Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 101 - Rules of the Board of Animal Health › Subpart 2 - Administrative Rules › Chapter 01 - Public Records Request Procedure › Section 2-101-2-01-105

Current through June 25, 2024
The availability of all records in the possession of the
					 Mississippi Board of Animal Health shall be subject to the following
					 limitations:
1. Any public record
				  specifically declared to be confidential, privileged or exempt by the
				  Mississippi Public Records Act of 1983, or any constitutional or statutory law
				  or decision of a court of this state or the United States shall be exempt from
				  the provisions of the Mississippi Public Records Act of 1983.
2. Any records furnished to the Mississippi
				  Board of Animal Health which contain trade secrets or confidential commercial
				  or financial information shall not be subject to inspection, examination,
				  copying or reproduction until forty five (45) days following written notice
				  from the Mississippi Board of Animal Health to the person furnishing such
				  records advising that a request has been made for copies of such documents. The
				  notice shall contain a listing of specific documents requested and the name and
				  address of the person requesting such documents or records. Notices shall be
				  mailed certified mail return receipt requested. At the end of the forty five
				  (45) day notice period, copies of all records listed in said notice shall be
				  released to person requesting such records unless person furnishing such
				  records shall have obtained a court order protecting such records as
				  confidential and exempting such records from the provisions of the Mississippi
				  Public Records Act of 1983.
3.
				  Personnel records and applications for employment, letters of recommendation
				  for employment or respecting admission to any educational agency or institution
				  in the possession of the Mississippi Board of Animal Health, except those which
				  may be released to the person who made the application or released upon the
				  prior written consent of the person who made the application, shall be exempt
				  from the provisions of the Mississippi Public Records Act of 1983.
4. Test questions and answers in the
				  possession of the Mississippi Board of Animal Health shall be exempt from the
				  provisions of the Mississippi Public Records Act of 1983.
5. Records which represent and constitute the
				  work product of any attorney, district attorney or county prosecuting attorney
				  representing the Mississippi Board of Animal Health and which are related to
				  litigation made by or against the Mississippi Board of Animal Health or in
				  anticipation of prospective litigation, including all communications between
				  such attorney made in the course of an attorney-client relationship shall be
				  exempt from the provisions of the Mississippi Public Records Act of
				  1983.
6. Records in the possession
				  of the Mississippi Board of Animal Health which would disclose information
				  about a person's individual tax payment or status shall be exempt from the
				  provisions of the Mississippi Public Records Act of 1983.
7. Information or records in the possession
				  of the Mississippi Board of Animal Health which concerns the sale or purchase
				  of real or personal property for public purposes shall be exempt from the
				  provisions of the Mississippi Public Records Act of 1983, prior to public
				  announcement of the purchase or sale, where the release of such records could
				  possibly have an effect on such sale or purchase.
8. Records in the possession of the
				  Mississippi Board of Animal Health which are not otherwise protected by law,
				  that (1) were compiled in the process of detecting and investigating any
				  unlawful activity or alleged unlawful activity, disclosure of which would harm
				  such investigation; (2) would reveal the identity of informants; (3) would
				  prematurely release information that would impede the Mississippi Board of
				  Animal Health's enforcement, investigation or detection efforts in such
				  proceedings; (4) would disclose investigatory techniques; (5) would deprive a
				  person of a right to a fair trial or impartial adjudication; (6) would endanger
				  the life or safety of any Mississippi Board of Animal Health personnel; or (7)
				  are matters pertaining to quality control or PEER review activities, shall be
				  exempt from the provisions of the Mississippi Public Records Act of
				  1983.
9. Applications for licensure
				  or test questions that are to be used in future license examinations in the
				  possession of the Mississippi Board of Animal Health except those which may be
				  released to the person who made the application or with the prior written
				  consent of the person who made the application, shall be exempt from the
				  provisions of the Mississippi Public Records Act of 1983.
10. Commercial and financial information or
				  records of a proprietary nature required to be submitted to the Mississippi
				  Board of Animal Health by a firm, business, partnership, association,
				  corporation, individual or other like entity, shall be exempt from the
				  provisions of the Mississippi Public Records Act of 1983.
11. All records or information in the
				  possession of the Mississippi Board of Animal Health not specifically exempt as
				  a public record by the Mississippi Public Records Act of 1983, or this
				  Regulation, shall be made available upon written request within fourteen (14)
				  working days from the date of receipt of said request. All requests must
				  include a specific description, identity and name of the records
				  requested.
Miss. Code Ann.
					 §
											25-61-5.