reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 1 - Role of MS Soil and Water Conservation Commission › Rule 2-901-1.3 - Statutory Responsibilities of the Mississippi Soil and Water Conservation Commission

Current through June 25, 2024
The general duties and powers of the Commission as
				  follows:
A. To offer any assistance as
				may be appropriate to the commissioners of soil and water conservation
				districts in the carrying out of their powers and programs.
B. To keep the commissioners of each of the
				districts informed of the activities and experiences of all other districts,
				and to facilitate cooperation between districts.
C. To coordinate the programs of the soil and
				water conservation districts.
D. To
				secure the cooperation and assistance of the United States and any of its
				agencies and of agencies of this state in the work of districts.
E. To disseminate information concerning the
				activities and programs of the soil and water conservation districts, and to
				encourage the formation of districts.
F. To seek and receive grants of monies, and
				other assets, from any source to carry out its duties and
				responsibilities.
G. To distribute
				any appropriated or other funds or assets under its control from state, federal
				or other governmental agencies or political subdivisions, or from private
				grants, including matching funds to districts.
H. To establish and administer qualification
				standards for district commissioners and officers.
I. To give guidance and overall supervision
				to districts when requested, or acceptable.
J. To study, classify and evaluate land use
				needs and problems in the State of Mississippi; to make recommendations leading
				to adoption of land use policy and broad guidelines for meeting the needs and
				problems so identified.
K. To
				demonstrate to landowners and operators within the state, equipment that will
				demonstrate energy and soil and water conservation.
L. To enter into and to authorize the
				executive director to execute with the approval of the Commission, contracts,
				grants, cooperative agreements and memoranda of understanding with any federal
				or state agency or subdivision thereof, or any public or private institution
				location inside or outside the State of Mississippi, or any person, corporation
				or association in connection with carrying out the Commission powers and
				duties.
M. To cooperate with the
				Commission on Environmental Quality in addressing agricultural nonpoint source
				pollution.
Miss. Code Ann.
				  §§
										69-27-13,
				  49-17-13(1972)
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 1 - Role of MS Soil and Water Conservation Commission › Rule 2-901-1.4

Current through June 25, 2024
The mission of the Mississippi Soil and Water conservation
				  Commission is to effectively guide and promote the conservation, development,
				  protection and proper utilization of the soil, water and related resources of
				  the state.
Miss Code Ann. §
										69-27-9
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 1 - Role of MS Soil and Water Conservation Commission › Rule 2-901-1.5 - Commission Working Relations with Soil and Water Conservation Districts, Mississippi Association of Conservation Districts and United States Department of Agriculture/Natural Resources Conservation Service

Current through June 25, 2024
The primary objective of the Commission, districts,
				  association and the USDA/NRCS is soil and water conservation. The organizations
				  compliment and supplement each other by maintaining good communication, having
				  common goals and priorities, and sharing available resources such as technical
				  and financial assistance and equipment, material and resource data. The working
				  relationship is mostly volunteer and requires the exercise of special skills of
				  those involved. The working relationship with soil and water conservation
				  districts is in a different setting because of the powers of the Commission
				  related to the districts. The commission offers a wide range of assistance to
				  districts but has very limited authority to direct district commissioners as to
				  what they must do. The Commission's objective is to be a team player in
				  carrying out a soil and water conservation program in this
				  state.
Miss Code Ann. §
										69-27-13
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 2 - Oral Proceedings on Proposed Rules › Rule 2-901-2.1

Current through June 25, 2024
This rule applies to all oral proceedings held for the
				  purpose of providing the public with an opportunity to make oral presentations
				  on proposed rules and amendments to rules before the
				  Commission.
Miss. Code Ann. §
										25-43-3.104(1972)
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 2 - Oral Proceedings on Proposed Rules › Rule 2-901-2.2 - When Oral Proceedings will be Scheduled on Proposed Rule

Current through June 25, 2024
The Commission will conduct an oral proceeding on a proposed
				  rule or amendment if requested by a political subdivision, an agency or ten
				  (10) persons in writing within twenty (20) days after the filing of the notice
				  of the proposed rule.
Each request must be printed or typewritten, must be in
				  legible handwriting. Each request must be submitted on standard business
				  letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a
				  letter addressed to the Commission and signed by the
				  requestor(s).
Miss Code Ann. §
										25-43-3.104(1972)
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 2 - Oral Proceedings on Proposed Rules › Rule 2-901-2.3 - Notification of Oral Proceeding

Current through June 25, 2024
The date, time and place of all oral proceedings shall be
				  filed with the Secretary of State's office and mailed to each requestor. The
				  oral proceedings will be scheduled no earlier than twenty (20) days from the
				  filing of this information with the Secretary of State.
Miss. Code Ann. §
										25-43-3.104(1972)
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 2 - Oral Proceedings on Proposed Rules › Rule 2-901-2.4 - Public Presentations and Participation

Current through June 25, 2024
The Commissioner, or his designee, who is familiar with the
				  substance of the proposed rule, shall preside at the oral proceeding on a
				  proposed rule.
A. At an oral
				proceeding on a proposed rule, persons may make oral statements and make
				documentary and physical submissions, which may include data, views, comments
				or arguments concerning the proposed rule.
B. Persons wishing to make oral presentations
				at such a proceeding shall notify the Commission at least one business day
				prior to the proceeding and indicate the general object of their presentations.
				The presiding officer in his or her discretion may allow individuals to
				participate that have not previously contacted the Commission.
C. At the proceeding, those who participate
				shall indicate their names and addresses, identify any persons or organizations
				they may represent, and provide any information relating to their participation
				deemed appropriate by the presiding officer.
D. The presiding officer may place time
				limitations on individual oral presentations when necessary to assure the
				orderly and expeditious conduct of the oral proceeding. To encourage joint oral
				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
				oral presentations are encouraged to avoid restating matters that have already
				been submitted in writing.
F. There
				shall be no interruption of a participant who has been given the floor by the
				presiding officer, except that the presiding officer may in his or her
				discretion interrupt or end the participant's time where the orderly conduct of
				the proceeding so require.
Miss Code Ann §
										25-43-3.104(1972)
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 2 - Oral Proceedings on Proposed Rules › Rule 2-901-2.5 - Conduct of Oral Proceeding

Current through June 25, 2024
A. Presiding
				officer. The presiding officer shall have authority to conduct the proceeding
				in his or her discretion for the orderly conduct of the proceeding. The
				presiding officer shall:
I. Call proceeding
				to order;
II. Give a brief synopsis
				of the proposed rule, a statement of the statutory authority for the proposed
				rule, and the reasons provided by the Commission for the proposed rule;
Call on those individuals who have contacted the Commission
				  about speaking on
III. or
				against the proposed rule;
IV.
				Allow for rebuttal statements following all participants' comments;
V. Adjourn the meeting.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 3 - Declaratory Opinions › Rule 2-901-3.1

Current through June 25, 2024
These rules set for the Mississippi Soil and Water
				  Conservation Commission's, hereinafter "Commission", rules governing the form
				  and content of requests for declaratory opinions, and the Commission's
				  procedures regarding the requests, as required Mississippi Code Section
				  25-43-2.103.
				  The rules are intended to supplement and be read in conjunction with the
				  provisions of the Mississippi Administrative Procedures Law, which may contain
				  additional information regarding the issuance of declaratory opinions. In the
				  event of any conflict between these rules and the Mississippi Administrative
				  Procedures Law, the latter shall govern.
Miss. Code Ann. §
										25-43-2.103
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 3 - Declaratory Opinions › Rule 2-901-3.2 - Persons Who May Request Declaratory Opinions

Current through June 25, 2024
Any person with a substantial interest in the subject matter
				  may request a declaratory opinion from the Commission by following the
				  specified procedures. "Substantial interest in the subject matter" means: an
				  individual, business, group or other entity that is directly affected by the
				  Commission's administration of the laws within its primary jurisdiction.
				  "Primary jurisdiction of the Commission" means the Commission has a
				  constitutional or statutory grant of authority in the subject matter at issue.
				  The Commission will issue declaratory opinions regarding the applicability to
				  specified facts:
A. A statute
				administered or enforceable by the Commission or;
B. A rule promulgated by the Commission.
The Commission will not issue a declaratory opinion regarding
				  a statute or rule which is outside the primary jurisdiction of the
				  agency.
Miss Code Ann. §
										69-27-9
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 3 - Declaratory Opinions › Rule 2-901-3.3 - Circumstances in Which Declaratory Opinions Will Not be Issued

Current through June 25, 2024
The Commission may, for good cause, refuse to issue a
				  declaratory opinion. The circumstances in which declaratory opinions will not
				  be issued include, but are not limited to:
A. Lack of clarity concerning the question
				presented;
B. There is pending or
				anticipated litigation, administrative action, or other adjudication which may
				either answer the question presented by the request or otherwise make the
				answer unnecessary;
C. The statute
				or rule on which a declaratory opinion is sought is clear and not in need of
				interpretation to answer the question presented by the request;
D. The facts presented in the request are not
				sufficient to answer the question presented;
E. The request fails to contain information
				required by these rules or the requestor failed to follow the procedure set
				forth in these rules;
F. 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
				statute or rule on which a declaratory opinion is sought.
G. 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 or
				rule;
H. The question presented by
				the request concerns the legal validity of a statute or a rule;
I. 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;
J. No clear answer is determinable;
K. The question presented by the request
				involves the application of a criminal statute or set of facts which may
				constitute a crime;
L. The answer
				to the question presented would require the disclosure of information which is
				privileged or otherwise protected by law from disclosure;
M. The question is currently the subject of
				an Attorney General's opinion request or has been answered by an Attorney
				general's opinion;
N. A similar
				request is pending before the Commission 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 an unauthorized
				practice of law;
O. Where issuance
				of a declaratory opinion may adversely affect the interests of the State, the
				Commission or any of their officers or employees in any litigation which is
				pending or may reasonably be expected to arise;
P. The question involve eligibility for a
				license, permit, certificate or other approval by the Commission or some other
				agency, and there is a statutory or regulatory application process by which
				eligibility for said license, permit, certificate or other approval would be
				determined.
Miss. Code Ann. §
										69-27-9
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 3 - Declaratory Opinions › Rule 2-901-3.4 - Written Request Required

Current through June 25, 2024
Each request must be printed or typewritten, or must be in
				  legible handwriting. Each request must be submitted on standard business
				  letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a
				  letter addressed to the Commission. All requests must be mailed, delivered or
				  transmitted via facsimile to the following:
Mississippi Soil and Water Conservation Commission
680 Monroe Street, Suite B
Jackson, MS 39202
Fax number (601) 354-6628.
The request shall clearly state that it is a request for a
				  declaratory opinion. No oral, telephone requests or email requests will be
				  accepted for official opinions. 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, who 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 other administrative or
				  judicial tribunal.
Miss Code Ann. §
										69-27-9
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 3 - Declaratory Opinions › Rule 2-901-3.5 - Question Presented

Current through June 25, 2024
Each request shall contain the following:
A. A clear and concise statement of all facts
				on which the opinion is requested;
B. A citation to the statute or rule at
				issue;
C. The question(s) sought to
				be answered in the opinion, stated clearly;
D. A suggested proposed opinion from the
				requestor, stating answers desired by petitioner and a summary of the reasons
				in support of those answers;
E. The
				identity of all other known persons involved in or impacted by the described
				factual situation, including their relationship to the facts, name, mailing
				address and telephone number;
F. A
				statement to show that the person seeking the opinion has a substantial
				interest in the subject matter.
Miss. Code Ann. §
										69-27-9
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 3 - Declaratory Opinions › Rule 2-901-3.6 - Time for Commission's Response

Current through June 25, 2024
Within forty-five (45) days after receipt of a request for a
				  declaratory opinion which complies with the requirements of these rules, the
				  Commission shall, in writing:
A. Issue
				a declaratory opinion regarding the specified statute or rule as applied to the
				specified circumstances;
B. Decline
				to issue a declaratory opinion, stating the reason for its action; or
C. Agree to issue a declaratory opinion by a
				specified time but not later than ninety (90) days after receipt of the written
				request;
The forty-five (45) day period shall begin running on the
				  first State of Mississippi business day on or after the request is received by
				  the Commission, whichever is sooner.
Miss. Code Ann.
				  69-27-9
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 3 - Declaratory Opinions › Rule 2-901-3.7 - Opinion Not Final for Sixty Days

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 Commission 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 legal or factual
				  error.
Miss. Code Ann. §
										69-27-9
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 3 - Declaratory Opinions › Rule 2-901-3.8 - Notice by Commission to Third Parties

Current through June 25, 2024
The Commission may give notice to any person, agency or
				  entity that a declaratory opinion has been requested and may receive and
				  consider data, facts, arguments, and opinions from other persons, agencies or
				  other entities other than the requestor.
Miss. Code Ann. §
										69-27-9
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 901 - MSWCC Method of Operation › Chapter 3 - Declaratory Opinions › Rule 2-901-3.9 - Public Availability of Requests and Declaratory Opinions

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
				  shall be available for public inspection and copying in accordance with the
				  Public records Act and the Commission's public records request procedure. 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
				  and other laws shall be exempt from this requirement and shall remain
				  confidential. The Commission will not pursue any civil, criminal or
				  administrative action against a person who is issued a declaratory opinion from
				  the Commission and who, in good faith, follows the direction of the opinion and
				  acts in accordance therewith unless a court of competent jurisdiction holds
				  that the opinion is manifestly wrong. Any declaratory opinion rendered by the
				  Commission shall be binding only on the Commission and the person to whom the
				  opinion is issued. No declaratory opinion will be used as precedent for any
				  other transaction or occurrence beyond that set forth by the requesting
				  person.
Miss Code Ann. §
										69-27-9
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 902 - MSWCC Commissioner Elections and Appointments › Chapter 1 - Election and Appointment Process for Commissioners › Rule 902-1-1.1 - Election and Appointment of Commissioners

Current through June 25, 2024
The quality and quantity of leadership provided by the
				  Commissioners determines the success of the districts in developing and
				  implementing an effective soil and water conservation program. The Commission
				  recognizes that the election and appointment of commissioners are extremely
				  important.
The Soil and Water Conservation District law states:
...The Commission shall pay all the expenses of such
				  elections; shall supervise conduct thereof; shall prescribe regulations
				  governing the conduct of such elections and the determination of the
				  eligibility of voters therein; and shall publish the results of same...
In order to most effectively carry out these duties, the
				  Commission recognizes that the local commissioners and their employees can
				  provide a most valuable service, even though they do not have any legal
				  authority or responsibility.
The Commission will depend upon the commissioners to provide
				  assistance in carrying out the election and appointment of commissioners. This
				  assistance will help to assure that all elections and appointments are handled
				  in accordance with the law as well as with the policies of the Commission and
				  also help to recruit qualified individuals to serve as commissioners. Each
				  prospective commissioner must sign the "Prospective Commissioner Agreement"
				  which is located on the back of the Nominating Petition (ELC-3) (Exhibit 3) and
				  Appointment Form (Exhibit 9). It is most important that the prospective
				  commissioner has a general understanding of the authorities and duties of a
				  commissioner before he/she agrees to be nominated or recommended.
In the election process the Commission will work primarily
				  with a "contact person" who is appointed by the board of SWCD Commissioners.
This person must be an appointed commissioner.
The
				  responsibilities of the "contact person" will be provided to him/her by the
				  Commission (Exhibit 8). The Commission office has qualified employees available
				  who will provide assistance to districts in the election and appointment of
				  commissioners.
Miss. Code Ann. §
										69-27-31
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 902 - MSWCC Commissioner Elections and Appointments › Chapter 1 - Election and Appointment Process for Commissioners › Rule 902-1-1.2 - The Election Process Phase I

Current through June 25, 2024
The Commission will authorize the election to be conducted
				  and will notify the contact person and the district at least seventy-five (75)
				  days before the expiration of the elected commissioner's term. Brief
				  instructions and the necessary forms will be sent to the district office in
				  order to carry out Phase I of the election process.
A. Before the Commission can begin the
				election process, the district must decide and inform the Commission of their
				election date.
B. After the
				Commission is informed of the election date, the Commission will publish the
				Nominating Notice (ELC-1) (Exhibit 1) in a newspaper with district wide
				coverage, at least sixty (60) days prior to the election date. This will notify
				the public that the district will be accepting nominating petitions for
				approximately twenty (20) days.
C.
				The district must send the Nominating Petitions (ELC-3) (Exhibit 3) to the
				Commission office at least thirty (30) days before the election date. The
				district needs to fill in the top portion of the Nominating Petition and
				discuss the agreement on the back of the form with the prospective
				commissioner. It is extremely important that the prospective commissioner
				understand that he/she is making a firm commitment to spend the time and effort
				necessary to carry out the responsibilities as set forth by the Mississippi
				Soil and Water Conservation Commission. The Nominating Petition will not be
				accepted without the signatures of the nominee and twenty-five (25) or more
				owners of land lying within the boundaries of the district. Landowners may sign
				more than one such nominating petition to nominate more than one candidate for
				commissioner. However, in no event shall a landowner sign more than three (3)
				such nominating petitions. Not more than one commissioner shall be a resident
				of any one supervisor's beat, unless there is no person qualified and willing
				to serve in another beat. If the latter is the case, the district must write a
				letter to the Commission stating that this is, in fact, the situation. The
				nominee must be a person who is a landowner and/or operator within the
				geographical area of the district, and must be qualified to carry out the
				authority and responsibility of the office.
D. The district must notify the Commission of
				their voting places (at least one per beat) and voting hours in sufficient time
				for the Commission to publish the Election Notice (ELC-2) (Exhibit 2). The
				Commission will publish the Election Notice (ELC-2) (Exhibit 2) three (3)
				times, with an interval of seven (7) days between each publication, in a
				newspaper with district wide coverage approximately thirty (30) days prior to
				the election date.
Miss. Code Ann.
				  §§
										69-27-9,
				  69-27-31
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 902 - MSWCC Commissioner Elections and Appointments › Chapter 1 - Election and Appointment Process for Commissioners › Rule 902-1-1.3 - The Election Process Phase II

Current through June 25, 2024
A. The Commission
				will prepare and send all necessary materials to the district for holding an
				election; ballots, Register of Voters (ELC-4) (Exhibit 4), Statement of
				Certification (ELC-5) (Exhibit 5), and the Election Results (ELC-6) (Exhibit
				6).
B. The contact person will be
				responsible for distributing the materials to each voting place and discussing
				with the election judge their responsibilities as stated on the Statement of
				Certification (ELC-5) (Exhibit 5). It is preferred that the materials for each
				voting place be delivered and picked up the same day of the election. No
				candidate may attempt to influence a voter's decision within thirty (30) feet
				of the voting place. Only owners of land lying within the district shall be
				eligible to vote, and each landowner may vote for three candidates. Voting
				hours should be the regular voting hours established by the State or the normal
				business hours of the voting place. No write-in candidates will be
				accepted.
C. The contact person
				will be responsible for picking up the sealed ballot boxes containing the
				ballots, Register of Voters (ELC-4) (Exhibit 4), Statement of Certification
				(ELC-5) (Exhibit 5), and all unused materials from each voting place.
D. At a designated place open to all
				candidates, the contact person will be responsible for tabulation of the votes
				from each voting place and recording the results of the voting on the Report of
				the Election Results (ELC-6) (Exhibit 6). Any candidate or representative may
				be present during the vote tabulation. The contact person is also responsible
				for mailing the Register of Voters (ELC-4) (Exhibit 4), Statement of
				Certification (ELC-5) (Exhibit 5), and the Report of Election Results (ELC-6)
				(Exhibit 6) to the Commission as soon as possible.
E. The Commission will approve or disapprove
				the election and establish the date the three (3) year term of office begins.
				The candidates who receive the majority of votes cast shall be the elected
				commissioners. A run-off election shall be held two weeks later should one
				candidate in a beat not receive a majority of the votes.
F. The Commissioners elected will be duly
				notified and provided with identification cards.
G. The Commission will publish the notice of
				Result of Election (ELC-7) (Exhibit 7) in a newspaper with district-wide
				coverage.
H. The Commission shall
				pay all expenses for conducting the election.
I. A copy of all materials related to the
				election process must be maintained in the district file for three (3)
				years.
Miss. Code Ann.
				  §§
										69-27-9,
				  69-27-31
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 902 - MSWCC Commissioner Elections and Appointments › Chapter 1 - Election and Appointment Process for Commissioners › Rule 902-1-1.4 - Election Contests and Right of Appeal

Current through June 25, 2024
Any unsuccessful candidate for district commissioner, being
				  aggrieved by the conduct of the election, may, within ten (10) days after the
				  election, file with the Commission a petition protesting said election,
				  specifying in detail the alleged irregularity or violation of election
				  procedures, with a duplicate copy to be filed with the district board. Within
				  twenty (20) days thereafter, the contact person shall provide the Commission
				  with a written response to the petition, along with all papers, documents and
				  other available evidence regarding the conduct of the challenged election, all
				  certified to be true and correct. The Commission shall fix a time for a hearing
				  on the challenge, and provide notice to the petitioner and contact person of
				  such hearing. When the matter shall come on for hearing the Commission shall
				  receive and consider all evidence regarding the alleged irregularity, and shall
				  consider and decide the matter fully and finally according to these regulations
				  and applicable laws of the State of Mississippi. The Commission may cause
				  witnesses to be sworn by one of its members, or by any other authority
				  competent to administer oaths.
The Commission shall be the sole judge of all questions
				  arising incident to or connected with such election, and shall order a new
				  election in the event it determines, by a majority vote of the Commission, that
				  a material violation or irregularity has occurred.
In the event the Commission shall fail to promptly meet and
				  rule on such contested election, or shall fail to give with reasonable
				  promptness the full relief required by the facts and the law, the contestant
				  shall have the right forthwith to file in the circuit court of the county
				  wherein the irregularities are charged to have occurred a sworn copy of their
				  said protest or complaint.
Miss. Code Ann.
				  §§
										21-29-11,
				  23-15-927.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 902 - MSWCC Commissioner Elections and Appointments › Chapter 1 - Election and Appointment Process for Commissioners › Rule 902-1-1.5 - Appointment of Commissioners

Current through June 25, 2024
A. Two members of
				each board of commissioners are appointed by the MS Soil and Water Conservation
				Commission. The qualifications, authorities, duties, term of office, etc., are
				the same as for an elected commissioner, with the exception of residency. An
				appointed commissioner need only be a resident and/or operator within the SWCD
				they represent. As with the election of commissioners, the Commission will
				depend heavily upon the district commissioners for assistance.
B. Approximately seventy-five (75) days
				before the expiration of the commissioner's term of office, the Commission will
				notify the district. The notification will show the name of the Commissioner
				and the date his/her term of office expires and the beat for which the
				appointment is to be made. Included with the notification will be the
				Appointment Recommendation Form (Exhibit 9).
C. The agreement on this form should be
				discussed with the nominee, who must sign and date the form if he/she agrees to
				be recommended.
D. The majority of
				the district commissioners must approve the recommendation and enter the
				decision in the official minutes of the Board.
E. The recommendation should be sent to the
				Commission office.
F. The
				Commission will approve or disapprove the recommendation; if approved, the term
				of office will be established.
G.
				The Commission will notify the commissioner about his/her appointment and
				provide him/her an identification card.
H. A copy of the appointment information must
				be maintained in the district file for at least three (3) years.
Miss. Code Ann.
				  §§§
										69-27-9,
				  69-27-31,
				  69-27-33
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 902 - MSWCC Commissioner Elections and Appointments › Chapter 2 - Oath of Office for Commissioners › Rule 2-902-2.1

Current through June 25, 2024
A. Implement the requirements prescribed by
				the Constitution and the Mississippi Code relating to appointed and elected
				officials. (Exhibit 11)
B. Provide
				for an intense commitment to discharge the duties and responsibilities of the
				office of district commissioner and a greater appreciation for the dignity of
				the office.
Miss Code Ann. §
										69-27-9
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 902 - MSWCC Commissioner Elections and Appointments › Chapter 2 - Oath of Office for Commissioners › Rule 2-902-2.2

Current through June 25, 2024
A. Each person prior to assuming the office
				of elected or appointed district commissioner shall take the oath of office
				prescribed by the Mississippi Code.
B. Certification that the oath of office has
				been administered shall be filed in the Commission office at the beginning of
				the term of office.
C. Any person
				who has not "qualified" for the office by taking the oath of office to cover
				the appropriate term of office, shall be ineligible to participate in official
				actions of the district board and shall be ineligible for reimbursement for
				travel and related expenses.
Miss Code Ann. §
										69-27-9
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 902 - MSWCC Commissioner Elections and Appointments › Chapter 3 - Commissioner Resignations › Rule 2-902-1 - A commissioner who resigns must submit a written letter of resignation to the Commission › Rule 2-902-1.1 - Election and Appointment of Commissioners

Current through June 25, 2024
The quality and quantity of leadership provided by the
					 Commissioners determines the success of the districts in developing and
					 implementing an effective soil and water conservation program. The Commission
					 recognizes that the election and appointment of commissioners are extremely
					 important.
The Soil and Water Conservation District law states:
...The Commission shall pay all the expenses of such
					 elections; shall supervise conduct thereof; shall prescribe regulations
					 governing the conduct of such elections and the determination of the
					 eligibility of voters therein; and shall publish the results of same...
In order to most effectively carry out these duties, the
					 Commission recognizes that the local commissioners and their employees can
					 provide a most valuable service, even though they do not have any legal
					 authority or responsibility.
The Commission will depend upon the commissioners to
					 provide assistance in carrying out the election and appointment of
					 commissioners. This assistance will help to assure that all elections and
					 appointments are handled in accordance with the law as well as with the
					 policies of the Commission and also help to recruit qualified individuals to
					 serve as commissioners. Each prospective commissioner must sign the
					 "Prospective Commissioner Agreement" which is located on the back of the
					 Nominating Petition (ELC-3) (Exhibit 3) and Appointment Form (Exhibit 9). It is
					 most important that the prospective commissioner has a general understanding of
					 the authorities and duties of a commissioner before he/she agrees to be
					 nominated or recommended.
In the election process the Commission will work primarily
					 with a "contact person" who is appointed by the board of SWCD Commissioners.
This person must be an appointed commissioner.
The
					 responsibilities of the "contact person" will be provided to him/her by the
					 Commission (Exhibit 8). The Commission office has qualified employees available
					 who will provide assistance to districts in the election and appointment of
					 commissioners.
Miss. Code Ann.
					 §
											69-27-31
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 902 - MSWCC Commissioner Elections and Appointments › Chapter 3 - Commissioner Resignations › Rule 2-902-1 - A commissioner who resigns must submit a written letter of resignation to the Commission › Rule 2-902-1.3 - The Election Process Phase II

Current through June 25, 2024
A. The Commission
				  will prepare and send all necessary materials to the district for holding an
				  election; ballots, Register of Voters (ELC-4) (Exhibit 4), Statement of
				  Certification (ELC-5) (Exhibit 5), and the Election Results (ELC-6) (Exhibit
				  6).
B. The contact person will be
				  responsible for distributing the materials to each voting place and discussing
				  with the election judge their responsibilities as stated on the Statement of
				  Certification (ELC-5) (Exhibit 5). It is preferred that the materials for each
				  voting place be delivered and picked up the same day of the election. No
				  candidate may attempt to influence a voter's decision within thirty (30) feet
				  of the voting place. Only owners of land lying within the district shall be
				  eligible to vote, and each landowner may vote for three candidates. Voting
				  hours should be the regular voting hours established by the State or the normal
				  business hours of the voting place. No write-in candidates will be
				  accepted.
C. The contact person
				  will be responsible for picking up the sealed ballot boxes containing the
				  ballots, Register of Voters (ELC-4) (Exhibit 4), Statement of Certification
				  (ELC-5) (Exhibit 5), and all unused materials from each voting place.
D. At a designated place open to all
				  candidates, the contact person will be responsible for tabulation of the votes
				  from each voting place and recording the results of the voting on the Report of
				  the Election Results (ELC-6) (Exhibit 6). Any candidate or representative may
				  be present during the vote tabulation. The contact person is also responsible
				  for mailing the Register of Voters (ELC-4) (Exhibit 4), Statement of
				  Certification (ELC-5) (Exhibit 5), and the Report of Election Results (ELC-6)
				  (Exhibit 6) to the Commission as soon as possible.
E. The Commission will approve or disapprove
				  the election and establish the date the three (3) year term of office begins.
				  The candidates who receive the majority of votes cast shall be the elected
				  commissioners. A run-off election shall be held two weeks later should one
				  candidate in a beat not receive a majority of the votes.
F. The Commissioners elected will be duly
				  notified and provided with identification cards.
G. The Commission will publish the notice of
				  Result of Election (ELC-7) (Exhibit 7) in a newspaper with district-wide
				  coverage.
H. The Commission shall
				  pay all expenses for conducting the election.
I. A copy of all materials related to the
				  election process must be maintained in the district file for three (3)
				  years.
Miss. Code Ann.
					 §§
											69-27-9,
					 69-27-31
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 902 - MSWCC Commissioner Elections and Appointments › Chapter 3 - Commissioner Resignations › Rule 2-902-1 - A commissioner who resigns must submit a written letter of resignation to the Commission › Rule 2-902-1.4 - Election Contests and Right of Appeal

Current through June 25, 2024
Any unsuccessful candidate for district commissioner,
					 being aggrieved by the conduct of the election, may, within ten (10) days after
					 the election, file with the Commission a petition protesting said election,
					 specifying in detail the alleged irregularity or violation of election
					 procedures, with a duplicate copy to be filed with the district board. Within
					 twenty (20) days thereafter, the contact person shall provide the Commission
					 with a written response to the petition, along with all papers, documents and
					 other available evidence regarding the conduct of the challenged election, all
					 certified to be true and correct. The Commission shall fix a time for a hearing
					 on the challenge, and provide notice to the petitioner and contact person of
					 such hearing. When the matter shall come on for hearing the Commission shall
					 receive and consider all evidence regarding the alleged irregularity, and shall
					 consider and decide the matter fully and finally according to these regulations
					 and applicable laws of the State of Mississippi. The Commission may cause
					 witnesses to be sworn by one of its members, or by any other authority
					 competent to administer oaths.
The Commission shall be the sole judge of all questions
					 arising incident to or connected with such election, and shall order a new
					 election in the event it determines, by a majority vote of the Commission, that
					 a material violation or irregularity has occurred.
In the event the Commission shall fail to promptly meet and
					 rule on such contested election, or shall fail to give with reasonable
					 promptness the full relief required by the facts and the law, the contestant
					 shall have the right forthwith to file in the circuit court of the county
					 wherein the irregularities are charged to have occurred a sworn copy of their
					 said protest or complaint.
Miss. Code Ann.
					 §§
											21-29-11,
					 23-15-927.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 902 - MSWCC Commissioner Elections and Appointments › Chapter 3 - Commissioner Resignations › Rule 2-902-1 - A commissioner who resigns must submit a written letter of resignation to the Commission › Rule 2-902-1.5 - Appointment of Commissioners

Current through June 25, 2024
A. Two members of
				  each board of commissioners are appointed by the MS Soil and Water Conservation
				  Commission. The qualifications, authorities, duties, term of office, etc., are
				  the same as for an elected commissioner, with the exception of residency. An
				  appointed commissioner need only be a resident and/or operator within the SWCD
				  they represent. As with the election of commissioners, the Commission will
				  depend heavily upon the district commissioners for assistance.
B. Approximately seventy-five (75) days
				  before the expiration of the commissioner's term of office, the Commission will
				  notify the district. The notification will show the name of the Commissioner
				  and the date his/her term of office expires and the beat for which the
				  appointment is to be made. Included with the notification will be the
				  Appointment Recommendation Form (Exhibit 9).
C. The agreement on this form should be
				  discussed with the nominee, who must sign and date the form if he/she agrees to
				  be recommended.
D. The majority of
				  the district commissioners must approve the recommendation and enter the
				  decision in the official minutes of the Board.
E. The recommendation should be sent to the
				  Commission office.
F. The
				  Commission will approve or disapprove the recommendation; if approved, the term
				  of office will be established.
G.
				  The Commission will notify the commissioner about his/her appointment and
				  provide him/her an identification card.
H. A copy of the appointment information must
				  be maintained in the district file for at least three (3) years.
Miss. Code Ann.
					 §§§
											69-27-9,
					 69-27-31,
					 69-27-33
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 902 - MSWCC Commissioner Elections and Appointments › Chapter 4 - Criteria for SWCD Commissioners › Rule 2-902-4.1 - The Soil and Water Conservation District law states

Current through June 25, 2024
The Soil and Water Conservation District law states:
... the commissioners shall be persons who are landowners
				  and/or operators within the geographical areas of the district qualified to
				  perform the specialized skilled services which will be required of them in the
				  performance of their duties hereunder, and able to attend all
				  meetings...
The Commission believes that a commissioner must attend 75%
				  of the regularly scheduled Board of Commissioners meetings in order to be in
				  keeping with the interest of the law and carry out his/her responsibilities.
				  Therefore, the Commission will not look with favor upon the reelection or
				  reappointment of a commissioner who does not meet this requirement.
In addition to the preceding requirement, there are other
				  desirable characteristics for a good commissioner which should be given special
				  attention during the election and appointment process. An individual who is
				  seeking reelection or reappointment as a commissioner should demonstrate that
				  he/she has...
A. A good knowledge of
				the authorities and duties of a commissioner and the acceptance of these
				requirements.
B. Leadership
				qualities, including initiative, innovation, salesmanship, positive thinking,
				enthusiasm, trustworthiness, progressive attitudes, dependability, the
				instincts of a team player, and skills in working with people.
C. Good understanding of the district's soil
				and water conservation program and active assistance in carrying it
				out.
D. The time to devote to the
				affairs of the district.
E.
				Administrative and managerial ability, including decision making.
F. Good knowledge of the local soil and water
				conservation problems or needs and the belief that the solution to them is
				extremely important.
G. The ability
				to express himself/herself before the public.
H. If a farmer, a good conservation program
				on his/her farm.
The elected or appointed commissioner should use the
				  preceding criteria to make a self-evaluation of his/her performance as a
				  commissioner and based upon the findings, should decide whether or not to be a
				  candidate for reelection or reappointment.
Miss. Code Ann. §
										69-27-9
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 902 - MSWCC Commissioner Elections and Appointments › Chapter 4 - Criteria for SWCD Commissioners › Rule 2-902-4.2 - Qualification Standards and Rules for Deputy Commissioners

Current through June 25, 2024
The Mississippi Soil and Water Conservation Commission is
				  authorized by state law to establish and administer qualification standards and
				  establish terms of office for deputy commissioners. The following qualification
				  standards are in keeping with this authority and responsibility.
A. Landowner and/or operator.
B. Resides in the supervisor beat he/she will
				represent.
C. Qualified to perform
				the specialized, skilled services which will be required of him/her in
				performing duties of a deputy commissioner.
D. Able to attend all meetings.
E. Indicates a desire to be a deputy
				commissioner and intends to carry out the duties as established.
Miss. Code Ann. §
										69-27-9