reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 603 - Declaratory Opinion Rules › Chapter 1 - Declaratory Opinion Rules › Rule 2-603-8.7 - Reasons for Refusal of Declaratory Opinion Request

Current through June 25, 2024
The Forestry 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 necessarily limited to:
A. The matter is outside the primary
				jurisdiction of the Forestry Commission;
B. Lack of clarity concerning the question
				presented;
C. There is pending or
				anticipated litigation, administrative action or anticipated 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 or is certain to
				arise which raises 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;
O. The question has been answered by an
				Attorney General's opinion;
P. One
				or more requestors have standing to seek an Attorney General's opinion on the
				proffered question;
Q. 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; or
R. The question
				involves eligibility for a license, permit, certificate or other approval by
				the Forestry Commission 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.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 603 - Declaratory Opinion Rules › Chapter 1 - Declaratory Opinion Rules › Rule 2-603-8.8 - Agency Response

Current through June 25, 2024
Within forty-five (45) days after the receipt of a request
				  for a declaratory opinion which complies with the requirements of these rules,
				  the Forestry Commission shall, in writing:
A. Issue an opinion declaring the
				applicability of the statute, rule, or order to the specified
				circumstances;
B. Agree to issue a
				declaratory opinion by a specified time but no later than ninety (90) days
				after receipt of the written request; or
C. Decline to issue a declaratory opinion,
				stating the reasons for its action. The forty-five (45) day period shall begin
				on the first business day after which the request is received by the Forestry
				Commission.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 603 - Declaratory Opinion Rules › Chapter 1 - Declaratory Opinion Rules › Rule 2-603-8.9 - Availability of Declaratory Opinions and Requests for Opinions

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
				  shall be available for public inspection and copying at the expense of the
				  viewer during normal business hours. All declaratory opinions and requests
				  shall be indexed by name, subject, and date of issue. Declaratory opinions and
				  requests which contain information which is confidential or exempt from
				  disclosure under the Mississippi Public Records Act or other laws shall be
				  exempt from this requirement and shall remain confidential.
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Section 2-701-1-100

Current through June 25, 2024
Pursuant to the Mississippi Land, Water and Timber Resources
				  Act, Miss
. Code Ann. §
§
									69-46-1
et
				  seq.
, any and all subsequent amendments made thereafter, and all such
				  other points of law that may be applicable, the Mississippi Land, Water and
				  Timber Resources Board promulgates the following regulations, in accordance
				  with the Mississippi Administrative Procedures Law, as may be necessary to
				  further the provisions of the Act.
Miss. Code Ann. §
										69-46-5
				  (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Section 2-701-1-101 - Definitions and Terms

Current through June 25, 2024
1. "Act" means the
				Mississippi Land, Water and Timber Resources Act,
Miss. Code
				Ann.
§§
									69-46-1
et
				seq.
2. "Agribusiness"
				means any industrial, manufacturing, research and development, processing or
				value-added enterprise located in the State and related to agriculture,
				aquaculture, and/or horticulture.
3. "Board" means the Mississippi Land, Water
				and Timber Resources Board.
4.
				"Department" means the Mississippi Department of Agriculture and
				Commerce.
5. "MDA" means the
				Mississippi Development Authority.
6."Public Records Act" means the Mississippi
				Public Records Act of 1983,
Miss. Code Ann. §
§
									25-61-1
et
				seq.
7. "Resources
				Program" means the Mississippi Land, Water and Timber Resources Program as set
				forth in the Act.
8. "State" means
				the State of Mississippi.
9. "Value
				added" means a change in the physical state or form of the product.
10. "Mississippi natural resources" include
				sun, water, wind, crops, timber, livestock, livestock waste, wood or other
				forest products or waste therefrom, non-fossil fuels, biomass and geothermal
				resources.
11. "Alternative energy"
				means energy derived from Mississippi natural resources.
12. "Working capital" means funds utilized by
				a for-profit business to pay current operating expenses of the
				business.
Miss. Code Ann. §
										69-46-5
				  (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Purpose of Program › Section 2-701-1-102

Current through June 25, 2024
The Resources Program is a finance program designed to
					 stimulate growth of the agricultural industry by assisting the Mississippi
					 agricultural industry in the development, marketing
,
manufacture,
					 production and distribution of agricultural products.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Board › Section 2-701-1-103.01

Current through June 25, 2024
The Act created the Board, which is composed of the
					 following members:
1. The Executive
				  Director of the MDA, or his designee, who shall serve as Co-Chairman of the
				  Board;
2. The Commissioner of the
				  Department, or his designee, who shall serve as Co-Chairman of the
				  Board;
3. The Chairman of the
				  Senate Agriculture Committee, or a member of the Senate Agriculture Committee
				  designated by the chairman, as a non-voting member;
4. The Chairman of the House of
				  Representatives Agriculture Committee, or a member of the House of
				  Representatives Agriculture Committee designated by the chairman, as a
				  nonvoting member;
5. The Chairman
				  of the Senate Forestry Committee, or a member of the Senate Forestry Committee
				  designated by the chairman, as a nonvoting member;
6. The President of the Mississippi Farm
				  Bureau Federation, or his designee;
7. The Director of the Cooperative Extension
				  Service at Mississippi State University, or his designee;
8. The Executive Director of the Agribusiness
				  and Natural Resource Development Center at Alcorn State University, or his
				  designee;
9. The Director of the
				  Agricultural Finance Division of MDA, or his designee;
10. The Director of the Agriculture Marketing
				  Division of the Department, or his designee;
11. The Executive Director of the Mississippi
				  Forestry Commission, or his designee; and
12. Three individuals, one from each Supreme
				  Court district; appointed by the Governor who are active producers of
				  Mississippi land, water or timber commodities.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Board › Section 2-701-1-103.02

Current through June 25, 2024
The Board shall have the following powers and
					 duties:
1. To develop marketing plans
				  and opportunities for independent farmers in Mississippi;
2. To encourage the commercialization of new
				  agricultural technology businesses;
3. To initiate the development of processing
				  facilities for Mississippi agricultural commodities;
4. To initiate the development of Mississippi
				  wholesale distribution businesses for agricultural inputs and
				  products;
5. To promote the
				  development of institutional and specialty markets for Mississippi agricultural
				  products;
6. To encourage
				  additional research for new agricultural product development;
7. To develop a working relationship with the
				  state offices of the United States Department of Agriculture as may be
				  appropriate for the promotion and development of agriculture in
				  Mississippi;
8. To promote the
				  rural quality of life in the State through such programs as 4-H, Future Farmers
				  of America and agricultural education;
9. To encourage, promote and initiate the
				  development of alternative energy strategies, applied research technologies and
				  commercialization enterprises that focus on Mississippi natural resources,
				  including, but not limited to, agriculture, timber and poultry products and
				  byproducts; and
10. To expend funds
				  from the Mississippi Land, Water and Timber Resources Fund, established by the
				  Act, to carry out its powers and duties under the Act in the most practical and
				  efficient manner designed to review, evaluate and encourage successful projects
				  which demonstrate the potential to offer the agricultural community an enhanced
				  profitability for the state's farmers.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Board › Section 2-701-1-103.03

Current through June 25, 2024
The Board shall meet at least once each calendar quarter by
					 call of the co-chairmen at the State Capitol in Jackson,
					 Mississippi.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Board › Section 2-701-1-103.04

Current through June 25, 2024
A majority of the members shall constitute a quorum. An
					 affirmative vote of a majority of the voting members present is required in the
					 adoption of any actions taken by the Board.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Board › Section 2-701-1-103.05

Current through June 25, 2024
The Board shall file an annual report with the Governor,
					 Secretary of Senate and the Clerk of the House of Representatives not later
					 than December 1 of each year, with recommendations for any legislation
					 necessary to accomplish the purposes of the Act.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Criteria For Projects › Section 2-701-1-104.01

Current through June 25, 2024
Projects are divided into two (2) categories: 1. Land,
					 Water & Timber Projects; and 2.
Land, Water & TimberAlternative Energy Projects. The
					 criteria for each category are set forth below.
1.
LAND, WATER & TIMBER
				  PROJECT CRITERIA
In order to qualify to receive financial assistance under
					 the Resources Program, a Land, Water & Timber project must meet at least
					 one of the following criteria:
a.
				  Promote the marketability of Mississippi agricultural projects;
b. Assist in the development of marketing
				  plans and business opportunities for independent farmers in the
				  State;
c. Encourage the
				  commercialization of new agricultural technology businesses;
d. Assist in the research and development of
				  new agribusiness products;
e.
				  Initiate the development of a processing facility for Mississippi agricultural
				  commodities;
f. Initiate the
				  development of Mississippi wholesale distribution businesses for agricultural
				  inputs and products;
g. Promote the
				  development of institutional and specialty markets for Mississippi agriculture
				  products;
h. Promote farm and
				  agricultural education; or
i.
				  Encourage additional research for new agricultural product
				  developments.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Criteria For Projects › Section 2-701-1-104.02

Current through June 25, 2024
The project must offer viability for success and
					 commercialization with the necessary experience and managerial expertise to
					 justify the investment requested. Projects should create employment
					 opportunities. As a condition of approval, the Board may require the applicant
					 to provide security and/or equity into the project.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Criteria For Projects › Section 2-701-1-104.03 - Funds may NOT be used for the following purposes

Current through June 25, 2024
1.
				  to acquire land;
2. to pay off any
				  existing debt for loan consolidation purposes;
3. to finance acquisition, construction,
				  improvement, or operation of real property which is primarily for sale or
				  investment; or
4. to provide or
				  free funds for speculation in any kind of property or as a loan to
				  owners.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Criteria For Projects › Section 2-701-1-104.04

Current through June 25, 2024
Grant funds may NOT be used to fund working capital.
					 (Adopted May 2004.)
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Application Process › Section 2-701-1-105.01 - Submission of Application

Current through June 25, 2024
Three (3) copies of Resources Program Application available
					 from MDA or the Department must be submitted to either MDA or the Department at
					 the address listed in Section 108 herein. Applicants may be required to provide
					 financial information, both business and personal, and any other information
					 directly or indirectly related to their project, including but not limited to
					 historical data (i.e. bankruptcy, judgments, etc.). Upon receipt of the
					 completed application, the Screening Committee will review the
					 project.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Application Process › Section 2-701-1-105.02 - Screening Committee Review

Current through June 25, 2024
1. Each project
				  will be presented to and reviewed by a Screening Committee consisting of the
				  Co-Chairmen of the Board and three (3) members of the Board appointed by the
				  Co-Chairmen of the Board. The Screening Committee will consider whether the
				  project qualifies under the Act, meets the criteria of the Resources Program
				  and is a beneficial and an effective allocation of Resources Program funds.
				  Following a review of the application and any supporting documentation,
2. The Screening Committee will
				  determine by an affirmative vote of a majority of the committee members whether
				  a project will be recommended to the Full Board. A majority of the committee
				  members shall constitute a quorum.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Application Process › Section 2-701-1-105.03 - Board Consideration

Current through June 25, 2024
Upon the recommendation of the Screening Committee, a
					 project will be submitted to the Board for consideration. The applicant will be
					 afforded the opportunity to make a formal presentation to the Board. If
					 approved by the Board, the Board will establish the amount and terms of
					 assistance to be provided and will notify the applicant of the Board's
					 decision. The Board may approve the application in whole or in part or with
					 modifications.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Program Funding › Section 2-701-1-106.01

Current through June 25, 2024
The Board may provide funds to public entities and private
					 entities through loans, grants, contracts and any other manner the Board
					 determines appropriate for the purposes of carrying out the provisions of the
					 Act.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Program Funding › Section 2-701-1-106.02

Current through June 25, 2024
Due to the availability of a limited supply of funds, every
					 qualifying project will not be approved or receive funding. Approved projects
					 may be funded in whole or in part.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Program Funding › Section 2-701-1-106.03

Current through June 25, 2024
Upon approval of a project, an agreement will be executed
					 by and between the Board and each entity receiving assistance under the
					 Resources Program. All closing documents must be fully executed prior to any
					 disbursement of funds. MDA and the Board's attorney will prepare the necessary
					 documents and allocate funding as directed by the Board for each project. Funds
					 will be disbursed on a reimbursement or a services-rendered basis. Request for
					 funds must be submitted on forms of requisition, available from MDA.
					 Requisitions forms must be submitted in order to receive funds. The forms will
					 be submitted to the Finance Committee for consideration and
					 action.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Program Funding › Section 2-701-1-106.04

Current through June 25, 2024
All proceeds of the disbursements must be utilized for the
					 purpose(s) approved by the Board. The disbursement(s) shall be administered by
					 and through MDA.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Program Funding › Section 2-701-1-106.05

Current through June 25, 2024
In the event of default under such agreement, the Board may
					 seek repayment to the State of any loan, grant or other contract under the
					 Resources Program or pursue any other remedy available at law or in
					 equity.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Program Funding › Section 2-701-1-106.06

Current through June 25, 2024
The Board, in its discretion, may temporarily waive any
					 requirement of these regulations to the extent that the res ult of such waiver
					 is to promote the public purpose and intent of the Act and is not prohibited by
					 state law.
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 1 - Program Regulations › Program Information › Section 2-701-1-107

Current through June 25, 2024
To obtain a program application or to request additi onal
					 information with respect to the Resources Program, contact:
Mississippi Development Authority
Financial Resources Division
Land, Water and Timber Resources Program
Post Office Box 849
Jackson, Mississippi 39205
(601) 359 - 3552
or
Mississippi Departmen t of Agriculture &
					 Commerce
Marketing Division
Post Office Box 1609
Jackson, Mississippi 39215 - 1609
(601) 359 - 1100
Miss. Code Ann.
					 §
											69-46-5
					 (Rev. 2002).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 02 - Public Records Request › Public Records Procedure › Section 2-701-02-100 › Section 2-701-02-100.01 - Schedule of Fees

Current through June 25, 2024
a. All applicable
					 fees shall be collected by the Board in advance of complying with any request
					 for public records. Pursuant to the Act, the Board establishes the following
					 fees to reimburse the Board for cost of searching, reviewing and/or duplicating
					 and, if applicable, mailing copies of public records. Fees are subject to
					 change.
i. $10.00 per hour per person for
					 searching, reviewing and/or duplicating public records. Any part of an hour
					 spent in such activities shall be charged at the full hourly rate.
ii. $0.50 per page for each copy. Copies of
					 pages printed on both sides (front and back) shall be considered as two (2)
					 pages for copy charge purposes.
iii. $5.00 packing and handling fee shall be
					 charged on all requests for copies of public records to be shipped or
					 mailed.
iv. Mailing costs shall be
					 calculated at the applicable rate for each such mailing.
If a 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 or entity requesting such public
						records.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 02 - Public Records Request › Public Records Procedure › Section 2-701-02-100 › Section 2-701-02-100.02

Current through June 25, 2024
a. In the interest of implementing the terms
					 and conditions of the Act, and to prevent the unnecessary disruption to the
					 orderly operations of the Board, the Board will accept written requests for
					 records which are signed by the person requesting the records. All requests
					 shall be directed to: Public Records Officer, Mississippi Land, Water and
					 Timber Resources Program, P.O. Box 1609, Jackson, MS 39205
b. No person requesting public records shall
					 be permitted to review Board files; however, copies of records requested,
					 within limitations imposed by the Act and this regulation, will be furnished
					 such person.
Miss. Code Ann.
						§
												25-61-1
						et seq.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 03 - Procedure for Oral Proceedings on Rule-Making › Scope › Section 2-701-03-100

Current through June 25, 2024
Rules -112 are promulgated pursuant to
Mississippi
					 Code Ann.
§
										25-43-3.104(2)(d)
					  of the Administrative Procedures Law, and
					 apply to all oral proceedings held for the purpose of providing the public with
					 an opportunity to make oral presentations on proposed new rules and amendments
					 to rules before the Board pursuant to §
										25-43-3.104.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 03 - Procedure for Oral Proceedings on Rule-Making › When Oral Proceedings will be Scheduled on Proposed Rules › Section 2-701-03-101

Current through June 25, 2024
The Board 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.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 03 - Procedure for Oral Proceedings on Rule-Making › Request Format › Section 2-701-03-102

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 Board and signed by the requestor(s).
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 03 - Procedure for Oral Proceedings on Rule-Making › Notification of Oral Proceeding › Section 2-701-03-103

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.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 03 - Procedure for Oral Proceedings on Rule-Making › Presiding Officer › Section 2-701-03-104

Current through June 25, 2024
Either Co-Chairman or his designee, who is familiar with
					 the substance of the proposed rule, shall preside at the oral proceeding on a
					 proposed rule.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 03 - Procedure for Oral Proceedings on Rule-Making › Public Presentations and Participation › Section 2-701-03-105

Current through June 25, 2024
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.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 03 - Procedure for Oral Proceedings on Rule-Making › Public Presentations and Participation › Section 2-701-03-106

Current through June 25, 2024
Persons wishing to make oral presentations at such a
					 proceeding shall notify the Board at least one business day prior to the
					 proceeding and indicate the general subject of their presentations. The
					 presiding officer in his or her discretion may allow individuals to participate
					 that have not previously contacted the Board.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 03 - Procedure for Oral Proceedings on Rule-Making › Public Presentations and Participation › Section 2-701-03-107

Current through June 25, 2024
At the proceeding, those who participate shall indicate
					 their names and addresses, identify any persons or organizations they may
					 represent, and provide any other information relating to their participation
					 deemed appropriate by the presiding officer.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 03 - Procedure for Oral Proceedings on Rule-Making › Public Presentations and Participation › Section 2-701-03-108

Current through June 25, 2024
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.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 03 - Procedure for Oral Proceedings on Rule-Making › Public Presentations and Participation › Section 2-701-03-109

Current through June 25, 2024
Persons making oral presentations are encouraged to avoid
					 restating matters that have already been submitted in
					 writing.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 03 - Procedure for Oral Proceedings on Rule-Making › Public Presentations and Participation › Section 2-701-03-110

Current through June 25, 2024
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 partisan's time where
					 the orderly conduct of the proceeding so requires.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 03 - Procedure for Oral Proceedings on Rule-Making › Conduct of Oral Proceeding › Section 2-701-03-111 - Presiding officer

Current through June 25, 2024
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 (a) call the proceeding to order; (b) give a brief
					 synopsis of the proposed rule, a statement of the statutory authority for the
					 proposed rule, and the reasons provided by the Board for the proposed rule; (c)
					 call on those individuals who have contacted the Board about speaking on or
					 against the proposed rule; (d) allow for rebuttal statements following all
					 participants' comments; (e) adjourn the proceeding.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 03 - Procedure for Oral Proceedings on Rule-Making › Conduct of Oral Proceeding › Section 2-701-03-112 - Questions

Current through June 25, 2024
The presiding officer, where time permits and to
					 facilitate the exchange of information, may open the floor to questions or
					 general discussion. The presiding officer may question participants and permit
					 the questioning of participants by other participants about any matter relating
					 to that rule-making proceeding, including any prior written submissions made by
					 those participants in that proceeding; but no participant shall be required to
					 answer any question.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 04 - Procedure for Requesting Declaratory Opinions › Scope of Rules › Section 2-701-04-100

Current through June 25, 2024
This chapter sets forth the Mississippi Land, Water and
					 Timber Resources Board's, hereinafter "Board," rules governing the form and
					 content of requests for declaratory opinions, and the Board's procedures
					 regarding the requests, as required by
Mississippi Code Ann.
§
										25-43-2.103.
					 These 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.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 04 - Procedure for Requesting Declaratory Opinions › Persons Who May Request Declaratory Opinions › Section 2-701-04-101

Current through June 25, 2024
Any person with a substantial interest in the subject
					 matter may request a declaratory opinion from the Board 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
					 Board's administration of the laws within its primary jurisdiction. "Primary
					 jurisdiction of the Board" means the Board has a constitutional or statutory
					 grant of authority in the subject matter at issue.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 04 - Procedure for Requesting Declaratory Opinions › Subjects That May Be Addressed In Declaratory Opinions › Section 2-701-04-102

Current through June 25, 2024
The Board will issue declaratory opinions regarding the
					 applicability to specified facts of: (1) a statute administered or enforceable
					 by the Board or (2) a rule promulgated by the Board. The Board will not issue a
					 declaratory opinion regarding a statute or rule that is outside the primary
					 jurisdiction of the Board.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 04 - Procedure for Requesting Declaratory Opinions › Written Request Required › Section 2-701-04-104

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 Board.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 04 - Procedure for Requesting Declaratory Opinions › Where to Send Requests › Section 2-701-04-105

Current through June 25, 2024
All requests must be mailed, delivered or transmitted via
					 facsimile to the Board. The request shall clearly state that it is a request
					 for a declaratory opinion. Oral and telephone requests and email requests will
					 not be accepted for official opinions.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 04 - Procedure for Requesting Declaratory Opinions › Name, Address and Signature of Requestor › Section 2-701-04-106

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, 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.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 04 - Procedure for Requesting Declaratory Opinions › Question Presented › Section 2-701-04-107 - Each request shall contain the following

Current through June 25, 2024
1. a clear
				  and concise statement of all facts on which the opinion is requested;
2. a citation to the statute or rule at
				  issue;
3. the question(s) sought to
				  be answered in the opinion, stated clearly;
4. a suggested proposed opinion from the
				  requestor, stating the answers desired by petitioner and a summary of the
				  reasons in support of those answers;
5. 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;
				  and
6. a statement to show that the
				  person seeking the opinion has a substantial interest in the subject
				  matter.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 04 - Procedure for Requesting Declaratory Opinions › Time for Board's Response › Section 2-701-04-108

Current through June 25, 2024
Within forty-five (45) days after the receipt of a request
					 for a declaratory opinion that complies with the requirements of these rules,
					 the Board shall, in writing:
1. issue
				  a declaratory opinion regarding the specified statute or rule as applied to the
				  specified circumstances;
2. decline
				  to issue a declaratory opinion, stating the reasons for its action;
				  or
3. agree to issue a declaratory
				  opinion by a specified time but not later than ninety (90) days after receipt
				  of the written request.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 04 - Procedure for Requesting Declaratory Opinions › Time for Board's Response › Section 2-701-04-109

Current through June 25, 2024
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 Board, whichever is sooner.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 04 - Procedure for Requesting Declaratory Opinions › Opinion Not Final for Sixty Days › Section 2-701-04-110

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 Board may, in its discretion, withdraw or
					 amend the declaratory opinion for any reason that 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 a legal or factual
					 error.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 04 - Procedure for Requesting Declaratory Opinions › Notice by Board to Third Parties › Section 2-701-04-111

Current through June 25, 2024
The Board 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.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 04 - Procedure for Requesting Declaratory Opinions › Public Availability of Requests and Declaratory Opinions › Section 2-701-04-112

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
					 shall be available for public inspection and copying in accordance with the
					 Board's public records request procedure. All declaratory opinions and requests
					 shall be indexed by name and subject. Declaratory opinions and requests that
					 contain information that is confidential or exempt from disclosure under the
					 Mississippi Public Records Act or other laws shall be exempt from this
					 requirement and shall remain confidential.
Miss. Code Ann.
					 §
											25-43-2.105
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 701 - Rules of the Mississippi Land, Water & Timber Resources Board › Chapter 04 - Procedure for Requesting Declaratory Opinions › Effect of a Declaratory Opinion › Section 2-701-04-113

Current through June 25, 2024
The Board will not pursue any civil or criminal or
					 administrative action against a person who is issued a declaratory opinion from
					 the Board 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 Board
					 shall be binding only on the Board 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.
					 §
											25-43-2.105
					 (Rev. 2006).
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 2-901-1.1 - Statutory Authority

Current through June 25, 2024
In 1938, the Mississippi Legislature officially recognized
				  that the state's soil resources were deteriorating at an enormous rate and in
				  its effort to solve the problem, enacted the Soil Conservation Law, in which it
				  created the State Soil Conservation Committee and made provisions whereby local
				  landowners could organize a soil conservation District. With the passage of
				  time other natural resource concerns arose, most notably the loss of,
				  degradation of and management of the state's water resources. Through various
				  amendments the Committee became the Mississippi Soil and Water Conservation
				  Commission and Soil Conservation Districts became Soil and Water Conservation
				  Districts.
Miss. Code Ann. §
										69-27-1(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 2-901-1.2 - Membership of the Commissions

Current through June 25, 2024
The membership of the Mississippi Soil and Water
				  Conservation Commission and the Commission's authority to promulgate such rules
				  and regulations as deemed necessary.
A. The eleven (11) voting members of the
				Commission are:
I. The Commissioner of
				Agriculture and Commerce;
II. The
				State Forester;
III. The President
				of the Mississippi Association of Conservation Districts;
IV. The first vice president of the
				association;
V. The second vice
				president of the association;
VI.
				The immediate or most recent past president of the association willing and able
				to serve; and
VIII. Five (5)
				members to be elected from the membership of the soil and water conservation
				district commissioners at the annual meeting of the association, one (1) from
				each United States congressional district by a caucus of the association
				members from each congressional district as constituted at the time of the
				caucus and the remainder to be elected from the state at large by the
				membership of the association.
IX.
				The five (5) elected members serve three (3) year staggered terms.