Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2201 - Licensed Professional Counselors, Board of Examiners of › Chapter 3 - Organization › Rule 30-2201-3.3 - Open Meetings Law and Open Records Policy

Current through June 25, 2024
The Mississippi Board of Examiners for Licensed Professional
				  Counselors shall adhere to the Open Meetings Law, Section
				  25-41-3, Miss. Code Ann. (1972) as
				  amended. The following regulation is enacted for the purpose of providing
				  reasonable written procedures concerning the cost, time, place, and method of
				  access, under the provisions of the Mississippi Public Records Act of 1983
				  (Public Records Act) [Sections
				  25-61-1, et. seq.]
It is not intended that these procedures shall apply to any
				  public record or other document which is exempt from the provisions of said Act
				  or not covered by the provisions of the Public Records Act.
Any individual seeking to inspect, copy, or mechanically
				  reproduce or obtain a reproduction of any public record of the Board must make
				  a written request signed by the individual to be mailed to the Executive
				  Director of the Board. 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, title of publication, and other information, which may aid in
				  the locating of the record.
The written request must specify the purpose for obtaining
				  the record that the individual requesting the record 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. The Executive Director, 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 deny access
				  to or production of the records sought within seven (7) working days of the
				  receipt of the request.
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 Executive Director 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. Where possible, nonexempt material will be separated from exempt
				  material and only the exempt material will be withheld.
If the Executive Director determines that the records
				  requested are exempt or privileged under the law, he/she/they shall deny the
				  request and shall send the person making the request a statement of specific
				  reasons for the denial. Such denials shall be kept on file for inspection by
				  any person for three (3) years. The Executive Director 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 request. There shall be a charge of
				  $1.00 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 that actual cost of such activity
				  exceeds the estimate, the Executive Director is authorized to withhold mailing
				  or delivery of said documents or to delay inspection until the difference is
				  paid.
There shall be no charge for inspection of the current Board
				  records maintained at the Board office. Cost of obtaining records from state
				  storage facilities and the search for it shall be charged to the
				  applicant.
The Executive Director may waive any or all of 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. Information regarding the Board's activities, submissions to
				  the Board, and requests of the Board should be made in writing to the Board.
				  Individuals who wish to be included on the Board's agenda must submit a written
				  request to the Board. The Board must receive this request at least ten (10)
				  working days prior to the regularly scheduled Board meeting.
Miss Code
				  Ann. §
										73-30-7(6) (Rev.
				  2018)