Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 14 - Public Records › Rule 30-3301-14.1 - Authority and Purpose

Current through June 25, 2024
(a) "It is the
				policy of the Legislature that public records must be available for inspection
				by any person unless otherwise provided by this act. Furthermore, providing
				access to public records is a duty of each public body and automation of public
				records must not erode the right of access to those records." Section
				25-61-1, Miss. Code of
				1972.
(b) "[A]ll public records are
				hereby declared to be public property, and any person shall have the right to
				inspect, copy or mechanically reproduce or obtain a reproduction of any public
				record of a public body in accordance with reasonable written procedures
				adopted by the public body concerning the cost, time, place and method of
				access, and public notice of the procedures shall be given by the public body."
				Section 25-61-5, Miss. Code of
				1972.
(c) The act defines "public
				record" to include "all books, records, papers, accounts, letters, maps,
				photographs, films, cards, tapes, recordings or reproductions thereof, and any
				other documentary materials, regardless of physical form or characteristics,
				having been used, being in use, or prepared, possessed or retained for use in
				the conduct, transaction or performance of any business, transaction, work,
				duty or function of any public body, or required to be maintained by any public
				body." Section
				25-61-3(b). The
				purpose of these rules is to establish the procedures the Mississippi Autism
				Board will follow in order to provide full access to public records. These
				rules provide information to persons wishing to request access to public
				records of the Mississippi Autism Board and establish processes for both
				requestors and the Board staff that are designed to best assist members of the
				public in obtaining such access.
(d) The purpose of the act is to provide the
				public full access to public records concerning the conduct of government.
				These rules will be interpreted in favor of disclosure. In carrying out its
				responsibilities under the act, the Board will be guided by the provisions of
				the act describing its purposes and interpretation.
(e) Any individual seeking to inspect, copy
				or mechanically reproduce or obtain a reproduction of any public record of the
				board should make a written request, signed by themselves to be mailed to the
				Board Administrator, Mississippi Board of Autism, Post Office Box 20, Jackson,
				MS 39205.
(f) The written request
				must be typed or clearly hand printed on a letter size piece of paper and shall
				specify in detail the public record sought. The request should include, if
				possible, a description of the type of record, dates, title of a publication,
				and other information which may aid in locating the record.
(g) The written request must specify what the
				applicant proposes to do with the record, i.e., inspect, copy, etc. state the
				date and time for the proposed activity; state the number of persons scheduled
				to participate; and shall provide the name, address, and home and office
				telephone number of the applicant.
(h) The Board Administrator, upon receipt of
				any such request, shall review same and determine whether the records sought
				are exempt under the Mississippi Public Records Act, and shall either produce
				records or access to records or deny access to or production of the records
				sought within seven (7) working days from the date of the receipt of the
				request for the production of the record. If the Board is unable to produce a
				public record by the seventh working day after the request is made, the Board
				will provide a written explanation to the person making the request stating
				that the record requested will be produced and specifying with particularity
				why the records cannot be produced within the seven-day period. Unless there is
				a mutual agreement of the parties, in no event shall the date for the Board's
				production of the request records be any later than fourteen (14) working days
				from the receipt of the original request.
(i) All inspection, copying or mechanical
				reproduction shall be done in the offices of the Board or such other reasonable
				place within the State of Mississippi as may be designated by the Board. It
				shall be the duty of the applicant to contact the Board Administrator y by
				phone before noon of the first working day preceding the proposed date set out
				in the application to determine if same is acceptable and, if not, what date
				and/or time will be substituted.
(j) Where possible, nonexempt material will
				be separated from exempt material and only the exempt material will be
				withheld.
(k) If the Board
				Administrator determines that the records requested are exempt or privileged
				under the law, she shall deny the request and shall send the person making the
				request a statement of the specific exemption relied upon by the Board for the
				denial. Such denials shall be kept on file for inspection by any person for
				three (3) years. This file shall be made available for inspection or copying or
				both during regular office hours to any person upon written request.
(l) The Board Administrator is authorized to
				calculate the estimated cost of searching, obtaining from storage, reviewing,
				shipping and/or duplicating records and to require payment in advance of such
				estimated charges prior to complying with the request. There shall be a charge
				of $0.50 per page for each copy. Copies printed on both sides (front &
				back) shall be considered as two pages for copy charge purposes. Mailing cost
				shall be calculated at the applicable rate for each such mailing. If request
				involves notice to be given to a third party, the cost of mailing such notice
				via certified mail return receipt requested shall be charged to the person
				requesting such public records. In the event the actual cost of such activity
				exceeds the estimate, the Board Administrator is authorized to withhold mailing
				or delivery of said documents or to delay the inspection until the difference
				is paid.
(m) There shall be no
				charge for inspection of the current Board's records maintained at the Board
				office. Cost of obtaining records from any state storage facilities and the
				search for it shall be charged to the applicant.
(n) The Board Administrator may waive any or
				all the foregoing requirements related to written notice, time, and method of
				access prepayment of expenses whenever the determination is made that such
				waiver would be in the public interest.
(o) Applications for licensure shall be
				exempt from the provisions of this chapter.
(p) Test questions in the possession that are
				to be used in future license examinations, shall be exempt from the provisions
				of this chapter.
(q)
				Recommendations in the possession of any state board which is authorized to
				hold examinations and grant licenses or certificates to practice any
				profession, respecting any application for a professional license or
				certificate, shall be exempt from the provisions of this chapter.
Miss. Code Ann.
				  §
										73-75-9, Miss. Code Ann. §
										25-61-5, Miss. Code Ann. § 25
				  -61-9, & Miss. Code Ann. §
										73-52-1.