reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 5 - Requests for Declaratory Opinions › Rule 33-501-5.2 - Issuance of a Declaratory Opinion

Current through June 25, 2024
The District will issue declaratory opinions regarding the
				  applicability to specified facts of:
(a) a statute administered or enforceable by
				the District,
(b) a rule
				promulgated by the District, or
(c) an order issued by the District.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 5 - Requests for Declaratory Opinions › Rule 33-501-5.3 - Reasons for Refusal of Declaratory Opinion Request

Current through June 25, 2024
The District may, for good cause, refuse to issue a
				  declaratory opinion. Without limiting the generality of the foregoing, the
				  circumstances in which declaratory opinions will not be issued include, but are
				  not necessarily limited to:
(a) the
				matter is outside the primary jurisdiction of the District;
(b) lack of clarity concerning the question
				presented;
(c) there is pending or
				anticipated litigation, administrative action, or other adjudication which may
				either answer the question presented by the request or otherwise make an answer
				unnecessary;
(d) the statute,
				rule, or order on which a declaratory opinion is sought is clear and not in
				need of interpretation to answer the question presented by the request;
(e) the facts presented in the
				request are not sufficient to answer the question presented;
(f) the request fails to contain information
				required by these rules or the requestor failed to follow the procedure set
				forth in these rules;
(g) the
				request seeks to resolve issues which have become moot, or are abstract or
				hypothetical such that the requestor is not substantially affected by the rule,
				statute, or order on which a declaratory opinion is sought;
(h) no controversy exists concerning the
				issue as the requestor is not faced with existing facts or those certain to
				arise which raise a question concerning the application of the statute, rule,
				or order;
(i) the question
				presented by the request concerns the legal validity of a statute, rule or
				order;
(j) the request is not based
				upon facts calculated to aid in the planning of future conduct, but is,
				instead, based on past conduct in an effort to establish the effect of that
				conduct;
(k) no clear answer is
				determinable;
(l) the question
				presented by the request involves the application of a criminal statute or sets
				forth facts which may constitute a crime;
(m) the answer to the question presented
				would require the disclosure of information which is privileged or otherwise
				protected by law from disclosure;
(n) the question is currently the subject of
				an Attorney General's opinion request; or,
(o) the question has been answered by an
				Attorney General's opinion.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 5 - Requests for Declaratory Opinions › Rule 33-501-5.4 - Similar Pending Request

Current through June 25, 2024
A declaratory opinion will not be issued where a similar
				  request is pending before this agency, or any other agency or a proceeding is
				  pending on the same subject matter before any agency, administrative or
				  judicial tribunal, or where such an opinion would constitute the unauthorized
				  practice of law.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 5 - Requests for Declaratory Opinions › Rule 33-501-5.5 - Litigation

Current through June 25, 2024
A declaratory opinion will not be issued if it may adversely
				  affect the interests of the State, the District, or any of their officers or
				  employees in any litigation which is pending or may reasonably be expected to
				  arise.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 5 - Requests for Declaratory Opinions › Rule 33-501-5.6 - Question of Law

Current through June 25, 2024
Where a request for a declaratory opinion involves a
				  question of law, the District may refer the matter to the State Attorney
				  General.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 5 - Requests for Declaratory Opinions › Rule 33-501-5.7 - Preemptive Determination

Current through June 25, 2024
A declaratory opinion will not be issued where the question
				  involves eligibility for a license, permit, certificate or other approval by
				  the District or some other agency, and there is a statutory or regulatory
				  application process by which eligibility for said license, permit, or
				  certificate or other approval may be determined.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 6 - Written Requests Required › Rule 33-501-6.1 - Written Request

Current through June 25, 2024
Each request must be printed, typewritten or in legible
				  handwriting. Each request must be submitted on standard business letter size
				  paper (8 1/2" by 11"). Requests may be in the form of a letter addressed to the
				  District or in the form of a pleading as might be addressed to a court.
				  Information should be sent to the attention of the Executive Director.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 6 - Written Requests Required › Rule 33-501-6.2 - Mailing of Request

Current through June 25, 2024
All requests must be mailed or delivered to the District.
				  The request and its envelope shall clearly state that it is a request for a
				  declaratory opinion. Oral and telephone requests are unacceptable.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 6 - Written Requests Required › Rule 33-501-6.3 - Certification of Request

Current through June 25, 2024
Each request must include the full name, telephone number,
				  and mailing address of the requestor. 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. The signing party 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. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 6 - Written Requests Required › Rule 33-501-6.4 - Limit of Request

Current through June 25, 2024
A request must be limited to a single transaction or
				  occurrence.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 6 - Written Requests Required › Rule 33-501-6.5 - Requirements of Request

Current through June 25, 2024
Each request must contain the following:
(a) a clear identification of the statute or
				rule 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 identify of all other
				known persons involved in or impacted by the factual situation causing the
				request including their relationship to the facts, name, mailing address and
				telephone number; and,
(e) a
				statement sufficient to show that the person seeking relief has a substantial
				interest in the subject matter.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 6 - Written Requests Required › Rule 33-501-6.6 - Form and Content of Opinion

Current through June 25, 2024
The terms of the proposed opinion suggested by the requestor
				  may be submitted with the request, but the form and content of the opinion
				  remains within the discretion of the District.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 6 - Written Requests Required › Rule 33-501-6.7 - Argument

Current through June 25, 2024
A request may contain an argument by the requestor in
				  support of the terms of the proposed opinion suggested by the requestor. The
				  argument may be submitted in the form of a memorandum of authorities,
				  containing a full discussion of the reasons and any legal authorities, in
				  support of such position of the requestor. The District may request that the
				  argument and memorandum of authorities be submitted by any interested party.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 6 - Written Requests Required › Rule 33-501-6.8 - District's Actions

Current through June 25, 2024
Within forty-five (45) days after the receipt of a complete
				  request for a declaratory opinion which complies with the requirements of these
				  rules, the District shall, in writing:
(a) issue an opinion declaring the
				applicability of the specified statute, rule, or order to the specified
				circumstances;
(b) agree to issue
				a declaratory opinion or a written statement 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.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 6 - Written Requests Required › Rule 33-501-6.9 - 45-Day Period

Current through June 25, 2024
The forty-five (45) day period shall begin on the first
				  State of Mississippi business day that the request is received by the District.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 6 - Written Requests Required › Rule 33-501-6.10 - 60-Day Holding Period

Current through June 25, 2024
A declaratory opinion shall not become final until the
				  expiration of sixty (60) days after the issuance of the opinion. Prior to the
				  expiration of sixty (60) days, the District may, in its discretion, withdraw or
				  amend the declaratory opinion for any reason which is not arbitrary or
				  capricious. Reasons for withdrawing or amending an opinion include, but are not
				  limited to, a determination that the request failed to meet the requirements of
				  these rules or that the opinion issued contains or was based on a legal or
				  factual error.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 6 - Written Requests Required › Rule 33-501-6.11 - Notice to Third Parties

Current through June 25, 2024
The District may give notice to any person that a
				  declaratory opinion has been requested and may receive and consider data,
				  facts, arguments and opinions from persons other than the requestor.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 6 - Written Requests Required › Rule 33-501-6.12 - Schedule of Interested Persons

Current through June 25, 2024
The requestor, or his attorney, shall append to the request
				  for a declaratory opinion a listing of all persons, with addresses, known to
				  the requestor who may have an interest in the declaratory opinion sought to be
				  issued, and shall mail a copy of the request to all such persons. The requestor
				  or his attorney shall certify that a copy of the request was mailed to all such
				  persons together with this statement: "Should you wish to participate in the
				  proceedings of this request, or receive notice of such proceedings or the
				  declaratory opinion issued as a result of this request, you should contact the
				  District within twenty days of the date of this request."
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 7 - Hearings Optional › Rule 33-501-7.1 - Scheduling a Hearing

Current through June 25, 2024
If the District, in its sole discretion, deems a hearing
				  necessary or helpful in determining any issue concerning a request for a
				  declaratory opinion, the District may schedule such a hearing. Notice of the
				  hearing shall be given to all interested parties unless waived. Notice mailed
				  by first class mail seven (7) calendar days prior to the hearing shall be
				  deemed appropriate.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 7 - Hearings Optional › Rule 33-501-7.2 - Procedure for Conducting a Hearing

Current through June 25, 2024
Procedure for conducting a hearing, including but not
				  limited to the manner of presentation, the time for presentation, and whether
				  and how evidence may be taken, shall be within the discretion of the District.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 7 - Hearings Optional › Rule 33-501-7.3 - Participation in a Hearing

Current through June 25, 2024
The District shall allow the requestor to participate in any
				  hearing. The District may allow any other persons or entities to participate in
				  the hearing in its discretion. Submission of a request for a declaratory
				  opinion or for a hearing does not automatically entitle the requestor to a
				  hearing.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 7 - Hearings Optional › Rule 33-501-7.4 - Inspection

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
				  shall be available for public inspection and copying in accordance with the
				  District's public records rules and regulations. All declaratory opinions and
				  requests shall be indexed by name and subject.
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. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.103(2)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 8 - Procedures for Conducting Evidentiary Hearings › Rule 33-501-8.1 - Requesting an Evidentiary Hearing

Current through June 25, 2024
The following procedures in this Chapter 8 shall govern
				  formal hearings and requests for reconsideration. Any person, firm or
				  corporation that has been aggrieved by a final decision of the District and its
				  Board of Commissioners may request an evidentiary hearing within fourteen (14)
				  days from the date of the Board action. The District can order and require and
				  evidentiary hearing on any matter within its jurisdiction.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.104(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 8 - Procedures for Conducting Evidentiary Hearings › Rule 33-501-8.2 - Setting the Hearing

Current through June 25, 2024
The District shall fix the time and place of such hearing
				  and shall notify all parties thereto by certified mail. Individuals coming
				  before the District may appear personally, by counsel, or both, produce
				  witnesses and cross-examine witnesses. The Chairman of the Board of
				  Commissioners, or his or her designee, shall act as the presiding officer.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.104(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 8 - Procedures for Conducting Evidentiary Hearings › Rule 33-501-8.3 - Witnesses

Current through June 25, 2024
The District is not authorized to issue subpoenas. Parties
				  to an evidentiary hearing are responsible for assuring the attendance of their
				  witnesses.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.104(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 8 - Procedures for Conducting Evidentiary Hearings › Rule 33-501-8.4 - Pre-filing Testimony and Documents

Current through June 25, 2024
(a) Direct
				testimony of each witness to be relied upon during the hearing shall be
				pre-filed with the District and copies of the same shall be mailed to all
				parties seven (7) days prior to the hearing, except that in the discretion of
				the District this requirement may be modified or waived. Parties which call
				"adverse" witnesses shall not be required to submit pre-filed testimony as
				contemplated in this paragraph. At least seven (7) days prior to the hearing,
				all parties involved shall exchange copies of all exhibits that will be
				introduced during the hearing indicating the party offering and the witness who
				will sponsor each. The presiding officer may permit an exception to these
				requirements when witnesses or exhibits are necessary for rebuttal or
				impeachment. Failure to submit the above referenced exhibits and the pre-filed
				testimony of witnesses and exhibits may result in the exclusion of same from
				the hearing. Also, the presiding officer, in his or her discretion, may call a
				pre-hearing conference prior to any hearing to establish hearing guidelines and
				clarify issues.
(b) Should the
				District waive the above mentioned requirement for pre-filed testimony, then at
				least seven (7) days before the hearing, all parties involved shall exchange a
				list of all witnesses each will call during the hearing, a brief statement of
				the testimony expected from each witness, and copies of all exhibits.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.104(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 9 - Inspection and Copying of Public Records Pursuant to the State Public Records Act › Rule 33-501-9.1 - Policy

Current through June 25, 2024
It is the policy of the District to provide for inspection
				  and copying of its identifiable public records by all people of the State of
				  Mississippi who request such inspection or copying, consistent with the
				  provisions of the Mississippi Public Records Act, Section
				  25-61-1
				  through
				  25-61-19,
				  Mississippi Code of 1972, as amended, and other applicable laws and judicial
				  decisions.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.104(a)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 9 - Inspection and Copying of Public Records Pursuant to the State Public Records Act › Rule 33-501-9.2 - Definitions

Current through June 25, 2024
(a)
Identifiable Public
				Record
: A public record is identifiable if a reasonably specific
				description of the record, such as the date, the subject matter and persons
				involved, or other identifier that will permit location or retrieval of the
				record, is given in the request for production. Identification of leases or
				assignments of leases require a subdivision name and lot number.
(b)
Working Day
: A
				working day is any day other than a weekend, state holiday, federal holiday, or
				other day on which by executive order the District is authorized to be closed.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.104(a)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 9 - Inspection and Copying of Public Records Pursuant to the State Public Records Act › Rule 33-501-9.3 - Procedure

Current through June 25, 2024
(a)
Records
				Available
: All identifiable public records of the District not
				exempt pursuant to §
									25-61-9
				and §
									25-61-11
				of the Public Records Act or other applicable law or judicial decision are
				available for inspection or copying, or both, pursuant to the procedures
				herein.
(b)
Request in
				Writing
: All requests shall be in writing, shall request the
				production or copying of identifiable public records, shall be signed by the
				person or persons requesting the records, and shall list the requester's
				address and telephone number.
(c)
District Response
: Within three (3) working days after
				the date of the receipt of the request, the District shall notify the
				requesting party whether the record(s) requested can be located and whether the
				record(s) can be legally disclosed. If the record is to be disclosed, the
				District shall give an estimate of the total fee for compliance with the
				request. Upon payment of the fee, the District shall produce the record(s)
				requested for inspection or copying no later than seven (7) working days from
				the date of the request, but in no event shall production of the record(s) be
				later than fourteen (14) working days from the date of request for the
				production of the records.
(d)
Denials
: Any denial of a request shall be in writing
				signed by the District's Executive Director and shall contain a statement of
				the specific exemption relied upon for the denial.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.104(a)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 9 - Inspection and Copying of Public Records Pursuant to the State Public Records Act › Rule 33-501-9.4 - Confidentiality Notice

Current through June 25, 2024
(a)
Notice of Request
: For the purpose of providing notice
				of a request for inspection, examination, copying or reproduction to a third
				party that has submitted trade secrets or confidential commercial or financial
				information, pursuant to §
									25-61-9
				of the Public Records Act, twenty-five (25) days from the mailing of written
				notice to the third party shall be deemed a reasonable period after which the
				requested identifiable public record(s) shall be released, unless otherwise
				exempt from the Public Records Act. Notice to the third party of such request
				shall be made by the District within three (3) working days from the date of
				the request for production.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.104(a)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 9 - Inspection and Copying of Public Records Pursuant to the State Public Records Act › Rule 33-501-9.5 - Fees

Current through June 25, 2024
(a)
Costs
: A fee
				reasonably calculated to reimburse the District the actual cost of searching,
				reviewing, reproducing, and transmitting copies of public records shall be paid
				in advance of complying with a request, as follows:
(i) Basic search, review, and reproduction
				charge: $10.00 minimum search fee plus $.50 per page. Search, review, and
				reproduction must be performed at District offices during a workday, and must
				be performed by District personnel. Search, review, and reproduction fee
				includes transmittal by U.S. first class mail.
(ii) Certification of authenticity: $5.00 for
				each certificate.
(iii) Records
				delivered via FAX: additional charge per transmission of $1.00 per page.
(iv) Records delivered by
				overnight delivery: additional charge of $25.00 per delivery. This charge will
				be waived for customers who provide an account number for direct billing
				through Federal Express.
(v)
				Additional charge of $5.00 per item for documents retrieved from off-site
				storage.
(vi) Database printout
				requests from available databases will be charged a fee calculated on a
				per-request basis, depending on the volume and complexity of information
				requested, but not less than $.50 per page.
(vii) For extensive searches and reproduction
				of records, the Executive Director may allow the person making the request to
				perform a search and reproduction on District premises in lieu of these tasks
				being performed by staff of the District, provided it is done in a
				non-disruptive manner.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 9 - Inspection and Copying of Public Records Pursuant to the State Public Records Act › Rule 33-501-9.6 - Expedited Requests

Current through June 25, 2024
Expedited requests for services in emergency situations that
				  cannot wait for scheduled handling will be charged an additional handling fee
				  of $20.00.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.104(a)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 9 - Inspection and Copying of Public Records Pursuant to the State Public Records Act › Rule 33-501-9.7 - Method of Payment

Current through June 25, 2024
Fees and charges shall be paid by check or money order made
				  payable to the District or by Visa or MasterCard credit or debit cards. A
				  charge of $40.00 per item will be assessed for checks returned for
				  insufficiency.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.104(a)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 501 - General Administrative Rules of the Yazoo Mississippi Delta Joint Water Management District › Chapter 9 - Inspection and Copying of Public Records Pursuant to the State Public Records Act › Rule 33-501-9.8 - Repeal of Previous Rules and Regulations

Current through June 25, 2024
(a) All previously
				promulgated rules or regulations that are inconsistent with any provisions set
				forth above are hereby repealed.
(b) Conflicts between this regulation and
				existing statutes or statutes hereinafter made relating to access to public
				District records and fees charged shall be resolved in favor of the statute as
				then in effect.
Miss. Code Ann. §
										51-8-27;
				  Miss. Code Ann. §
										25-43-2.104(a)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 502 - Authority and Procedures for Accepting, Reviewing, and Recommending Action on Applications for Permits to Divert or Withdraw for Beneficial Use the Public Waters of the State of Mississippi › Chapter 1 - Procedures for Accepting, Reviewing, and Recommending Action on Applications for Permits to Divert or Withdraw for Beneficial Use the Public Waters of the State of Mississippi › Rule 33-502-1.1 - Accepting Permit Applications

Current through June 25, 2024
Upon receipt of a permit application to divert surface water
				  or withdraw groundwater, staff members within the Yazoo Mississippi Delta Joint
				  Water Management District permitting program will review the permit application
				  and ensure that it is complete, insofar as it contains all information
				  requested and required by the terms of the application, and signed by the
				  appropriate signatories. In the event that the permit applicant fails to
				  provide a fully complete application with appropriate signatures, those staff
				  members may contact the applicant for the needed information to correct minor
				  errors or omissions, or may return the incomplete application to the applicant
				  to address the deficiencies.
Miss. Code Ann. §
										51-8-27
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 502 - Authority and Procedures for Accepting, Reviewing, and Recommending Action on Applications for Permits to Divert or Withdraw for Beneficial Use the Public Waters of the State of Mississippi › Chapter 1 - Procedures for Accepting, Reviewing, and Recommending Action on Applications for Permits to Divert or Withdraw for Beneficial Use the Public Waters of the State of Mississippi › Rule 33-502-1.2 - Complete Applications

Current through June 25, 2024
(a) Upon
				determining that a permit application for a new permit for the diversion of
				surface water or withdrawal of groundwater includes the required information
				and signatures, staff members within the Yazoo Mississippi Delta Joint Water
				Management District permitting program will mail the applicant a prepared
				notice of intent to use waters of the state along with instructions for
				publishing the notice. The applicant shall publish the notice of intent one
				time in a newspaper of general circulation in the county in which the proposed
				well/diversion point will be located. The applicant must pay the expense of the
				publication and must direct the newspaper to forward a proof of publication to
				the Yazoo Mississippi Delta Joint Water Management District permitting program.
				Upon receipt of the proof of publication by the Yazoo Mississippi Delta Joint
				Water Management District permitting program, the application will be
				considered complete.
(b) An
				application for renewal or modification of a permit for diversion or withdrawal
				for beneficial use of public waters of the State of Mississippi, a replacement
				well, or a standby well shall be deemed complete when such staff members
				determine that it contains all information requested and required by the terms
				of the application, and signed by the appropriate signatories.
Miss. Code Ann. §
										51-8-27
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 502 - Authority and Procedures for Accepting, Reviewing, and Recommending Action on Applications for Permits to Divert or Withdraw for Beneficial Use the Public Waters of the State of Mississippi › Chapter 1 - Procedures for Accepting, Reviewing, and Recommending Action on Applications for Permits to Divert or Withdraw for Beneficial Use the Public Waters of the State of Mississippi › Rule 33-502-1.4 - Board Ratification of Staff Recommendations

Current through June 25, 2024
The Board of Commissioners of the Yazoo Mississippi Delta
				  Joint Water Management District shall act on the permit application
				  recommendations for issuance provided by the Yazoo Mississippi Delta Joint
				  Water Management District Permitting Director pursuant to Rule 1.3(a) and (c).
(a) The Board of Commissioners of the
				Yazoo Mississippi Delta Joint Water Management District will review and ratify
				recommendations for permit issuance to the Mississippi Environmental Quality
				Permit Board made by the Permitting Director. Such review and ratification will
				occur at each monthly meeting of the Board of Commissioners immediately
				following the date the recommendation for permit issuance was submitted by the
				Permitting Director to the Mississippi Environmental Quality Permit Board.
Miss. Code Ann. §
										51-8-27
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 502 - Authority and Procedures for Accepting, Reviewing, and Recommending Action on Applications for Permits to Divert or Withdraw for Beneficial Use the Public Waters of the State of Mississippi › Chapter 1 - Procedures for Accepting, Reviewing, and Recommending Action on Applications for Permits to Divert or Withdraw for Beneficial Use the Public Waters of the State of Mississippi › Rule 33-502-1.5 - Electronic Submission of Permit Application Materials

Current through June 25, 2024
Once an application is completed, the staff members within
				  the Yazoo Mississippi Delta Joint Water Management District permitting program
				  will ensure that all application information and documentation has been
				  entered, scanned, and uploaded to the Mississippi Water Information
				  System.
Miss. Code Ann. §
										51-8-27
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 502 - Authority and Procedures for Accepting, Reviewing, and Recommending Action on Applications for Permits to Divert or Withdraw for Beneficial Use the Public Waters of the State of Mississippi › Chapter 1 - Procedures for Accepting, Reviewing, and Recommending Action on Applications for Permits to Divert or Withdraw for Beneficial Use the Public Waters of the State of Mississippi › Rule 33-502-1.6 - Paper Submission of Permit Application Materials

Current through June 25, 2024
Originals of all application materials and documents will be
				  submitted to the Mississippi Department of Environmental Quality by the staff
				  members within the Yazoo Mississippi Delta Joint Water Management District
				  permitting program after such materials and documents have been submitted
				  electronically pursuant to the terms of Rule 1.5 herein. Such submission will
				  occur on a weekly basis.
Miss. Code Ann. §
										51-8-27
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 502 - Authority and Procedures for Accepting, Reviewing, and Recommending Action on Applications for Permits to Divert or Withdraw for Beneficial Use the Public Waters of the State of Mississippi › Chapter 1 - Procedures for Accepting, Reviewing, and Recommending Action on Applications for Permits to Divert or Withdraw for Beneficial Use the Public Waters of the State of Mississippi › Rule 33-502-1.7 - Permit Application Fees

Current through June 25, 2024
For each permit application, except applications for permit
				  modifications, the staff members within the Yazoo Mississippi Delta Joint Water
				  Management District permitting program shall collect the associated application
				  fee, as required by the Mississippi Department of Environmental Quality. The
				  Yazoo Mississippi Delta Joint Water Management District staff will mail a check
				  for the collected application fees to the Mississippi Department of
				  Environmental Quality on a monthly basis.
Miss. Code Ann. §
										51-8-27
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 1 - Administrative › Chapter 01 - Administrative Practices and Procedures for the Department of Revenue › Section 35-1-01-101 - Applicability

Current through June 25, 2024
This Regulation shall be applicable to all matters falling
				  within the jurisdiction of the Mississippi Department of Revenue and the
				  Commissioner except to the extent the laws of the State of Mississippi provide
				  otherwise. This Regulation is in addition to and supplements those statutory
				  provisions which may be applicable.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 1 - Administrative › Chapter 01 - Administrative Practices and Procedures for the Department of Revenue › Section 35-1-01-102 - General Purpose

Current through June 25, 2024
The Department of Revenue regulates most tax matters in the
				  State of Mississippi. The Department's responsibilities also include the
				  regulation of alcoholic beverages, property taxes, motor vehicle tags and
				  titles, issuing permits and certain business registrations. The Department and
				  Commissioner interpret the statutes that they are charged to administer and
				  enforce.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 1 - Administrative › Chapter 01 - Administrative Practices and Procedures for the Department of Revenue › Section 35-1-01-104 - Functional Duties of the Agency

Current through June 25, 2024
The Mississippi Department of Revenue is statutorily
				  responsible for the majority of revenue collection activities for the State.
				  The core functional duties of the Agency are identified as follows:
1. Tax Administration;
2. Compliance enforcement;
3. Wholesale distribution of alcoholic
				beverages;
4. Enforcement of local
				option and prohibition laws;
5.
				Ensuring equalization of statewide property appraisal; and
6. Administration of motor vehicle and title
				laws.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 1 - Administrative › Chapter 01 - Administrative Practices and Procedures for the Department of Revenue › Section 35-1-01-105 - Obtaining Information

Current through June 25, 2024
The purpose of this section is to describe how a taxpayer or
				  an interested person may obtain available information, other than information
				  concerning proposed rules, from the Agency. Copies will be $2.50 for the first
				  page and $0.50 for each additional page per document. Additional research and
				  mailing charges may apply.
1.
				Compliance with Mississippi Public Records Act of 1983.
a. Any person who wishes to inspect or obtain
				a copy of any public record in the possession of the Agency must make a written
				request to the Legal Division of the Agency. The request must describe the
				record sought and whether it is to be provided through personal inspection or
				reproduction. However, all requests for copies of returns and reports should be
				made to the Office that administers the tax in the manner described in
				paragraph 2 below.
b. Upon receipt
				of the request, the Agency shall notify the requesting party of the cost or the
				time and place of access to the public record. The requesting party must then
				forward payment for the costs of producing the records. Every reasonable effort
				will be made to respond to the request within seven (7) working days from the
				receipt of the request if the fee to produce such records has been paid. If the
				Agency is unable to produce a public record by the seventh (7th) working day
				from the date the request was received, the agency will contact the requesting
				party with an explanation of the delay and a notice that the record will be
				produced within fourteen (14) working days from the receipt of the request. By
				mutual agreement of the parties the records may be supplied after fourteen (14)
				working days. Records may not be removed from the Agency for reproduction
				purposes.
c. If the Commissioner
				denies the requesting party access to any record, the requesting party will be
				notified in writing of the basis of the denial within seven (7) working days
				from the receipt of the request.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 1 - Administrative › Chapter 01 - Administrative Practices and Procedures for the Department of Revenue › Section 35-1-01-106 - Adoption of Rules and Regulations › Section 35-1-01-106.01 - Authority to Adopt Rules and Regulations

Current through June 25, 2024
The Commissioner is authorized by statute to promulgate
					 rules and regulations consistent with and complementary to the law in order to
					 enforce the laws administered by the Agency. A rule or regulation is a
					 statement of general applicability that implements, interprets, or prescribes
					 policy, or describes a procedure or practice of the Agency and may include
					 responsibilities that are not specifically required by statute or by an
					 existing rule or regulation. Rules and regulations do not include those items
					 excluded in Miss. Code Ann. Section
					 25-43-1.102(i)
					 from the definition of a rule. The terms rule and regulation are synonymous
					 with each other and the Commissioner uses both terms in referring to the rules
					 promulgated and adopted. The following discussion of the rule-making process
					 applies not only to rules but also to regulations.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 1 - Administrative › Chapter 01 - Administrative Practices and Procedures for the Department of Revenue › Section 35-1-01-106 - Adoption of Rules and Regulations › Section 35-1-01-106.02 - Rule Adoption Process

Current through June 25, 2024
With the exception of emergency rules as outlined herein
					 below, the adoption of a new rule or the amendment of an existing rule is a
					 multi-step process including the following:
1. Drafting the rule or rule amendment.
When the need for a rule or rule amendment is determined, a
					 proposed rule is drafted by Agency personnel for review and discussion with the
					 Commissioner.
2. Preparing
				  an economic impact statement.
a. An estimate
				  of the costs and benefits of implementing and enforcing the proposed rule to
				  the public, the Agency, or any other government entity; an analysis of the
				  effect of the new or amended rule on small businesses and on public health,
				  safety and welfare; an estimate of the anticipated effect on state or local
				  revenues; and a description of any alternative methods that might achieve the
				  same purpose as the new or amended rule will be prepared by the Agency when
				  required and as provided by Miss. Code Ann. Section 25-433.105. A concise
				  summary and the full text of the economic impact statement, if required, will
				  be filed with the Secretary of State for publication along with the
				  Commissioner's notice of intent to adopt a rule or rule amendment. Any
				  additional information that the Agency determines may be useful will be
				  included in the statement.
b. If
				  the economic impact statement reflects that a proposed rule may have an
				  economic effect on small business, the Agency shall submit a copy of the
				  proposed rule and economic impact statement to the Small Business Regulatory
				  Review Committee for review and comment.
c. During the public comment period, any
				  interested party may submit to the Agency contact person identified in the
				  notice of intent to adopt a rule, in writing, any specific concerns about the
				  economic impact statement.