reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 6 - Organization, Duties, and Executive policies and Procedures › Rule 30-301-6.3 - Athletic Commissions Office Organization

Current through June 25, 2024
The Athletic Commission consists is a 3 member Commission.
				  The membership of the commission consists of a chairman of the commission and 2
				  associate commissioners. There is one administrative assistant to the
				  Commission.
Miss. Code Ann.
				  75-75-103, 75-75-111
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 6 - Organization, Duties, and Executive policies and Procedures › Rule 30-301-6.4 - Delegation of Authority

Current through June 25, 2024
The commission may appoint and remove at its pleasure, such
				  number of inspectors of athletics as in its judgment is necessary to aid in the
				  proper discharge of its duties.
Miss. Code Ann.
				  75-75-109
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 6 - Organization, Duties, and Executive policies and Procedures › Rule 30-301-6.5 - Contact Information

Current through June 25, 2024
The Athletic Commission can be contacted at telephone number
				  610-373-9361 or through other contacts listed on website address of
www.MSboxing.org.
Miss. Code Ann.
				  75-75-105
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 7 - Declaratory Opinions › Rule 30-301-7.1 - Application of Chapter

Current through June 25, 2024
This sets forth the Mississippi Athletic Commission'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
				  Commission's procedures regarding the disposition of requests as required by
				  Mississippi Code §
									25-43-2.103.
Miss. Code
				  Ann. §
										25-43-2.105
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 7 - Declaratory Opinions › Rule 30-301-7.2 - Scope of Declaratory Opinions

Current through June 25, 2024
The Mississippi Athletic Commission will issue declaratory
				  opinions regarding the applicability to specified facts of:
A. a statute administered or enforceable by
				the Commission,
B. a rule
				promulgated by the Commission, or
C. an order issued by the
				Commission.
Miss. Code
				  Ann. §
										25-43-2.105
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 7 - Declaratory Opinions › Rule 30-301-7.3 - Scope of Declaratory Opinion Request

Current through June 25, 2024
A request must be limited to a single transaction or
				  occurrence.
Miss. Code
				  Ann. §
										25-43-2.105
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 7 - Declaratory Opinions › Rule 30-301-7.4 - 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 Mississippi Athletic Commission or
				in the form of a pleading as if filed with a court.
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. §
										25-43-2.105
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 7 - Declaratory Opinions › Rule 30-301-7.5 - 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. §
										25-43-2.105
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 7 - Declaratory Opinions › Rule 30-301-7.6 - 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
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 7 - Declaratory Opinions › Rule 30-301-7.8 - 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 Mississippi Athletic Commission 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
				Board.
Miss. Code
				  Ann. §
										25-43-2.105
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 7 - Declaratory Opinions › Rule 30-301-7.9 - Availability of Declaratory Opinions and Requests for Opinions

Current through June 25, 2024
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. §
										25-43-2.105
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 8 - Rulemaking Oral Proceedings › Rule 30-301-8.1 - Purpose

Current through June 25, 2024
This chapter consists of rules for oral proceedings held to
				  provide the public an opportunity to comment on submissions made under the
				  Administrative Procedures Act and the Rules in this Title.
Miss. Code
				  Ann. §
										25-43-2.105
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 8 - Rulemaking Oral Proceedings › Rule 30-301-8.2 - Application of Chapter

Current through June 25, 2024
This chapter applies to all oral proceedings held for the
				  purpose of providing the public with an opportunity to make oral presentations
				  or written input on proposed new rules, amendments to rules, and proposed
				  repeal of existing rules before the Mississippi Athletic Commission pursuant to
				  the Administrative Procedures Act.
Miss. Code
				  Ann. §
										25-43-2.105
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 8 - Rulemaking Oral Proceedings › Rule 30-301-8.3 - Request for Oral Proceeding

Current through June 25, 2024
When a political subdivision, an agency, or a citizen
				  requests an oral proceeding in regard to a proposed rule adoption, 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 Mississippi Athletic Commission or in the form of a pleading
				as if filed with a court.
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.
Miss. Code
				  Ann. §
										25-43-2.105
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 8 - Rulemaking Oral Proceedings › Rule 30-301-8.4 - Notice of Oral Proceeding

Current through June 25, 2024
Notice of the date, time, and place of all oral proceedings
				  shall be filed with the Secretary of State's Office for publication in the
				  Administrative Bulletin. The agency providing the notice shall provide notice
				  of oral proceedings to each requestor. The oral proceedings will be scheduled
				  no earlier than twenty (20) days from the filing of the notice with the
				  Secretary of State. The Agency Head, or designee who is familiar with the
				  substance of the proposed rule, shall preside at the oral proceeding on a
				  proposed rule.
Miss. Code
				  Ann. §
										25-43-2.105
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 8 - Rulemaking Oral Proceedings › Rule 30-301-8.5 - 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 presentations at such a proceeding shall notify the Mississippi Athletic
				Commission at least three business days prior to the proceeding and indicate
				the general subject of their presentations. The presiding officer in his or her
				discretion may allow individuals to participate that have not contacted the
				Mississippi Athletic Commission prior to the proceeding. C. At the proceeding,
				those who participate shall indicate their names and addresses, identify 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 presentations when necessary to assure
				the orderly and expeditious conduct of the oral proceeding. To encourage joint
				presentations and to avoid repetition, additional time may be provided for
				persons whose presentations represent the views of other individuals as well as
				their own views.
E. Persons making
				presentations are encouraged to avoid restating matters that have already been
				submitted in writing. Written materials may, however, be submitted at the oral
				proceeding.
F. 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
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 301 - Mississippi Athletic Commission Rules and Regulations › Chapter 8 - Rulemaking Oral Proceedings › Rule 30-301-8.6 - 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 Mississippi Athletic Commission,
				  part of the rulemaking record, and are subject to the Mississippi Athletic
				  Commission's public records request procedure. The Mississippi Athletic
				  Commission may record oral proceedings by stenographic or electronic
				  means.
Miss. Code
				  Ann. §
										25-43-2.105
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 1 - Responsibilities of the Mississippi Auctioneer › Rule 30-401-1.1 - Definitions

Current through June 25, 2024
A.
Auction
- means a sale
				transaction conducted by means of oral or written exchanges between an
				auctioneer and the members of his audience, which exchanges consist of a series
				of invitations for offers for the purchase of goods made by the auctioneer and
				offers to purchase made by members of his audience and culminate in the
				acceptance by the auctioneer of the highest or most favorable offer made by a
				member of the participating audience.
B.
Absolute Auction
- an auction
				in which property put up for sale is sold to the highest bidder and no minimum
				price will limit the bid. The seller may not nullify the sale by bidding
				himself or through an agent.
C.
Auction with Reserve
- any auction in which the seller or his
				agent reserves the right to establish a minimum bid, to accept or reject any
				and all bids and to withdraw the property at any time prior to the completion
				of the sale by the auctioneer.
D.
Auction without Reserve
- an auction in which property put up for
				sale is sold to the highest bidder and no minimum price will limit the bid. The
				seller may not nullify the sale by bidding himself or through an agent. Auction
				without reserve is equivalent to the term absolute auction.
E.
Estate Auction
- any auction
				in which all the property advertised and sold is the property of a specified
				deceased person or the property of a specified living person's
				estate.
F.
Absolute Auction
				Verses Reserve Auction
- auctions are considered to be with reserve
				unless otherwise stated, and as provisioned as under the Uniform Commercial
				Code.
G.
Auction Firm
- means any business establishment or other location owned by any entity
				other that a duly license auctioneer where goods are sold or advertised to be
				sold at auction or on a recurring basis.
H.
Reverse Auction
- any auction
				in which the traditional roles of buyer and seller are reversed and the sellers
				compete to obtain business from the buyers with prices typically decreasing as
				the sellers underbid each other. Reverse auction individual(s) and company(ies)
				who provide these services also include independent contractors of governmental
				authorities and require a license issued by the Commission.
Miss Code Ann.
				  §
										73-4-3(2009);
				  §
										73-4-13(1995)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 1 - Responsibilities of the Mississippi Auctioneer › Rule 30-401-1.2 - Advertising

Current through June 25, 2024
A. Rules and regulations applying to
				advertising and proper disclosure include advertisements on television, radio,
				newspaper, and other media.
B. It
				shall be a violation of these Rules for an auctioneer or gallery/auction firm
				to permit its name or license number to appear on any advertisement for an
				auction without reviewing the contents of the advertisement prior to its
				publication to ascertain its compliance with applicable law and
				Rules.
C. Any advertisements for an
				auction must identify the names and license number of the auctioneer or gallery
				who will be conducting the auction business.
D. False, deceptive, misleading and
				untruthful advertising is expressly prohibited. Any advertisement or
				advertising shall be deemed to be false, deceptive, misleading or untruthful,
				if it:
1. contains misrepresentations of
				fact;
2. is misleading or deceptive
				because in its content or in its context it makes only a partial disclosure of
				relevant facts;
3. creates false or
				unjustified expectations of the services to be performed;
4. contains any misrepresentation or claim
				which the advertising licensee fails to perform;
5. advertises an auction as absolute when any
				portion to be sold is subject to confirmation or with reserve or with minimum
				bids.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 1 - Responsibilities of the Mississippi Auctioneer › Rule 30-401-1.3 - Pocket Identification Cards

Current through June 25, 2024
A pocket card will be issued by the Executive Director giving
				  the auctioneer, gallery/auction firm's name, license number and date of
				  expiration. The pocket card must be carried by the licensee, and in the case of
				  gallery/auction firms the designated person(s), at all times when auctioneering
				  activities are being conducted and shall be available for inspection by the
				  Executive Director or designated agent for the Commission.
Miss Code Ann.
				  §
										73-4-13(1995)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 1 - Responsibilities of the Mississippi Auctioneer › Rule 30-401-1.4 - Statements to the Commission

Current through June 25, 2024
Any false information, statements, or testimony given to the
				  Mississippi Auctioneer Commission or its agent by a licensee or applicant will
				  be grounds for denial of an application or disciplinary actions against the
				  licensee.
Miss Code Ann.
				  §
										73-4-13(1995)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 1 - Responsibilities of the Mississippi Auctioneer › Rule 30-401-1.5 - Inspection of Records

Current through June 25, 2024
Documents, books, or records concerning an auction or
				  auctions must be made available for inspection by the Commission or its
				  authorized personnel or representative upon request. Failure by licensee, to
				  produce requested documents, books, records, or copies thereof, within 20 days
				  of request by the Commission will be grounds for further investigation and
				  disciplinary action as appropriate by the Commission.
Miss Code Ann.
				  §
										73-4-13(1995)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 1 - Responsibilities of the Mississippi Auctioneer › Rule 30-401-1.6 - Escrow Account

Current through June 25, 2024
A. Auctioneers must
				deposit all proceeds from the auction sales into the licensee's escrow account
				and make all disbursements from such escrow account.
B. All account records of monies received and
				paid out shall be available for inspection by the Commission or its designated
				agent, without advance notice, and copies shall be provided to the Commission
				upon request.
Miss Code Ann.
				  §
										73-4-13(1995)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 1 - Responsibilities of the Mississippi Auctioneer › Rule 30-401-1.7 - Change of address or business name or ownership

Current through June 25, 2024
A. All
				licensees shall notify the Commission in writing of any change or addition of
				residence or business address (including mailing address) and change of trade
				name, assumed name, or combination of names under which the licensee conducts
				business related to auctions.
B.
				Any change in address, business name, or ownership required by these Rules
				shall be reported within 10 days of the occurrence of such change.
Miss Code Ann.
				  §
										73-4-13(1995)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 1 - Responsibilities of the Mississippi Auctioneer › Rule 30-401-1.8 - License name and number non-transferable

Current through June 25, 2024
It is deemed to be intentional willful or wanton conduct for
				  a Mississippi auctioneers to allow his/her names and state numbers to be used
				  by an auction firm and do not actually participate in the conducting of the
				  auction business, such Mississippi Auctioneer or Auction Firm will be held
				  directly responsible for any and all such violations. Licensed auctioneers will
				  be further held accountable for any omission in advertising that may
				  occur.
Miss Code Ann.
				  §
										73-4-13(1995)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 1 - Responsibilities of the Mississippi Auctioneer › Rule 30-401-1.9 - Examination Days

Current through June 25, 2024
A. A completed
				auctioneer application and evidence of a $10,000.00 Surety Bond must be
				received by the Commission prior to taking the exam. Upon approval of his/her
				application, the applicant is notified of the date scheduled for his/her
				examination and asked to confirm or reschedule at least two weeks prior to the
				scheduled date.
B. An applicant who
				fails to appear without notification for the first scheduled date will
				automatically be rescheduled for the next exam. Failure to appear without
				notification the second time will be sufficient cause to cancel the application
				without refund of the examination fee. An applicant whose application has been
				canceled must file a new application and pay the examination fee as if no prior
				application has been submitted. Each time an examination is taken and failed,
				the examination fee is forfeited. The applicant may request reexamination,
				within a reasonable period of time, without submitting another application but
				must remit the appropriate examination fee.
C. Once an applicant has failed the
				examination twice consecutively, the applicant will be required to wait six
				months before requesting reexamination.
Miss Code Ann.
				  §
										73-4-13(1995)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 1 - Responsibilities of the Mississippi Auctioneer › Rule 30-401-1.10 - Examinations

Current through June 25, 2024
Examinations are confidential tests. They are designed and
				  administered under conditions established to protect the security of the tests.
				  Neither current forms nor any previous forms of the tests are available for
				  purchase or inspection. No applicant who has taken the examination will be
				  permitted to inspect that or any other completed examination after it has been
				  graded in order to ensure the validity of the examination.
Miss Code Ann.
				  §
										73-4-13(1995)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 1 - Responsibilities of the Mississippi Auctioneer › Rule 30-401-1.11 - Out-of-State Firm Licenses

Current through June 25, 2024
Any out-of-state auction company/firm contracting,
				  advertising, and managing auctions in Mississippi will be required to have a
				  firm license, but not limited thereto.
Miss Code Ann.
				  §
										73-4-13(1995)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 1 - Responsibilities of the Mississippi Auctioneer › Rule 30-401-1.12 - Out-of-State Auctioneers

Current through June 25, 2024
Out-of-state auctioneers who work under contract with
				  licensed Mississippi auctioneers or auction firms and who do not individually
				  contract, advertise or manage auctions in Mississippi, must be a licensed
				  Mississippi Auctioneer but will not be required to have a firm license.
Miss Code Ann.
				  §
										73-4-13(1995)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 1 - Responsibilities of the Mississippi Auctioneer › Rule 30-401-1.13 - Military Applicants (Military Family Freedom Act)

Current through June 25, 2024
Pursuant to this section, "Military" means the Armed Forces
				  or Reserves of the United States, including the Army, Navy, Marine Corps, Coast
				  Guard, Air Force, and the reserve components thereof, the National Guard of any
				  state, the military reserves of any state, or the naval militia of any state.
				  The Commission shall issue a license to an applicant who is a member of the
				  military, or an applicant who is married to or is a dependent of a member of
				  the military in accordance with Section
				  73-50-1
				  et seq, Miss. Code 2019, as applicable.
Miss Code Ann.
				  §
										73-4-23(2021);
				  §
										73-50-1(
				  Rev. 2020)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 1 - Responsibilities of the Mississippi Auctioneer › Rule 30-401-1.14 - Fresh Start Act of 2019

Current through June 25, 2024
A. The following
				words and phrases shall have the meanings as defined in this section unless the
				context clearly indicates otherwise:
1.
				"Crime" shall mean any type of felony or misdemeanor conviction.
2. "Licensing" shall mean any required
				training, education, or fee to work in a specific profession.
3. "Licensing authority" shall mean the
				Mississippi Auctioneer Commission (Commission).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 1 - Responsibilities of the Mississippi Auctioneer › Rule 30-401-1.15 - Reciprocity

Current through June 25, 2024
The Commission shall issue a license by reciprocity to a
				  person who establishes residence in this state pursuant to the provisions in
				  Section 73-50-2, as applicable.
Miss Code Ann.
				  §
										73-4-23(2021);
				  § 73-50-2(2021)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 2 - Public Procedures › Rule 30-401-2.1 - Public Records Request

Current through June 25, 2024
The Commission shall comply with the Public Records Act,
				  25-61-1 et seq. Miss. Code Ann 1972, Revised.
Miss Code Ann.
				  §
										25-61-1
				  through §
										25-61-12(Rev.
				  2010)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 2 - Public Procedures › Rule 30-401-2.2 - Method of Operation

Current through June 25, 2024
The Mississippi Auctioneer Commission is created under the
				  Mississippi Auctioneers Licensing Act, (MS Code Section
				  73-4-1 et
				  seq). Authority is given by law to set and collect reasonable license fees for
				  Auctioneers licenses, regulate the Auction profession and administer the
				  provisions of the statute, promulgate rules and regulations, issue, suspend and
				  revoke licenses in accordance with the law; provide for filing of surety bonds,
				  investigate complaints against licensees and applicants for licensure as
				  authorized by law; hold public hearings on any matters for which a hearing is
				  required under the Auctioneers Licensing Act; commence actions in the name of
				  the State of Mississippi in an appropriate court in order to force compliance
				  with the Auctioneers Licensing Act. The office of the Mississippi Auctioneer
				  Commission is located at 353 South 4th Street,
				  Morton, Mississippi, 39117. The Commission phone number is 601-750-4909 and the
				  fax number is 601-732-6447. The Executive Director and staff are available at
				  the same address to receive requests for declaratory opinions, requests for
				  public records, request for other matters under the auspices of this
				  act.
Miss Code Ann.
				  §25-43.3.105 (Rev. 2019)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 401 - Mississippi Auctioneer Commission General Rules › Chapter 2 - Public Procedures › Rule 30-401-2.5 - Open Meetings

Current through June 25, 2024
All official meetings of the Commission shall be conducted in
				  accordance with Section
				  25-41-5.
Miss Code Ann.
				  §
										25-41-1
				  thru §
										25-41-17
				  (Rev. 2013)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 601 - Organization & Structure › Chapter 1 - General Provision › Rule 30-601-1.2 - Method of Operation

Current through June 25, 2024
Commercial Mobile Radio Service Board
P. O. Box 22692
Jackson, MS 39225-2692
Phone: 601-969-2178
Fax: 601-326-1400
Email:
www.mscmrs.org.
1. There is created a Commercial Mobile Radio
				Service (CMRS) Board, consisting of seven (7) members to be appointed by the
				Governor with the advice and consent of the Senate. The members of the board
				shall be appointed as follows:
a) One (1)
				member from the Northern Public Service Commission District selected from two
				(2) nominees submitted to the Governor by the Mississippi 911 Coordinators
				Association;
b) One (1) member from
				the Central Public Service Commission District selected from two (2) nominees
				submitted to the Governor by the Mississippi Chapter of the Association of
				Public Safety Communication Officers;
c) One (1) member from the Southern Public
				Service Commission District selected from two (2) nominees submitted to the
				Governor by the National Emergency Numbering Association;
d) Two (2) members who are wireless provider
				representatives;
e) One (1) member
				who is a consumer representing the state at large with no affiliation to the
				three (3) trade associations or the wireless providers; and
f) One (1) member who is a member of the
				Mississippi Law Enforcement Officers Association selected from two (2) nominees
				submitted to the Governor by the association.
The initial terms of the board members, as appointed after
				  July 1, 2002, shall be staggered as follows: the members appointed under
				  paragraph (d) shall serve a term of two (2) years; the member appointed under
				  paragraph (e) shall serve a term of one (1) year. After the expiration of the
				  initial terms, the term for all members shall be four (4) years.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 601 - Organization & Structure › Chapter 1 - General Provision › Rule 30-601-1.3 - Membership

Current through June 25, 2024
The CMRS Board reserves the right to recommend the
				  individual or organization which initiates the appointment, removal of a member
				  who fails to attend three (3) consecutive regularly scheduled meetings of the
				  Board.
Miss. Code Ann. §
										19-5-333(2)(h)(Rev.
				  2003 & Supp. 2010); and Miss. Code Ann. §
										25-43-2.104
				  (Rev. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 603 - Regulatory › Chapter 1 - CMRS Service Charge › Rule 30-603-1.1 - Emergency Telephone Service Charge

Current through June 25, 2024
The Board shall collect and distribute a CMRS emergency
				  service charge on each CMRS connection that has a billing address within the
				  state. The rate of such wireless service charge shall be One Dollar ($1.00) per
				  month per CMRS connection, beginning 13 April 1998. The CMRS service charge
				  shall have uniform application and shall be imposed throughout the
				  state.
Miss. Code Ann.
				  §§
										19-5-333(2)(h)
				  and (i) and
				  19-5-335(1)(Rev.
				  2003 & Supp. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 603 - Regulatory › Chapter 1 - CMRS Service Charge › Rule 30-603-1.2 - Collection and Remittance of Service Charge

Current through June 25, 2024
Each CMRS provider shall act as a collection agent for the
				  CMRS Fund and shall, as part of the provider's normal monthly billing process,
				  collect the CMRS service charges levied upon CMRS connections from each CMRS
				  connection to whom the billing provider provides CMRS service and shall, not
				  later than thirty (30) days after the end of the calendar month in which such
				  CMRS service charges are collected, remit to the Board the net CMRS service
				  charges so collected after deducting an administrative fee as described in
				  subsection 2-3 below. Each billing provider shall list the CMRS service charge
				  as a separate entry on each bill which includes a CMRS service
				  charge.
Miss. Code Ann.
				  §§
										19-5-333(2)(h)
				  and (i) and
				  19-5-335(1)(Rev.
				  2003 & Supp. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 603 - Regulatory › Chapter 1 - CMRS Service Charge › Rule 30-603-1.3 - CMRS Collection Costs

Current through June 25, 2024
Each CMRS provider shall be entitled to deduct and retain
				  from the CMRS service charges collected by such provider during each calendar
				  month an amount not to exceed one percent (1%) of the gross aggregate amount of
				  such CMRS service charges so collected as reimbursement for the costs incurred
				  by such provider in collecting, handling and processing such CMRS service
				  charges.
Miss. Code Ann.
				  §§
										19-5-333(2)(h)
				   and
				  19-5-335(2)(Rev.
				  2003 & Supp. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 603 - Regulatory › Chapter 1 - CMRS Service Charge › Rule 30-603-1.4 - CMRS Fund Account

Current through June 25, 2024
The Board shall establish and maintain the CMRS Fund as an
				  insured, interest-bearing account into which the board shall deposit all
				  revenues derived from the CMRS service charge levied on CMRS connections in the
				  state.
Miss. Code Ann. §
										19-5-333(2)(b),
				  (h) and (i) (Rev. 2003 & Supp.
				  2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 603 - Regulatory › Chapter 1 - CMRS Service Charge › Rule 30-603-1.5 - Interest

Current through June 25, 2024
The CMRS Board shall have the power to levy interest charges
				  at the legal rate of interest established in Section
				  75-17-1,
				  Mississippi Code Annotated of 1972, as amended, on any amount due and
				  outstanding from any CMRS provider who fails to remit service charges in
				  accordance with Section
				  19-5-335(1).
The Board shall levy interest charges at the legal rate of
				  interest based on the date the money is received and not the post-marked date
				  on any amount due and outstanding from any CMRS provider who remits payment
				  thirty (30) days after the end of the calendar month.
Miss. Code Ann. §
										19-5-333(2)(g),
				  (h) and (i) (Rev. 2003 & Supp.
				  2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 603 - Regulatory › Chapter 2 - Distribution of Service Charge › Rule 30-603-2.1 - Disbursement of Service Charge

Current through June 25, 2024
The Board shall establish a distribution formula by which
				  the Board will make disbursements of the CMRS service charge in the following
				  amounts and in the following manner:
a)
				Out of the funds collected by the Board, thirty percent (30%) shall be
				deposited into the CMRS Fund and shall be disbursed to CMRS providers as
				described in Section IV, CMRS Cost Recovery. The Board shall be entitled to
				retain from the CMRS service charges collected during each calendar month an
				amount not to exceed two percent (2%) of the money allocated to the CMRS Fund
				as reimbursement for the costs incurred by the Board. Such costs include, but
				are not limited to, retaining and paying the independent, third-party auditor
				to review and disburse the cost recovery funds and to prepare all necessary
				reports.
b) The remainder of all
				funds collected by the Board, which shall not be less than seventy percent
				(70%) of the total funds collected by the Board, shall be distributed by the
				Board monthly based on the number of CMRS connections in each ECD for use in
				providing wireless E911 service, including capital improvements, and in their
				normal operations.
Miss. Code Ann. §
										19-5-333(2)(c),
				  (h) and (i) (Rev. 2003 & Supp.
				  2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 603 - Regulatory › Chapter 2 - Distribution of Service Charge › Rule 30-603-2.2 - Distribution Formula

Current through June 25, 2024
The CMRS service charge shall be $1.00 as established by
				  state law. From the $1.00 service charge collected by each provider as
				  contemplated by Section
				  19-5-331
				  of the Mississippi Code of 1972, as amended:
a) 1 cent shall be retained by the providers
				to cover their cost of collecting, handling and processing the service
				charge.
b) 99 cents shall be
				forwarded by the provider to the CMRS Board.
c) Thirty percent (30%) of the 99 cents, or
				29.70 cents, shall be identified for use to reimburse service suppliers for
				expenses as specified in the applicable sections of state law to meet FCC
				mandates and to pay Board expenses. Board expenses shall not exceed two percent
				(2%) of the thirty percent (30%) of the 99 cents or .594 cents. Thus, the
				remaining 29.106 cents will be available to reimburse service
				suppliers.
d) Seventy percent (70%)
				of the 99 cents, or 69.3 cents, shall be identified to be distributed to the
				respective county Emergency Communications Districts (ECDs) from which the
				service charge was imposed.
Miss. Code Ann.
				  §§
										19-5-333(2)(a),(c),
				  (h) and (i) and
				  19-5-335(2)
				  and (3) (Rev. 2003 & Supp.
				  2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 603 - Regulatory › Chapter 2 - Distribution of Service Charge › Rule 30-603-2.3 - Distribution of Funds to ECD

Current through June 25, 2024
All funds due to the respective ECDs as their proportionate
				  share of the funds received and on deposit in the Commercial Mobile Radio
				  Service Fund (CMRS Fund) shall be disbursed, no later than ten (10) business
				  days after the date those are due to the Board from various commercial mobile
				  radio service providers.
Miss. Code Ann. §
										19-5-333(2)(h)
				  and (i) (Rev. 2003 & Supp.
				  2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 603 - Regulatory › Chapter 2 - Distribution of Service Charge › Rule 30-603-2.4 - Cost Study

Current through June 25, 2024
The Board shall conduct a cost study on or before October 1,
				  1999, and adjust the distribution formula to reflect actual costs to be
				  incurred by each CMRS provider in order to comply with Phase One of the
				  wireless E911 service requirements established by the FCC Order and any rules
				  and regulations which are or may be adopted by the FCC pursuant to the FCC
				  Order.
Miss. Code Ann. §
										19-5-333(2)(h)
				  and (i) (Rev. 2003 & Supp.
				  2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 603 - Regulatory › Chapter 3 - CMRS Cost Recovery › Rule 30-603-3.1 - Payment to CMRS Providers

Current through June 25, 2024
The Board shall pay the actual costs incurred by such CMRS
				  providers in complying with the wireless E911 service requirements established
				  by the FCC Order and any rules and regulations which are or may be adopted by
				  the FCC pursuant to the FCC Order. In no event shall any invoice for payment be
				  approved for the payment of costs that are not related to such
				  compliance.
Miss. Code Ann. §
										19-5-333(2)(c)(i),
				  (h) and (i) (Rev. 2003 & Supp.
				  2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 603 - Regulatory › Chapter 3 - CMRS Cost Recovery › Rule 30-603-3.2 - Cost Recovery Plan

Current through June 25, 2024
1. Upon receipt of
				a request for wireless E9-1-1 service from a Mississippi Emergence
				Communication District or Districts (ECDs), the CMRS carrier will develop a
				comprehensive detailed plan for implementation of E9-1-1 service for the ECD,
				or the appropriate service area if the CMRS carriers switch serves more than
				one ECD.
2. The plan, complete with
				cost information, will be presented to the requesting ECD for concurrence. Upon
				acceptance of the plan and the associated cost structure by the ECD, the ECD
				(in person or by proxy) and CMRS carrier will present the plan to the Board for
				its approval. The CMRS carrier shall present in writing to the Board detailed
				coverage area and customer information to ensure expedient roll-out of wireless
				E9-1-1 service as requests are received and approved by the Board.
3. After initial acceptance of a CMRS
				carriers plan using a particular solution by the Board, the CMRS carrier need
				not make additional presentations to the Board as to that particular solution.
				Certified letters shall be sent to the Board with notification of additional
				serve implementation in the state and the resulting cost recovery
				represented.
4. The initial cost
				recovery plan presented to the Board is intended to allow for the recovery of a
				carriers cost on a one time basis (NRC) and/or recurring monthly basis (MRC). A
				list of anticipated MRCs and NRCs is set forth below, but the list will vary
				depending upon the CMRS carrier and the selected E911 solution:
Trunks:
Trunking
Connection fee to 9-1-1 Selective Router (per DSO)
Engineering & Network Costs:
Facilities; T-1's, selective router ports
Routing Charges
Operations
Engineering
Switch upgrades
Research & Development
Network design
Test plan development
Database Cost
P-ANI administration
Database management
Other
Reporting
Software
Other
5.
				The Board shall provide the CMRS carrier either approval or denial of the cost
				recovery plan in writing, and send by certified United States Mail or by any
				other express service requiring a delivery signature. If the Board denies a
				CMRS carriers cost recovery plan, the Board shall provide express reasons for
				the denial in writing within 3 days of the denial. The CMRS carrier may
				resubmit or revise cost recovery plans as soon as the Board approves an
				acceptable date. If the Board approves the cost recovery plan, then the CMRS
				carrier and the Board shall sign the model contract, attaching the cost
				recovery plan.
Miss. Code Ann.
				  §§
										19-5-333(2)(c)(i),(h)
				  and (i) and
				  19-5-339
				  (Rev. 2003 & Supp. 2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 603 - Regulatory › Chapter 3 - CMRS Cost Recovery › Rule 30-603-3.3 - Reimbursement Claims

Current through June 25, 2024
Once a cost recovery plan is approved, the CMRS carrier may
				  file claims for reimbursement of non-recurring costs and/or recurring costs.
				  The amount of reimbursement that the CMRS carrier is entitled to receive may be
				  calculated in several ways:
a) by
				multiplying the number of CMRS subscribers receiving wireless E911 service as
				reported by the CMRS carrier prior to its request for reimbursement by the
				amount authorized per subscriber for cost recovery by the Board. CMRS carriers
				shall be required to report their subscriber count no less than once a quarter.
				The dollar amount paid to the CMRS carrier will vary based on total number of
				subscribers reported by the CMRS carrier;
b) by submission of the actual recurring and
				nonrecurring costs incurred by the carrier and approved by the Board;
				and/or
c) by a combination of
				methods (1) and (2).
Miss. Code Ann. §
										19-5-333(2)(c)(i),(h)
				  and (i) (Rev. 2003 & Supp.
				  2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 603 - Regulatory › Chapter 3 - CMRS Cost Recovery › Rule 30-603-3.4 - Pre-Plan Costs

Current through June 25, 2024
1. No Phase I costs
				incurred by a carrier more than 12 months prior to receipt of the carriers
				initial or amended cost recovery plan by the CMRS Board will be considered or
				reimbursed. Carriers initial or amended Phase I Cost recovery plan must be
				submitted by a method requiring delivery receipt (Certified return receipt
				mail, Fed EX, etc.).
2. No Phase II
				costs incurred by a carrier more than 12 months prior to receipt of the
				carriers initial or amended cost recovery plan by the CMRS Board will be
				considered or reimbursed. Carriers initial or amended Phase II Cost recovery
				plan must be submitted by a method requiring delivery receipt (Certified return
				receipt mail, Fed EX, etc.).
Miss. Code Ann. §
										19-5-333(2)(h)
				  and (i) (Rev. 2003 & Supp.
				  2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 603 - Regulatory › Chapter 3 - CMRS Cost Recovery › Rule 30-603-3.5 - Plan Amendments

Current through June 25, 2024
CMRS carriers are required to submit revised cost recovery
				  plans if substantive changes occur in their cost structures. Changes to the
				  plan must be submitted in writing and approved by the Board. A CMRS carrier may
				  request an adjustment of the reimbursement rate at any time upon written notice
				  to the Board
Miss. Code Ann. §
										19-5-333(2)(h)
				  and (i) (Rev. 2003 & Supp.
				  2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 603 - Regulatory › Chapter 4 - Independent Audits & Recommendations › Rule 30-603-4.1 - Annual Audit Reports

Current through June 25, 2024
The Board shall obtain from an independent, third-party
				  auditor retained by the Board annual reports to the Board no later than sixty
				  (60) days after the close of each fiscal year. The auditor shall provide an
				  accounting for all CMRS service charges deposited into the CMRS Fund during the
				  preceding fiscal year. The auditor shall provide an accounting of all
				  administrative expenses of the Board and all disbursements to ECDs and CMRS
				  providers (in the aggregate) during the preceding fiscal year. The Board shall
				  provide a copy of the annual reports to the Chairmen of the Public Utilities
				  Committees of the House of Representatives and Senate.
Miss. Code Ann. §
										19-5-333(2)(e)
				  and (h) (Rev. 2003 & Supp.
				  2010).