule 6-5-3.4 - 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
				  (Rev. 2006).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 3 - Declaratory Opinions › Rule 6-5-3.5 - 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 the MDA.
C. Each
				request must include the full name, telephone numbers, and mailing address of
				the requestor(s).
D. All requests
				shall be signed by the person filing the request, unless represented by an
				attorney, in which case the attorney may sign the request.
E. Each request must clearly state that it is
				a request for a declaratory opinion.
Miss. Code Ann. §
										25-43-2.103
				  (Rev. 2006).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 3 - Declaratory Opinions › Rule 6-5-3.6 - 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
				  (Rev. 2006).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 3 - Declaratory Opinions › Rule 6-5-3.7 - Request Content Requirement

Current through June 25, 2024
Each request must contain the following:
A. A clear identification of the statute,
				rule, or order at issue;
B. The
				question for the declaratory opinion;
C. A clear and concise statement of all facts
				relevant to the question presented;
D. The identity of all other known persons
				involved in or impacted by the facts giving rise to the request including their
				relationship to the facts, and their name, mailing address, and telephone
				number; and
E. A statement
				sufficient to show that the requestor has a substantial interest in the subject
				matter of the request.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 3 - Declaratory Opinions › Rule 6-5-3.8 - Reasons for Refusal of Declaratory Opinion Request

Current through June 25, 2024
The MDA may, for good cause, refuse to issue a declaratory
				  opinion. The circumstances in which declaratory opinions will not be issued
				  include, but are not necessarily limited to:
A. The matter is outside the primary
				jurisdiction of the MDA;
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 become moot 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 request;
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 matter 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
				the MDA 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
				  (Rev. 2006).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 3 - Declaratory Opinions › Rule 6-5-3.9 - 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,
				  the MDA 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 the MDA.
Miss. Code Ann. §
										25-43-2.103
				  (Rev. 2006).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 3 - Declaratory Opinions › Rule 6-5-3.10 - Availability of Declaratory Opinions and Requests for Opinions

Current through June 25, 2024
MDA 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
				  (Rev. 2006).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 4 - Organization of the Mississippi Development Authority › Rule 6-5-4.1 - Chapter Content

Current through June 25, 2024
In accordance with Section
				  25-43-2.104(a)
				  of the Mississippi Administrative Procedures Act, this chapter describes the
				  Mississippi Development Authority's duties and responsibilities, the
				  organization of the Mississippi Development Authority's office, its methods of
				  operation, and how the public can contact the agency to make submissions or
				  requests.
Miss. Code Ann. §
										25-43-2.104
				  (Rev. 2006)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 4 - Organization of the Mississippi Development Authority › Rule 6-5-4.2 - Mississippi Development Authority's Organization

Current through June 25, 2024
The Mississippi Development Authority consists of an
				  executive director appointed by the Governor, with the advice and consent of
				  the Senate. The executive director shall be the executive officer of the
				  department in the execution of any and all provisions of this
				  chapter.
Miss. Code Ann. §
										57-1-5 (Rev.
				  2008).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 4 - Organization of the Mississippi Development Authority › Rule 6-5-4.3 - Executive Director Duties

Current through June 25, 2024
The executive director shall have the following powers and
				  duties:
A. To formulate the policy of
				the department regarding economic and tourist development of the
				State.
B. To use and expend any
				funds from the state, federal or private sources coming into the department for
				the purposes provided pursuant to statute.
C. To implement the duties assigned to the
				department and consistent with specific requirements of law, including but not
				limited to:
(i). Support services to include
				legal, finance, data processing, personnel, communications and advertising,
				purchasing and accounting;
(ii).
				Research and planning;
(iii).Outreach, agency liaison and community
				development;
(iv). Tourism,
				business travel and film;
(v).
				Programs and assistance for existing state business and industry;
(vi). Recruiting new business and industry
				into the state;
(vii). Fostering
				and promoting of entrepreneurship and the creation of new business in the
				state;
(viii). Programs aimed at
				competing effectively in the international economy;
(ix). Programs relating to the development of
				the ports;
(x). Such other areas as
				are within the authority and jurisdiction of the department and will promote
				and foster economic development;
(xi). Salaries of associate directors, deputy
				directors and bureau directors may be set by the executive director of the
				department.
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 4 - Organization of the Mississippi Development Authority › Rule 6-5-4.4 - Mississippi Development Authority Legislative Oversight Committee

Current through June 25, 2024
There is a Mississippi Development Authority Legislative
				  Oversight Committee charged to serve in an advisory capacity regarding matters
				  under the jurisdiction of the MDA. However, the Committee shall have no
				  jurisdiction or vote on any matter within the jurisdiction of the
				  MDA.
Miss. Code Ann. §
										57-1-10
				  (Rev. 2008).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 4 - Organization of the Mississippi Development Authority › Rule 6-5-4.5 - Advisory Council

Current through June 25, 2024
The Governor shall appoint an advisory counsel to the agency
				  consisting of twenty-five members, five from each congressional district. The
				  Governor shall serve as chairman of the council. The members shall serve in an
				  advisory capacity and serve without pay and compensation for
				  expenses.
Miss. Code Ann. §
										57-1-3
				  (Rev. 2008).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 4 - Organization of the Mississippi Development Authority › Rule 6-5-4.6 - Contact Information

Current through June 25, 2024
A current listing of contact information for the Mississippi
				  Development Authority may be found at
www.mississippi.org
or obtained by
				  calling (601)-359-3449.
Miss. Code Ann. §
										25-43-2.104
				  (Rev. 2006).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 5 - Rules and Regulations for Public Records Requests and Accessing Public Documents › Rule 6-5-5.1 - Authority and Purpose

Current through June 25, 2024
These Rules and Regulations are adopted in compliance with
				  the Mississippi Public Records Act of 1983, Miss. Code Ann. §
									25-61-1 thru 25-61-19, and the
				  Mississippi Ethics Commission's Model for Public Records Rules. All records and
				  portions of records not exempt from disclosure will be made available in
				  accordance with the procedures outlined below.
"It is the policy of the Legislature that public records must
				  be available for inspection by any person unless otherwise provided by this
				  act. Furthermore, providing access to public records is a duty of each public
				  body and automation of public records must not erode the right of access to
				  those records." Section
				  25-61-1, Miss. Code of
				  1972.
"All public records are hereby declared to be public
				  property, and any person shall have the right to inspect, copy or mechanically
				  reproduce or obtain a reproduction of any public record of a public body in
				  accordance with reasonable written procedures adopted by the public body
				  concerning the cost, time, place and method of access, and public notice of the
				  procedures shall be given by the public body." Section
				  25-61-5, Miss. Code of
				  1972.
The Act defines "public record" to include "all books,
				  records, papers, accounts, letters, maps, photographs, films, cards, tapes,
				  recordings or reproductions thereof, and any other documentary materials,
				  regardless of physical form or characteristics, having been used, being in use,
				  or prepared, possessed or retained for us in the conduct, transaction or
				  performance of any business, transaction, work, duty or function of any public
				  body, or required to be maintained by any public body." Section
				  25-61-3(b).
The purpose of these rules is to establish the procedures the
				  MDA will follow in order to provide full access to public records. These rules
				  provide information to persons wishing to request access to public records of
				  the MDA and establish processes for both requesters and the MDA staff that are
				  designed to best assist members of the public in obtaining such access.
The purpose of the Act is to provide the public full access
				  to public records concerning the conduct of government. The Act and these rules
				  will be interpreted in favor of disclosure. In carrying out its
				  responsibilities under the Act, the MDA will be guided by the provisions of the
				  Act describing its purposes and interpretation.
Miss Code
				  Ann. §§
										25-61-1,
				  25-61-5,
				  25-61-3(b)
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 5 - Rules and Regulations for Public Records Requests and Accessing Public Documents › Rule 6-5-5.2 - About the MDA

Current through June 25, 2024
The Mississippi Development Authority is composed of the
				  Business Incentives, Business Recruitment and Expansion, Business Research and
				  Workforce Development, Community and Rural Development, Community Incentives,
				  Energy and Natural Resources, Entrepreneur Center, International Trade,
				  Minority and Small Business Development and Tourism divisions.
Location: 501 North West Street, Suite 1500, Jackson,
				  MS 39201
How to File a Request
Any person wishing to request access to public records of the
				  MDA or seeking assistance in making such a request should contact the MDA
				  public records officer. All requests to examine, copy or obtain public records
				  from the MDA must be in writing and delivered to the MDA via mail or in person.
				  The request should provide as much detail as possible about the records being
				  requested, include the preferred format (paper copy, flash drive, electronic or
				  inspection) and must include the name, address, and contact information of the
				  requester, including email address and phone number. Requests should be sent
				  to:
Mississippi Development Authority
P.O. Box 849
Jackson, MS 39205
501 N. West Street, Suite 1500
Jackson, MS 39201
This information is also available on the MDA web
							 site at
www.mississippi.org
.
The public records officer will oversee compliance with the
				  Act, but another MDA staff member may process the request. Therefore, these
				  rules will refer to the public records officer "or designee." The public
				  records officer or designee and the MDA will provide the "fullest assistance"
				  to requester; ensure that public records are protected from damage or
				  disorganization; and prevent fulfilling public records requests from causing
				  excessive interference with essential functions of the MDA.
Miss Code
				  Ann. §
										25-61-5
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 5 - Rules and Regulations for Public Records Requests and Accessing Public Documents › Rule 6-5-5.3 - Availability of Public Records

Current through June 25, 2024
(a)
Hours for inspection of
				records
. Public records are available for inspection and copying during
				normal business hours of the MDA, Monday through Friday, 8:00 a.m. to 5:00
				p.m., excluding legal holidays. Records must be inspected at the office of the
				MDA. The time, place and manner of inspection and copying of records will not
				be allowed to interfere with other essential duties of the MDA.
(b)
Organization of records.
The
				MDA will maintain its records in a reasonably organized manner, subject to the
				rules of record retention. The MDA will take reasonable actions to protect
				records from damage and disorganization. A requester shall not take the MDA
				records from the MDA offices. A variety of records are available on the MDA web
				site at
www.mississippi.org
and
				at
www.transparency.ms.gov
Requesters are encouraged to view the documents available on the web site prior
				to submitting a records request.
(c)
Making a request for public
				records.
Any person wishing to inspect or copy public records of the MDA
				should mail or hand deliver a hard copy of the request with the following
				information included:
1. Name of
				requester
2. Address of
				requester
3. Other contact
				information, including telephone number and any e-mail address
4. Identification of the public records
				adequate to locate the records
5.
				The date and time of day of the request
If the requester wishes to have copies of the records made
				  instead of simply inspecting them, he or she should so indicate and make
				  arrangements to pay for copies of the records or a deposit. Pursuant to Rule
				  1.8. Costs of Providing Public Records
				  of this policy, standard 8 ½" X 11" photocopies will be provided at $.25
				  a page. (See No. 5.8 Costs of Providing Public Records for additional costs and
				  charges).
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 5 - Rules and Regulations for Public Records Requests and Accessing Public Documents › Rule 6-5-5.4 - Processing of public records requests- General

Current through June 25, 2024
(a)
Providing access.
The MDA
				acknowledges that "providing access to public records is a duty" and that "any
				person shall have the right to inspect, copy or mechanically reproduce or
				obtain a reproduction of any public record" in accordance with these policies.
				Sections 25-61-1, 61-5
The MDA will process requests in the order allowing the most
				  requests to be processed in the most efficient manner.
(b)
Acknowledging receipt of
				request.
Within seven (7) business days of receipt of the request, the
				public records officer will do one or more of the following:
1. Make the records available for inspection
				or copying;
2. If copies are
				requested and payment of a deposit for the copies, if any, is made or terms of
				payment are agreed upon, send the copies to the requester;
3. Provide a reasonable estimate of when the
				records will be available; or
4. If
				the request is unclear or does not sufficiently identify the requested records,
				request clarification from the requester. Such clarification may be requested
				and provided by telephone. The public records officer or designee may revise
				the estimate of when records will be available; or
5. Deny the request.
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 5 - Rules and Regulations for Public Records Requests and Accessing Public Documents › Rule 6-5-5.5 - Processing of public records requests - Electronic records

Current through June 25, 2024
(a)
Requesting electronic
				records.
The process for requesting electronic public records is the
				same as for requesting paper public records.
(b)
Providing electronic
				records.
When a requester requests records in an electronic format, the
				public records officer will provide the nonexempt records or portions of such
				records that are reasonably locatable in an electronic format that is used by
				the public body and is generally commercially available, or in a format that is
				reasonably translatable from the format in which the public body keeps the
				record. Costs for providing electronic records are governed by Rule
				1.8.
Customized access to data bases.
With the
				  consent of the requester, the MDA may provide customized access if the record
				  is not reasonably locatable or not reasonably translatable into the format
				  requested. The MDA may charge the actual cost for such customized
				  access.
Miss Code
				  Ann. §§
										25-61-3,
				  -61-5
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 5 - Rules and Regulations for Public Records Requests and Accessing Public Documents › Rule 6-5-5.6 - Exemptions

Current through June 25, 2024
The Public Records Act, as well as other statutes and court
				  decisions, provide that a number of types of records are exempt from public
				  inspection and copying. In addition, other statutes or rules of law, such as
				  various privacy restrictions, may prohibit disclosure. Requesters should be
				  aware of the following exemptions, outside the Public Records Act, that
				  restrict the availability of some records held by MDA for inspection and
				  copying:
(a) Academic records exempt
				from public access, see §
									37-11-51.
(b) Appraisal records exempt from access, see
				§
									31-1-27.
(c) Archaeological records exempt from public
				access, see §
									39-7-41.
(d) Attorney work product, examination,
				exemption, see §
									25-1-102.
(e) Birth Defects Registry, see §
									41-21-205.
(f) Bureau of vital statistics, access to
				records, see §
									41-57-2.
(g) Charitable organizations, registration
				information, exemption from public access, see §
									79-11-527.
(h) Concealed pistols or revolvers, licenses
				to carry, records, exemption, see §
									45-9-101.
(i) Confidentiality, ambulatory surgical
				facilities, see §
									41-75-19.
(j) Defendants likely to flee or physically
				harm themselves or others, see § 41- 32-7.
(k) Environmental self-evaluation reports,
				public records act, exemption, see §
									49-2-71.
(l) Hospital records, Mississippi Public
				Records Act exemption, see §
									41-9-68.
(m) Individual tax records in possession of
				public body, exemption from public access requirements, see §
									27-3-77.
(n) Insurance and insurance companies,
				risk-based capital level requirements, reports, see §
									83-5-415.
(o) Judicial records, public access,
				exemption, see §
									9-1-38.
(p) Jury records exempt from public records
				provisions, see §
									13-5-97.
(q) Licensure application and examination
				records. exemption from Public Records Act, see §
									73-52-1.
(r) Medical examiner, records and reports,
				see §
									41-61-63.
(s) Personnel files exempt from examination,
				see §
									25-1-100.
(t) Public records and trade secrets,
				proprietary commercial and financial information, exemption from public access,
				see §
									79-23-1; §
									25-61-9
(u) Workers' compensation, access to records,
				see §
									71-3-66.
(v) Records subject to privilege, such as
				Attorney/Client, Physician/Patient, etc.
(w) Economic Development, see §
									57-1-14.
Miss Code
				  Ann. §
										25-61-11, Miss. Code Ann. §
										57-1-1
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 5 - Rules and Regulations for Public Records Requests and Accessing Public Documents › Rule 6-5-5.7 - Third Party Information

Current through June 25, 2024
Upon request to inspect or copy any document so designated,
				  the MDA shall notify the person who filed the document. Twenty-one (21) days
				  after such notice, the document will be made available for public inspection or
				  copying unless the filer shall have obtained a court order protecting such
				  records as confidential pursuant to Section
				  25-61-9, Miss. Code Ann. of
				  1972.
Any person filing documents with the MDA shall, prior to
				  filing, redact from the documents any social security numbers, account numbers
				  or dates of birth not required to be listed. The MDA shall determine on a
				  case-by-case basis whether similar information may be redacted by the filer to
				  prevent identity theft. In no event will the MDA bear any responsibility for a
				  filer's failure to redact such information which leads to or may lead to
				  identity theft or other crime or loss.
Miss Code
				  Ann. §
										25-61-9
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 5 - Rules and Regulations for Public Records Requests and Accessing Public Documents › Rule 6-5-5.9 - Review of denials of public records

Current through June 25, 2024
(a)
Petition for internal
				administrative review of denial of access.
Any person who objects to the
				initial denial or partial denial of a records request may petition in writing
				to the public records officer for a review of that decision. The petition must
				include a copy of or reasonably identify the written statement by the public
				records officer or designee denying the request.
(b)
Consideration of petition for
				review.
The public records officer must promptly provide the petition
				and any other relevant information to the Executive Director of MDA or his or
				her designee. For immediate consideration of the petition and either
				affirmation or reversal of the denial within two (2) business days following
				the MDA's receipt of the petition, or within such other time as the MDA and the
				requester mutually agree to.
(c)
Opinion by the Ethics Commission.
Pursuant to Section
				25-61-13, if the MDA denies a
				requester access to public records, the requester may ask the Ethics Commission
				to review the matter. The Ethics Commission has adopted rules on such requests.
				They may be found at
www.ethics.state.ms.us
.
(d)
Judicial review.
Any person
				whose request for public records was denied may institute a suit in the
				Chancery Court of Hinds County, seeking to reverse the denial, as set forth in
				Section 25- 61-13.
Miss Code
				  Ann. §
										25-61-13
Mississippi Administrative Code › Title 6 - Economic Development › Part 5 - Policies, Procedures and Organization › Chapter 5 - Rules and Regulations for Public Records Requests and Accessing Public Documents › Rule 6-5-5.10 - Public Information via the Internet

Current through June 25, 2024
Information may be on MDA's website at
www.missisisppi.org
. In
				  addition, information on the state budget, expenditures, travel, contracts,
				  leases, workforce and grants may be available free of charge at
				  transparency.ms.gov.
Contact Information:
Mississippi Development Authority
Public Records Officer
P.O. Box 849
Jackson, Mississippi 39205
501 N. West Street, Suite 1500
Jackson, MS 39201
(601) 359-3449
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.1 - Program Objective

Current through June 25, 2024
The Mississippi Site Development Grant Program assists
				  public or private non-profit economic development organizations or local
				  governments (Local Partners) in developing available green field sites for
				  industrial development. Matching grants of up to $50,000 for
Ready
				  Site
or $250,000 for
Premier Site
are available for
				  approved applications. MDA will fund Site applications from across the
				  state.
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.2 - Ready Site

Current through June 25, 2024
A
Ready Site
is defined as a property that
				  satisfactorily meets the minimum criteria for a competitive, marketable site
				  and is ready for a project within an expedited timeframe. Ready Sites are
				  classified as sites with a minimum of 20 highly-developable acres, that are
				  site-work ready within six (6) months and can have utilities on site in twelve
				  (12) months; rail-served sites are preferred.
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.3 - Premier Site

Current through June 25, 2024
A
Premier Site
is defined as a property
				  that meets the desired development criteria of its potential market(s) and has
				  additional differentiating or distinguishing site location attributes (e.g.
				  high demand locations, intermodal and/or port access, large-scale "mega"
				  development acreage, significant utility infrastructure, etc.). Premier Sites
				  are classified as having a minimum of 200 acres with a labor force able to
				  attract the intended market (workforce study required); rail-served sites are
				  preferred.
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.4 - Application Requirements

Current through June 25, 2024
Activities to be funded under the Mississippi Site
				  Development Grant Program should be consistent with the recruitment strategy
				  and industrial park development plan for the benefitting site. Local Partners
				  (county, municipality and public or private nonprofit economic development
				  entities including, but not limited to, local authorities, commissions, or
				  other entities created by local and private legislation) are eligible to apply.
				  Applicants are advised to carefully review the required checklist located on
				  page three of the application form before submitting a grant application. The
				  checklist must be signed and included in the application.
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.5 - Statutory Requirements

Current through June 25, 2024
State statute (Senate Bill 3033 Regular Session 2017)
				  requires that Mississippi Site Development Grant Program funds be expended on
				  industrial property owned or associated with property that is publicly
				  owned.
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.6 - Eligible Expenditures

Current through June 25, 2024
Eligible expenditures as stated in statute are:
A. Architectural fees
B. Design and engineering fees
C. Environmental
				studies/assessments
D. Attorney
				fees
E. Fees for consultants or
				agents that MDA determines necessary to complete site diligence
F. Geotechnical and/or resistivity testing
G. Clearing/grading
H. Environmental mitigation or purchase of
				mitigation credits
I. Drainage
				system improvements
J. Right of way
				and easement acquisition
K. Utility
				system expansions and/or distribution
L. Transportation directly effecting site
				(roads, bridges or rail)
M.
				Bulkheads
N. Land
				reclamation
O. Industrial park
				"getaway" signage and/or aesthetic improvements
P. On-site demolition (old houses, barns,
				etc.) subject to cultural review
Q.
				Site development improvements as approved by MDA
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.7 - Expenses Incurred after July 1, 2017

Current through June 25, 2024
Eligible expenses incurred after July 1, 2017 may be
				  included.
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.8 - Ready Site Grant Program Process and Selection Criteria

Current through June 25, 2024
This program will support sites that are attempting to meet
				  minimum criteria required for
Ready Sites.
A. MDA will provide grants to Local Partners
				on a reimbursable basis so that they may perform due diligence/site development
				improvements to meet the minimum requirements.
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.9 - Funding Guidelines for Ready Site Grant Program

Current through June 25, 2024
A.
				These funds must match funds from other sources and will not be the primary
				funding vehicle.
B. The maximum
				grant will be $50,000 or 50% of the total cost of all the due diligence/site
				development improvements required, whichever is less.
C. In-kind services will be valued as part of
				the required match if they are directly related to the costs of due
				diligence/site development requirements.
D. MDA will only fund elements of due
				diligence/site development improvements if there are funds secured or pledged
				to finish all minimum criteria required. For example, MDA will not fund a Phase
				I environmental site assessment if there are no resources available to
				undertake a wetlands delineation, a cultural resources assessment, etc., if
				needed.
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.10 - Premier Site Grant Program Process and Selection Criteria

Current through June 25, 2024
Funds will be used to support the development of sites in
				  areas of high demand or with other attributes that make them particularly
				  differentiated and competitive. MDA will invest more in these sites and, as a
				  result, will take measured steps to ensure a higher likelihood of a return on
				  investment when making funding decisions, as compared to the
Ready
				  Site
program.
A. MDA will
				only consider approving grant funds in support of sites that have been
				identified by a site location consultant as meeting the criteria of a Premier
				Site.
B. MDA will provide grants to
				Local Partners on a reimbursable basis so that they may perform due
				diligence/site development improvements and afford other allowable expenses
				required to address the needs identified by the consultant.
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.11 - Funding Guidelines for Premier Site Grant Program

Current through June 25, 2024
C.
				MDA funds must match funds from other sources (excluding other grants
				administered by MDA) and will not be the primary funding vehicle.
(i) The maximum grant will be $250,000 or 50%
				of the total cost of all the due diligence/site development improvements
				required, whichever is less.
(ii)
				In-kind services will be valued as part of the required match if they are
				directly related to the costs of due diligence/site development
				improvements.
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.12 - Application Review

Current through June 25, 2024
Each application will be reviewed objectively and solely on
				  the merits of the proposed site enhancement and its potential for improving
				  industrial recruitment efforts. No applicant is guaranteed funding if basic
				  qualifying criteria are met. The merit of each application will be reviewed in
				  both an individual and comparative context with other applications under
				  consideration AFTER the basic qualifying criteria are met. All grant recipients
				  will be notified in writing of the decision.
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.13 - Project Completion Time

Current through June 25, 2024
Projects not completed within twelve (12) months that show
				  evidence of progress as determined by the MDA Grants Review Committee will be
				  considered for funding. Projects with no tangible progress may be rejected for
				  funding and can be submitted for consideration in the future. MDA reserves the
				  right to negotiate the scope and budget as part of the application review, the
				  results of which may impact the level of funding participation, if any.
				  Incomplete applications will be returned.
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.14 - Applying Organization Responsibilities

Current through June 25, 2024
Applying organization(s) will be accountable for all monies
				  awarded and responsible for submission and tracking of all research, expenses
				  and measurement of project results. Eligible and applicable costs will be
				  reimbursed after submission and approval of the applicant's final report, which
				  must be submitted to the MDA within 60 days of the projects approved, estimated
				  completion date. Funding will be available
only
after project
				  completion.
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.15 - Changes in Project Scope

Current through June 25, 2024
If a project's scope changes during the development stages,
				  the grant recipient must write to the MDA Existing Industry and Business
				  Division for approval. The letter must state the project name, grant fund
				  number, requested change, reasons for wanting to change, and any alterations in
				  cost. Project changes will be submitted to the MDA Grants Review Committee for
				  consideration.
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.16 - Changes in Project Costs

Current through June 25, 2024
If the total cost of the completed project is less than the
				  provided estimate, the organization will be awarded the designated percentage
				  (50%) of the lesser amount. If the completed project cost is higher than the
				  approved project cost, the organization will receive only the amount listed in
				  the grant award notification letter.
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.17 - Project Completion Requirements

Current through June 25, 2024
All projects receiving a grant must adhere to the following
				  rules before request for payment can be processed and payment can be
				  made:
A. The application packet must
				include a copy of the application with attachments and a copy of the signed
				Required Attachments checklist.
B.
				The applicant must sign and return the letter of confirmation and Tax ID form
				within 15 working days after notification of grant approval or the project may
				not be approved for funding.
C. The
				applicant must have a current W-9 form with a Federal Tax ID Number on file at
				MDA.
D. The applicant must return a
				complete final report to the MDA Existing Industry and Business Division no
				later than 60 days from the approved completion date or the project may not be
				approved for funding.
E. The
				applicant must list the project name (as listed on the grant application form)
				and the grant fund number (as listed in the award letter) in all correspondence
				regarding an approved project.
F. A
				copy of vendor invoices and a copy of proof of payment to vendors must be
				provided with all invoices submitted to MDA with request for payment. (Examples
				of proof of payment include: canceled checks, bank statements, vendor receipts,
				etc.)
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 6 - Economic Development Division › Chapter 1 - Mississippi Site Development Grant Program › Rule 6-6-1.18 - Funding Dispersal

Current through June 25, 2024
Funding will not be disbursed until the final report is
				  submitted, accepted and approved by MDA. According to MDA's Accounting
				  Division, reimbursement payments will be made by direct deposit if your
				  organization has previously completed documentation for this process.
				  Otherwise, you will receive a check upon approval.
Senate Bill 3033
				  Regular Session 2017
Mississippi Administrative Code › Title 6 - Economic Development › Part 8 - Administrative Review Procedure for Regulations Governing Seismic Exploration on State Owned Marine Waters and Regulations Governing Leasing for Production or Extraction of Oil, Gas and Other Minerals from State-Owned Marine Waters › Chapter 1 - Purpose and Procedure › Rule 6-8-1.1 - Purpose

Current through June 25, 2024
This procedure is the exclusive method for seeking
				  administrative review of an action taken by the Mineral Leasing Division, a
				  division of the Mississippi Major Economic Impact Authority
				  (MMEIA).
Miss. Code Ann.
				  §§
										29-7-19;
				  29-7-21 (Rev. 2010).