Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 2 - Administration › Rule 30-2901-2.1 - Open Records

Current through June 25, 2024
The following regulation is enacted for the purpose of
				  providing reasonable written procedures concerning the cost, time, place, and
				  method of access, under the provisions of the Mississippi Public Record Act of
				  1983 (Open Records Act). It is not intended that these procedures shall apply
				  to any public record or other document, which is exempt from the provisions of
				  said Act or not covered by the provisions of the Open Records Act.
(a). Any individual seeking to inspect, copy
				or mechanically reproduce or obtain a reproduction of any public record of the
				board should make a written request, signed by themselves to be mailed to the
				Executive Director, Mississippi State Board of Optometry, Post Office Box
				12370, Jackson, MS 39236.
(b). The
				written request must be typed or clearly hand printed on a letter size piece of
				paper and shall specify in detail the public record sought. The request should
				include, if possible, a description of the type of record, dates, title of a
				publication, and other information which may aid in locating the
				record.
(c). The written request
				must specify what the applicant proposes to do with the record, i.e., inspect,
				copy, etc. state the date and time for the proposed activity; state the number
				of persons scheduled to participate; and shall provide the name, address, and
				home and office telephone number of the applicant.
(d). The Executive Director, upon receipt of
				any such request, shall review same and determine whether the records sought
				are exempt under the Mississippi Public Records Act, and shall either produce
				records or access to records or deny access to or production of the records
				sought within seven (7) working days from the date of the receipt of the
				request for the production of the record. If the Board is unable to produce a
				public record by the seventh working day after the request is made, the Board
				will provide a written explanation to the person making the request stating
				that the record requested will be produced and specifying with particularity
				why the records cannot be produced within the seven-day period. Unless there is
				a mutual agreement of the parties, in no event shall the date for the Board's
				production of the request records be any later than fourteen (14) working days
				from the receipt of the original request.
(e). All inspection, copying or mechanical
				reproduction shall be done in the offices of the Board or such other reasonable
				place within the State of Mississippi as may be designated by the Board. It
				shall be the duty of the applicant to contact the Executive Director by phone
				before noon of the first working day preceding the proposed date set out in the
				application to determine if same is acceptable and, if not, what date and/or
				time will be substituted.
(f).
				Where possible, nonexempt material will be separated from exempt material and
				only the exempt material will be withheld.
(g). If the Executive Director determines
				that the records requested are exempt or privileged under the law, she shall
				deny the request and shall send the person making the request a statement of
				the specific exemption relied upon by the Board for the denial. Such denials
				shall be kept on file for inspection by any person for three (3) years. This
				file shall be made available for inspection or copying or both during regular
				office hours to any person upon written request.
(h). The Executive Director is authorized to
				calculate the estimated cost of searching, obtaining from storage, reviewing,
				shipping and/or duplicating records and to require payment in advance of such
				estimated charges prior to complying with the request. There shall be a charge
				of $0.50 per page for each copy. Copies printed on both sides (front &
				back) shall be considered as two pages for copy charge purposes. Mailing cost
				shall be calculated at the applicable rate for each such mailing. If request
				involves notice to be given to a third party, the cost of mailing such notice
				via certified mail return receipt requested shall be charged to the person
				requesting such public records. In the event the actual cost of such activity
				exceeds the estimate, the Executive Director is authorized to withhold mailing
				or delivery of said documents or to delay the inspection until the difference
				is paid.
(i). There shall be no
				charge for inspection of the current Board's records maintained at the Board
				office. Cost of obtaining records from any state storage facilities and the
				search for it shall be charged to the applicant.
(j). The Executive Director may waive any or
				all of the foregoing requirements related to written notice, time, and method
				of access prepayment of expenses whenever the determination is made that such
				waiver would be in the public interest.
Miss Code Ann
				  §
										25-41-3