reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 01 - General Provisions and Definitions › Section 3-4-01-102 - Definitions and Terms Used in This Regulation

Current through June 25, 2024
The words defined in this section shall have the meaning set
				  forth below, as prescribed by the Act, whenever they appear in these rules,
				  unless the context in which they are used clearly requires a different meaning;
				  or a different definition is prescribed for a particular chapter or provision.
a. "Telephonic sales call" means a
				call made by a telephone solicitor to a consumer for the purpose of soliciting
				a sale of any consumer goods or services, or for the purpose of soliciting an
				extension of credit for consumer goods or services, or for the purpose of
				obtaining information or an extension of credit for these purposes.
b. "Consumer goods or services" means any
				real property or any tangible or intangible personal property which is normally
				used for personal, family or household purposes, including, without limitation,
				any property intended to be attached to or installed in any real property
				regardless of whether it is attached or installed, as well as cemetery lots and
				time-share estates, and any services related to the property.
c. "Unsolicited telephonic sales call" means
				a telephonic sales call other than a call made:
(i) In response to an express request of the
				person called;
(ii) In connection
				with an existing debt or contract, payment or performance which has not been
				completed at the time of the call; or
(iii) To any person with whom the telephone
				solicitor has an established business relationship.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 01 - General Provisions and Definitions › Section 3-4-01-103 - Application Form for Certificate of Registration

Current through June 25, 2024
a. The
				telephone solicitor shall utilize the application form prescribed by the Office
				of the Attorney General as hereby adopted and incorporated herein by reference.
				All applications for a certificate of registration shall be submitted on forms
				authorized by the Office of the Attorney General.
b. All information requested in such forms is
				essential and must be furnished.
c.
				All forms and documentation furnished to the Office of the Attorney General
				become part of the records of this office and are not returnable.
d. All papers, forms, or information required
				to be filed with the Office of the Attorney General may be filed through the
				mail or in person.
e. The date on
				which the complete application, including papers, forms, or other documents, is
				actually received by the Office of the Attorney General shall be considered the
				date of filing.
f. Application
				packets, consisting of the application form, a copy of these rules, are
				available by calling (601) 359-4230; writing the Consumer Protection Division
				at 802 N. State Street, P.O. Box 22947, Jackson, MS 39225-2947; or by
				downloading from the Attorney General's website at
www.ago.state.ms
.
				us/divisions/105.01.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 02 - Regulating Unsolicited Residential Sales Calls › Section 3-4-02-200 - Scope

Current through June 25, 2024
These rules implement the provisions of the Act and
				  establish regulations, procedures, and requirements for any "telephone
				  solicitor", as defined in Section 102, doing business in the State of
				  Mississippi. To promote the general welfare of the public and preserve the
				  integrity of the telemarketing industry, the Attorney General has been vested
				  with the authority to regulate businesses engaged in making residential
				  unsolicited telephonic sales calls.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 02 - Regulating Unsolicited Residential Sales Calls › Section 3-4-02-201 - Authorization to Issue Rules and Regulations

Current through June 25, 2024
a. The Attorney
				General is authorized to issue any necessary rules and regulations in order to
				carry out the provisions of this Act.
b. If any one or more of these rules is found
				to be invalid by any court of competent jurisdiction, such finding shall not
				affect the validity of any other of these rules.
c. If there is any variance between these
				rules and the statutes regulating to unsolicited residential telephonic sales
				calls, the statutes shall govern.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 02 - Regulating Unsolicited Residential Sales Calls › Section 3-4-02-202 - Enforcement Authority

Current through June 25, 2024
a. The Attorney
				General shall investigate any complaints received concerning violations of the
				Act.
b. If, after investigating any
				complaint, the Attorney General finds that there has been a violation the Act,
				the Attorney General may bring an action to impose a civil penalty and to seek
				other relief, including injunctive relief, as the court deems appropriate
				against the telephone solicitor.
c.
				The civil penalty shall not exceed Ten Thousand Dollars ($10,000.00) per
				violation and shall be deposited in the State General Fund,
				unallocated.
d. This civil penalty
				may be recovered in any action brought under the Act by the Attorney
				General.
e. The Attorney General
				may terminate any investigation or action upon agreement by the person to pay a
				stipulated civil penalty.
f. The
				Attorney General or the court may waive any civil penalty if the person has
				previously made full restitution or reimbursement or has paid actual damages to
				the consumers who have been injured by the violation.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 02 - Regulating Unsolicited Residential Sales Calls › Section 3-4-02-203 - Award of Attorney's Fees and Costs

Current through June 25, 2024
a. In any civil
				litigation resulting from a transaction involving a violation of the Act, the
				prevailing party, after judgment in the trial court and exhaustion of all
				appeals, if any, shall receive his reasonable attorney's fees and costs from
				the nonprevailing party.
b. The
				attorney for the prevailing party shall submit a sworn affidavit of his time
				spent on the case and his costs incurred for all the motions, hearings, and
				appeals to the trial judge who presided over the civil case.
c. The trial judge shall award the prevailing
				party the sum of reasonable costs incurred in the action plus a reasonable
				legal fee for the hours actually spent on the case as sworn to in an
				affidavit.
d. Any award of
				attorney's fees or costs shall become a part of the judgment and subject to
				execution as the law allows.
e. In
				any civil litigation initiated by the Attorney General, the court may award to
				the prevailing party reasonable attorney's fees and costs if the court finds
				that there was a complete absence of a justiciable issue of either law or fact
				raised by the losing party, or if the court finds bad faith on the part of the
				losing party.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 03 - Conduct Of Telephone Solicitors › Section 3-4-03-300 - Conduct of Telephone Solicitors

Current through June 25, 2024
Any telephone solicitor who makes an unsolicited telephonic
				  sales call to a residential telephone number shall:
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 03 - Conduct Of Telephone Solicitors › Section 3-4-03-301 - Surety Bond Required

Current through June 25, 2024
An applicant for a certificate of registration shall provide
				  to the Attorney General an original surety bond, issued by a corporate surety
				  licensed to do business, and authorized to transact insurance in Mississippi.
a. A surety bond in the penal sum of
				Seventy-five Thousand Dollars ($75,000.00) with conditions and in a form
				prescribed by the Attorney General shall accompany the application for a
				certificate of registration.
b. The
				bond shall provide for the indemnification of any person suffering loss as the
				result of any fraud, misrepresentation or violation of Sections
				77-3-601
				through
				77-3-619
				by the principal.
c. The term of
				the bond shall be continuous, but it shall be subject to cancellation by the
				surety in the manner described in this rule.
d. The surety may terminate the bond upon
				giving a sixty-day written notice to the principal and to the Attorney General,
				but the liability of the surety for acts of the principal and its agents shall
				continue during the sixty (60) days of cancellation notice.
e. The notice does not absolve the surety
				from liability which accrues before the cancellation becomes final but which is
				discovered after that date and which may have arisen at any time during the
				term of the bond.
f. Unless the bond
				is replaced by that of another surety before the expiration of the sixty (60)
				days' notice of cancellation, the certificate of registration shall be
				suspended.
g. Any person required
				pursuant to the Act to file a bond with an application for a certificate of
				registration may file, in lieu thereof, cash, a certificate of deposit, or
				government bonds in the amount of Seventy-five Thousand Dollars
				($75,000.00).
h. Such deposit is
				subject to the same terms and conditions as are provided for in the surety bond
				required herein. Any interest or earnings on such deposits are payable to the
				depositor.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 03 - Conduct Of Telephone Solicitors › Section 3-4-03-302 - In Lieu of Surety Bond

Current through June 25, 2024
a. Any person
				required by the Act to file a bond with an application for a certificate of
				registration may file, in lieu thereof, cash, a certificate of deposit, or
				government bonds in the amount of Seventy-five Thousand Dollars
				($75,000).
b. Such deposit is
				subject to the same terms and conditions as are provided for in the surety bond
				required herein. Any interest or earnings on such deposits are payable to the
				depositor.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 03 - Conduct Of Telephone Solicitors › Section 3-4-03-303 - Telephonic Sales Call Contracts

Current through June 25, 2024
A contract made pursuant to a telephonic sales call is not
				  valid and enforceable against a consumer unless made in compliance with §
									77-3-607(2)-(5)
				  of the Act.
A contract made pursuant to a telephonic sales call shall:
(i) Be reduced to writing and signed
				by the consumer.
(ii) Comply with
				all other applicable laws and rules
(iii) Match the description of goods or
				services as principally used in the telephone solicitations,
(iv) Contain the name, address, and telephone
				number of the seller, the total price of the contract and a detailed
				description of the goods or services being sold,
(v) Contain, in bold, conspicuous type,
				immediately preceding the signature, the following statement:
"YOU ARE NOT OBLIGATED TO PAY ANY MONEY UNLESS YOU
				  SIGN THIS CONTRACT AND RETURN IT TO THE SELLER."
(vi) Include in its terms any oral or written
				representations made by the telephone solicitor to the consumer in connection
				with the transaction.
(vii) The
				provisions of this section do not apply to contractual sales regulated under
				other sections of the Mississippi statutes and to contractual sales of
				companies which provide telecommunication services and reach binding agreements
				by telephone for these services.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 03 - Conduct Of Telephone Solicitors › Section 3-4-03-304 - Consumer's Credit Card Account

Current through June 25, 2024
A merchant who engages a telephone solicitor to make or
				  cause to be made a telephonic sales call shall not make or submit any charge to
				  the consumer's credit card account until after the merchant receives from the
				  consumer a copy of the contract which complies with this section.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 03 - Conduct Of Telephone Solicitors › Section 3-4-03-305 - Transactions Not Effected

Current through June 25, 2024
The provisions of this section do not apply to a
				  transaction:
a. Made in accordance
				with prior negotiations in the course of a visit by the consumer to a merchant
				operating a retail business establishment which has a fixed permanent location
				and where consumer goods are displayed or offered for sale on a continuing
				basis;
b. In which the consumer may
				obtain a full refund for the return of undamaged and unused goods or a
				cancellation of services notice to the seller within seven (7) days after
				receipt by the consumer, and the seller will process the refund within thirty
				(30) days after receipt of the returned merchandise by the consumer;
c. In which the consumer purchases goods or
				services after an examination of a television, radio, or print advertisement or
				a sample, brochure, or catalog of the merchant that contains the name, address
				and telephone number of the merchant; a description of the goods or services
				being sold; and any limitations or restrictions that apply to the offer; or
d. In which the merchant is a bona
				fide charitable organization ruled tax-exempt by the Internal Revenue
				Service.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 03 - Conduct Of Telephone Solicitors › Section 3-4-03-306 - Telecommunications Companies to Inform Customers of Provisions of Law

Current through June 25, 2024
Telecommunications companies shall inform their customers of
				  the provisions of the Act. The notification may be made by (a) Annual inserts
				  in the billing statements mailed to customers; and (b) Conspicuous publication
				  of the notice in the consumer information pages of the local telephone
				  directories.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 03 - Conduct Of Telephone Solicitors › Section 3-4-03-307 - Exempt Parties and Transactions

Current through June 25, 2024
The provisions of the Act
shall
				  not
apply to:
a. A
				person engaging in commercial telephone solicitation where the solicitation is
				an isolated transaction and not done in the course of a pattern of repeated
				transactions of like nature.
b. A
				person making calls for religious, charitable, political, education or other
				noncommercial purposes, or a person soliciting for a nonprofit corporation if
				that corporation is properly registered as such with the Secretary of State and
				is included within the exemption of Section 501(c)(3) or Section 501(c)(6) of
				the Internal Revenue Code.
c. A
				person soliciting:
(i) Without the intent to
				complete or obtain provisional acceptance of a sale during the telephone
				solicitation;
(ii) Who does not
				make the major sales presentation during the telephone solicitation;
				or
(iii) Without the intent to
				complete, and who does not complete, the sales presentation during the
				telephone solicitation, but who completes the sales presentation at a later
				face-to-face meeting between the seller and the prospective purchaser. However,
				if a seller, directly following a telephone solicitation, causes an individual
				whose primary purpose it is to go to the prospective purchaser to collect the
				payment or deliver any item purchased, this exemption does not
				apply.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 03 - Conduct Of Telephone Solicitors › Section 3-4-03-308 - Burden of Proving Exemption

Current through June 25, 2024
In any civil proceeding alleging a violation of the Act, the
				  burden of proving an exemption or an exemption from a definition is upon the
				  person claiming it.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 5 - Victims of Human Trafficking and Commercial Sexual Exploitation Program › Chapter 01 - Victims of Human Trafficking and Commercial Sexual Exploitation Fund › Section 3-5-01-100 - Purpose

Current through June 25, 2024
The Office of the Attorney General is authorized to establish
				  a program to fund victim service providers that offer shelter, counseling,
				  medical needs, transitional housing and other related services to victims of
				  human trafficking and commercial sexual exploitation at no charge to the
				  victim. The program shall be funded from monies in the "Victims of Human
				  Trafficking and Commercial Sexual Exploitation Fund." [Miss. Code Ann. §
									97-3-54.10]
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 5 - Victims of Human Trafficking and Commercial Sexual Exploitation Program › Chapter 01 - Victims of Human Trafficking and Commercial Sexual Exploitation Fund › Section 3-5-01-101 - Legal Authority

Current through June 25, 2024
There is created in the State Treasury a special fund to be
				  known as the "Victims of Human Trafficking and Commercial Sexual Exploitation
				  Fund. [Miss. Code Ann. § 97-354.11(1)] The monies in the fund shall be
				  distributed by the Office of the Attorney General, upon appropriation by the
				  Legislature, to fund and assist human trafficking shelters, commercial sexual
				  exploitation shelters and victim service providers under the provisions of
				  Sections 97-354.10 through 97-3-54.13. [Miss. Code Ann. §
									97-3-54.11(2)]
The Office of the Attorney General shall have the authority
				  to promulgate the administrative rules that are necessary and proper to further
				  carry out the purposes of Sections
				  97-3-54.10 through
				  97-3-54.13. [Miss. Code Ann.
				  §
									97-3-54.10]
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 5 - Victims of Human Trafficking and Commercial Sexual Exploitation Program › Chapter 01 - Victims of Human Trafficking and Commercial Sexual Exploitation Fund › Section 3-5-01-102 - Sources of Funding

Current through June 25, 2024
The Victims of Human Trafficking and Commercial Sexual
				  Exploitation Fund ("Fund") is administered and regulated by the Office of the
				  Attorney General and shall consist of:
(a) Monies appropriated by the
				Legislature;
(b) The interest
				accruing to the fund;
(c) Monies
				received under the provisions of Miss. Code Ann. §
									99-19-75;
(d) Monies received from the federal
				government;
(e) Donations to the
				fund;
(f) Assessments collected
				pursuant to Miss. Code Ann. §
									83-39-31;
(g) All other monies received by the state
				from every source for the support of shelters for victims of human trafficking
				and commercial sexual exploitation; and
(h) Monies received from such other sources
				as may be provided by law.
House Bill 1559 (2020
				  Legislative Session); Miss. Code Ann. Section
				  43-26-3(2)
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 5 - Victims of Human Trafficking and Commercial Sexual Exploitation Program › Chapter 01 - Victims of Human Trafficking and Commercial Sexual Exploitation Fund › Section 3-5-01-103 - Administrative Expenses of Fund

Current through June 25, 2024
Not more than ten percent (10%) of the monies from the Fund
				  may be used for administrative expenses and other expenses related to carrying
				  out the provisions of Miss. Code Ann. §
									97-3-54.10 through §
									97-3-54.13; however, the total
				  amount used for administrative and related expenses during a state fiscal year
				  shall not exceed One Hundred Thousand Dollars ($100,000.00).
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 5 - Victims of Human Trafficking and Commercial Sexual Exploitation Program › Chapter 01 - Victims of Human Trafficking and Commercial Sexual Exploitation Fund › Section 3-5-01-104 - Annual Financial Reporting for Fund

Current through June 25, 2024
By January 5 of each year, the Office of the Attorney General
				  shall provide an itemized financial report to the Legislature and State Auditor
				  of all expenditures, statistical data regarding services it has provided, and a
				  report of all service activity with geographical description.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 5 - Victims of Human Trafficking and Commercial Sexual Exploitation Program › Chapter 01 - Victims of Human Trafficking and Commercial Sexual Exploitation Fund › Section 3-5-01-105 - Victims of Human Trafficking and Commercial Sexual Exploitation Fund Committee

Current through June 25, 2024
The Office of the Attorney General shall convene a committee
				  ("Fund Committee") to develop a strategic plan to coordinate the state's
				  response to victims of human trafficking and commercial sexual exploitation, to
				  include the administration and disbursement of funds for the support and
				  assistance of service providers for victims of human trafficking and commercial
				  sexual exploitation in the state of Mississippi.
The term of Fund Committee members shall be two (2) years.
				  The Fund Committee shall consist of seven (7) members, who shall be appointed
				  as follows:
(a) One (1) person to be
				appointed by the Governor;
(b) One
				(1) person to be appointed by the Lieutenant Governor;
(c) One (1) person to be appointed by the
				Speaker of the House;
(d) One (1)
				person to be appointed by the Attorney General;
(e) One (1) person to be appointed by the
				Commissioner of the Department of Public Safety;
(f) One (1) person to be appointed by the
				board of a victim services provider; and
(g) One (1) person to be appointed by the
				Commissioner of the Department of Child Protection Services.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 5 - Victims of Human Trafficking and Commercial Sexual Exploitation Program › Chapter 01 - Victims of Human Trafficking and Commercial Sexual Exploitation Fund › Section 3-5-01-106 - Eligibility for Shelter Providers

Current through June 25, 2024
To qualify for funds under the program, a human trafficking
				  shelter and/or commercial sexual exploitation shelter provider must meet each
				  of the following minimum requirements:
(a) Be incorporated in the state of
				Mississippi or recognized by the Mississippi Secretary of State as a private or
				public nonprofit corporation operating within the state of Mississippi. Such
				corporation must have a board of directors and/or an advisory committee that
				represents the racial, ethnic and socio-economic diversity of the area to be
				served, including, if possible, at least one (1) person who is or has been a
				victim of human trafficking and commercial sexual exploitation; and
(b) Have designed and developed a program to
				provide the following services in Mississippi to victims of human trafficking
				and commercial sexual exploitation and their children, if applicable:
(i) Shelter on a twenty-four (24) hours a
				day, seven (7) days a week basis;
(ii) A twenty-four (24) hours a day, seven
				(7) days a week crisis line to provide counseling, emergency response or
				suicide watch;
(iii) Temporary
				housing and food facilities;
(iv)
				Referral services to existing services in the community and procedures to
				follow-up on the outcome of the referrals, including, but not limited to,
				referrals for medical care, legal assistance and alcohol and drug
				treatment;
(v) Information
				regarding reeducation, trauma-informed therapy, job counseling and training
				programs, work force training, housing referrals and other available social
				services;
(vi) A Mississippi
				licensed therapist available on a twenty-four (24) hours a day basis;
(vii) Provide victim-centered,
				trauma-informed and culturally and linguistically appropriate care;
(viii) Utilize evidence-based
				interventions;
(ix) Perform
				background checks and maintain copies of such for each employee and
				volunteer;
(x) Ensure adequate
				safety and security for staff and clients;
(xi) Require mandatory training for staff and
				volunteers;
(xii) Adhere to ethical
				and professional standards;
(xii)
				Require employees and volunteers to maintain confidentiality of any information
				that would identify individuals served by the shelter;
(xiv) Shall not discriminate in its
				admissions or provision of services on the basis of race, religion, color, age,
				disability, marital status, national origin or ancestry;
(xv) Collaborate with other nongovernmental
				and governmental agencies; and
(xvi) Maintain any required licensure and
				certification of staff and facility as required by the Department of Mental
				Health, the Department of Health, the Department of Child Protection Services
				or any other regulatory body of the State of Mississippi.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 5 - Victims of Human Trafficking and Commercial Sexual Exploitation Program › Chapter 01 - Victims of Human Trafficking and Commercial Sexual Exploitation Fund › Section 3-5-01-107 - Eligibility for Non-Shelter Providers

Current through June 25, 2024
To qualify for funds under the program, a non-shelter human
				  trafficking and/or commercial sexual exploitation victim service provider must
				  meet each of the following minimum requirements:
(a) Be incorporated and operating in the
				state of Mississippi or recognized by the Mississippi Secretary of State as a
				private or public nonprofit corporation. Such corporation must have a board of
				directors and/or an advisory committee that represents the racial, ethnic and
				socio-economic diversity of the area to be served, including, if possible, at
				least one (1) person who is or has been a victim of human trafficking and
				commercial sexual exploitation; and
(b) Have designed and developed a program to
				provide the following services in Mississippi to victims of human trafficking
				and commercial sexual exploitation and their children, if applicable:
(i) Certified counseling and/or other
				emotional support services;
(ii)
				Referral service to existing services in the community and procedure to
				follow-up on the outcome of the referrals, including, but not limited to,
				referrals for medical care, legal assistance and alcohol and drug
				treatment;
(iii) Information
				regarding reeducation, trauma-informed therapy, job counseling and training
				programs, work force training, housing referrals and other available social
				services;
(iv) A Mississippi
				licensed therapist available on staff;
(v) Provide victim-centered, trauma-informed
				and culturally and linguistically appropriate care;
(vi) Utilize evidence-based
				interventions;
(vii) Perform
				background checks and maintain copies of such for each employee and
				volunteer;
(viii) Ensure adequate
				safety and security for staff and clients;
(ix) Require mandatory training for staff and
				volunteers;
(x) Adhere to ethical
				and professional standards;
(xi)
				Require employees and volunteers to maintain confidentiality of any information
				that would identify individuals served by the provider;
(xii) Shall not discriminate in its provision
				of services on the basis of race, religion, color, age, disability, marital
				status, national origin or ancestry;
(xiii) Collaborate with other nongovernmental
				and governmental agencies; and
(xiv) Maintain any required licensure and
				certification of staff and facility as required by the Department of Mental
				Health, the Department of Health, the Department of Child Protection Services
				or any other regulatory body of the State of Mississippi.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 5 - Victims of Human Trafficking and Commercial Sexual Exploitation Program › Chapter 01 - Victims of Human Trafficking and Commercial Sexual Exploitation Fund › Section 3-5-01-108 - Requests for Funding Applications

Current through June 25, 2024
The Fund Committee shall determine the minimum balance
				  threshold for the Fund before publishing any Requests for Funding Applications.
				  Once the minimum balance is accrued in the Fund, the Attorney General's Office
				  will publish a Request for Funding Applications and an application period will
				  be announced. Once the application period closes, applications will no longer
				  be accepted for that particular award period. Requests for Funding Applications
				  will be published no more than once per fiscal year.
All Requests for Funding Applications must be submitted to
				  the Mississippi Attorney General's Office electronically at the following email
				  address: HumanTraffickingFund@ago.ms.gov.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 5 - Victims of Human Trafficking and Commercial Sexual Exploitation Program › Chapter 01 - Victims of Human Trafficking and Commercial Sexual Exploitation Fund › Section 3-5-01-109 - Application Review Process

Current through June 25, 2024
The Fund Committee shall appoint a three (3) person panel to
				  review all applications for funding. The panel shall consist of three (3)
				  persons not currently serving on the Fund Committee. A board member or employee
				  of a service provider applicant may not serve on the judging panel for that
				  application period.
The 3-person panel shall consider the following, at a
				  minimum, when judging applications for funding:
(a) The geographic area of service;
(b) The types of services provided;
(c) The population of those served;
(d) The length of time the provider has
				served victims of human trafficking and commercial sexual exploitation;
				and
(e) The current trends and
				needs identified for human trafficking and commercial sexual exploitation
				victims in the area served.
It is the intention of the Fund Committee that funding be
				  distributed equitably to qualified shelters and service providers throughout
				  the state.
Awards shall not be granted for any victim service for which
				  application may be made to the Mississippi Crime Victims Compensation Fund,
				  including but not limited to, supplies for sexual assault clinics. Miss. Code
				  Ann. § 99-44-1,
et seq
.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 5 - Victims of Human Trafficking and Commercial Sexual Exploitation Program › Chapter 01 - Victims of Human Trafficking and Commercial Sexual Exploitation Fund › Section 3-5-01-110 - Awardee Reporting Requirements and Performance Measures

Current through June 25, 2024
Each awardee shall be responsible for collecting certain data
				  and submitting performance measure data to the Attorney General's Office
				  periodically, no less than twice per fiscal year. The specific reporting
				  requirements for each award shall be set by the Fund Committee and clearly
				  disclosed in each request for funding application.
Awardees may be required to include a certain percentage
				  match, whether cash or inkind. The match requirement and amount, if required,
				  shall be determined by the Fund Committee and clearly stated in each Request
				  for Funding Application.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 5 - Victims of Human Trafficking and Commercial Sexual Exploitation Program › Chapter 01 - Victims of Human Trafficking and Commercial Sexual Exploitation Fund › Section 3-5-01-111 - Confidentiality of Victim Communications

Current through June 25, 2024
Any employee, contractor, volunteer or agent of a human
				  trafficking shelter, commercial sexual exploitation shelter or victim services
				  provider receiving funds under this program, or of any other entity in
				  possession of information which would tend to identify a victim of human
				  trafficking and/or commercial sexual exploitation, shall comply with any and
				  all confidentiality requirements and may be held liable as provided in Miss.
				  Code Ann. §
									93-21-125.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 5 - Victims of Human Trafficking and Commercial Sexual Exploitation Program › Chapter 01 - Victims of Human Trafficking and Commercial Sexual Exploitation Fund › Section 3-5-01-112 - Confidentiality of Street Address of Shelter

Current through June 25, 2024
A resident, employee, contractor, volunteer or agent of a
				  human trafficking shelter, commercial sexual exploitation shelter or victim
				  services provider receiving funds under this program shall not be required to
				  disclose the street address or physical location of the shelter to any public
				  or private agency in a request for funding application. In all cases where the
				  provision of a physical address is required, a post office box address for the
				  human trafficking and commercial sexual exploitation shelter shall be deemed
				  sufficient.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 5 - Victims of Human Trafficking and Commercial Sexual Exploitation Program › Chapter 01 - Victims of Human Trafficking and Commercial Sexual Exploitation Fund › Section 3-5-01-113 - Additional Eligibility Requirements

Current through June 25, 2024
The Fund Committee, in its discretion, may establish further
				  funding requirements for victim service providers, in addition to the minimum
				  requirements set forth above.
House Bill
				  1559 (2020 Legislative Session); Miss. Code Ann. Sections
				  97-3-54.10 -
				  973-54.13.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 5 - Victims of Human Trafficking and Commercial Sexual Exploitation Program › Chapter 02 - Emergency Assessment Team Victim Advocates › Section 3-5-02-200 - Certification Requirements for Emergency Assessment Team Victim Advocates

Current through June 25, 2024
(a) An emergency assessment team shall be
				created for any child suspected to be a victim of human trafficking and
				commercial sexual exploitation. Pursuant to Miss. Code Ann. §43-263(2),
				"the team shall include, at a minimum:
(a) an
				investigator certified by the Mississippi Human Trafficking Operational Task
				Force Board,
(b) an investigator
				from the Department of Child Protection Services, and
(c) a person certified by the office of the
				Attorney General as an advocate for victims of human trafficking and commercial
				sexual exploitation."
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 5 - Victims of Human Trafficking and Commercial Sexual Exploitation Program › Chapter 02 - Emergency Assessment Team Victim Advocates › Section 3-5-02-201 - List of Certified Advocates

Current through June 25, 2024
The Office of the Attorney General shall keep a list of all
				  Certified Advocates for emergency assessment teams and may take such actions as
				  necessary to recruit additional advocates when the number of Certified
				  Advocates is low or lacking in certain geographic coverage.
House Bill
				  1559 (2020 Legislative Session); Miss. Code Ann. Section
				  43-26-3(2)
Mississippi Administrative Code › Title 4 - Auditor › Part 1 - Organizational Rules › Chapter 1 - Regulation Regarding Organization and Method of Operation Including Public Access to Information › Rule 4-1-1.1 - Authority

Current through June 25, 2024
This regulation is adopted as a rule to conform to the
				  requirements of Section
				  25-43-2.104
				  of the Mississippi Code of 1972, Annotated as amended, regarding agency
				  organization, method of operation, and where/how the public may obtain
				  information.
Miss. Code Ann. §
										25-43-2.104
				  (Rev. 2006).
Mississippi Administrative Code › Title 4 - Auditor › Part 1 - Organizational Rules › Chapter 1 - Regulation Regarding Organization and Method of Operation Including Public Access to Information › Rule 4-1-1.2 - Authority of the Office of the State Auditor

Current through June 25, 2024
The Mississippi Constitution in Section 134 creates the
				  Office of the State Auditor whose specific powers derive from the Mississippi
				  Code of 1972, as amended, including Section
				  7-7-211
				  which grants specific duties and powers related to prescribing systems of
				  accounting, budgeting, and financial reporting for public offices in
				  Mississippi. It also enumerates other statutory responsibilities including
				  study and analysis of existing public managerial policies and practices;
				  pre-audit and post-audit functions; investigation of suspected fiscal
				  violations; recovering misspent and stolen funds; and a variety of related
				  duties and responsibilities.
(a)
				Organizational Structure.
The organizational structure of the Office of the State
				  Auditor consists of the Auditor's Executive Support Staff and eight
				  divisions.
The Auditor's Executive Support Staff assists in directing
				  and supervising Office activities involving one or more the eight divisions.
				  The Director of the Department of Audit coordinates and oversees this function,
				  acting on behalf of the State Auditor when needed.
The Office of the State Auditor is housed in three (3)
				  locations. The central office is in Jackson with satellite offices in
				  Ellisville and Grenada.
Miss. Const. art. IV,
				  § 134 ; Miss. Code Ann. §
										§ 7 - 7 - 203, 7 - 7 -
				  211.
Mississippi Administrative Code › Title 4 - Auditor › Part 1 - Organizational Rules › Chapter 1 - Regulation Regarding Organization and Method of Operation Including Public Access to Information › Rule 4-1-1.3 - Divisional Responsibilities

Current through June 25, 2024
(a) The duties of
				the
Administrative Services Division
include: responsibility for
				all personnel matters; processing of invoices, travel vouchers and purchase
				orders, as well as all activities related to procurement of equipment and
				supplies; billing of entities for services rendered; preparing and
				administering the agency's annual budget.
(b) The
Financial and Compliance Audit
				Division
, the largest division in the agency, is divided into five
				sections: Education Audit Section, State Agency Audit Section, County Audit
				Section, Electronic Data Processing (EDP) Audit Section and Report Processing
				Section. This division is responsible for conducting and overseeing audits of
				public entities.
(c) The
Average Daily Attendance Division
is responsible for monitoring
				school district compliance with the student information system requirements
				developed by the Mississippi Department of Education. In addition, it conducts
				public school fixed asset audits.
(d) The
Information Technologies
				Division
is responsible for in-house design and installation of
				information systems. Its primary duty is to provide intra-agency technical
				support and training access related to the agency's information management
				activities.
(e) The
Investigative Division
is responsible for the investigation of
				alleged or suspected violations of Mississippi law, including fraud and
				embezzlement, by public officials related to the purchase, sale or use of any
				supplies, services, equipment or other public property.
(f) The
Performance Audit
				Division
conducts programmatic and performance audits and reviews to
				evaluate selected operations of government, making recommendations aimed at
				enhancing efficiency, effectiveness and economy in government.
(j) The
Property Division
is
				responsible for maintaining a master inventory of fixed assets for state
				agencies and universities. It also conducts fixed asset audits for these public
				entities and for county governments as well.
(h) The
Technical Assistance
				Division
is responsible for providing accounting and compliance
				assistance to state and local governments. It also conducts related training
				and is responsible for the design of uniform accounting systems for local
				governments.
Miss. Code Ann.
				  §§
										7-7-203,
				  7-7-211.
Mississippi Administrative Code › Title 4 - Auditor › Part 1 - Organizational Rules › Chapter 1 - Regulation Regarding Organization and Method of Operation Including Public Access to Information › Rule 4-1-1.4 - Public Access Information

Current through June 25, 2024
The Office of the State Auditor may be contacted to
				  participate in formal and informal proceedings and related rule-making matters
				  by mail, e-mail, or telephone, or in person during regular business hours
				  utilizing the following contact information:
State Auditor
Office of the State Auditor
Suite 801, Woolfolk State Office Building
Post Office Box 956
Jackson, MS 39201
Phone: (601) 576-2800
Website:
www.osa.state.ms.us
Miss. Code Ann.
				  §§
										25-43-2.104
				  to
				  25-43-2.105,
				  7-7-202,
				  7-7-211.
Mississippi Administrative Code › Title 4 - Auditor › Part 1 - Organizational Rules › Chapter 2 - Administrative Procedure Regulating the Adoption, Amendment, or Repeal of Agency Rules › Rule 4-1-2.1 - Authority

Current through June 25, 2024
This administrative procedure is adopted in accordance with
				  the requirements of Section
				  25-43-1.101
				  et seq. of the Mississippi Code of 1972, as amended.
Miss. Code Ann. §
										25-43-1.101,
				  et seq.
Mississippi Administrative Code › Title 4 - Auditor › Part 1 - Organizational Rules › Chapter 2 - Administrative Procedure Regulating the Adoption, Amendment, or Repeal of Agency Rules › Rule 4-1-2.2 - Notice of Proposed Rule Action

Current through June 25, 2024
The Office of the State Auditor, as required by Section
				  25-43-1.101
				  of the Mississippi Code of 1972, prior to the adoption, amendment or repeal
				  (rule action) of any rule that implements, interprets or prescribes law or
				  policy or describes the organization and its procedures and/or practices, shall
				  give at least twenty-five (25) days' notice of its intended action. This notice
				  shall include:
(a) the docket number of
				the proposed rule action;
(b) a
				description of the subjects and issues involved in the rule action;
(c) and a description of how interested
				persons may present their views.
The notice shall be filed by the Office of the State Auditor
				  (OSA) with the Secretary of State's Office and mailed by OSA to all persons who
				  have made timely request for advance notice of its rule action
				  proceedings.
Miss. Code Ann.
				  §§
										25-43-1.101,
				  25-43-3.103.
Mississippi Administrative Code › Title 4 - Auditor › Part 1 - Organizational Rules › Chapter 2 - Administrative Procedure Regulating the Adoption, Amendment, or Repeal of Agency Rules › Rule 4-1-2.3 - Emergency Rule Procedure

Current through June 25, 2024
. Should the State Auditor determine that an emergency exists
				  because of an imminent threat to the public, he or she may thereby invoke rule
				  actions with fewer than twenty-five (25) days' notice. In any such instances,
				  the Office of the State Auditor must state in writing its reasons for doing so.
				  It may abbreviate or eliminate the rule action notice for a period of not
				  longer than one hundred and twenty (120) days renewable one time for not more
				  than ninety (90) days. After this time, the normal notice procedure would once
				  again apply.
Miss. Code Ann. §
										25-43-3.108.
Mississippi Administrative Code › Title 4 - Auditor › Part 1 - Organizational Rules › Chapter 2 - Administrative Procedure Regulating the Adoption, Amendment, or Repeal of Agency Rules › Rule 4-1-2.4 - Public Participation

Current through June 25, 2024
Within the twenty-five (25) day notice period, any
				  interested person may submit written data, views, arguments, or other comments
				  for consideration by the Office of the State Auditor prior to adoption of any
				  policy or procedure. Any written comment should refer to the docket number
				  appearing in the heading of the rule action notice and should be addressed to
				  the Office of the State Auditor. The State Auditor may choose to extend the
				  time period for submission of comments.
Miss. Code Ann. §
										25-43-3.104.