Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 2 - General Provisions › Rule 30-2401-2.7 - PUBLIC RECORDS

Current through June 25, 2024
All public requests to inspect, copy or mechanically
				  reproduce or obtain a reproduction of any public record of the Mississippi
				  State Board of Funeral Service (Board) must be submitted in writing to: the
				  Executive Director, Mississippi State Board of Funeral Service, 3010 Lakeland
				  Cove, Suite W, Flowood, Mississippi 39232. This rule is not intended to apply
				  to any record or other document, which is exempted or privileged under the
				  provisions of the Mississippi Public Records Act.
The written request must be typed or clearly hand printed on
				  a letter size piece of paper and must specify in detail the public record(s)
				  sought. The request must include a description of the type of record, dates,
				  title of a publication, and other information which may aid in locating the
				  record. No verbal or telephone requests for records will be accepted.
Under the Public Records Act, documents that are exempt from
				  public access to records include, but are not limited to, personnel records,
				  appraisal records, attorney communications and work products of attorneys,
				  academic records, third party confidential commercial or financial information,
				  licensure applications and examination records, and individual tax
				  records.
Within seven (7) working days of the Board's receipt of a
				  public records request, the Board shall review same and determine whether the
				  records sought are exempt or privileged by law and shall either:
i) produce the records;
ii) allow access to records;
iii) if the request is unclear or does not
				sufficiently identify the record sought, request clarification from the
				requestor; or
iv) deny access to or
				production of the records sought. If the Board is unable to produce a public
				record by the seventh working day after the request is received, the Board will
				provide the requester with a written explanation stating that the record
				requested will be produced and specify the reason why the records cannot be
				produced within the seven-day period. Unless there is mutual agreement between
				the Board and the requester, the date for production of the requested record
				will be no later than fourteen (14) working days from the Board's receipt of
				the original public record request.
When a request for information is made for documents
				  furnished to the Board by a third party, the Board will give notice of the
				  request to the third party as required by the Public Records Act. Such third
				  party information will not be released without the prior written consent of the
				  third party authorizing the release of the information and/or until the third
				  party has been provided with notice of the public records request and an
				  opportunity to seek a court order protecting such records from public review.
				  No third party information will be released by the Board if the third party
				  obtains a court order prohibiting the disclosure of such information.
When possible, nonexempt material will be separated from
				  exempt material and only the exempt material will be withheld from disclosure
				  by the Board.
If the Board determines that the records requested are
				  exempt or privileged under the law, the request shall be denied and the person
				  making the request will be provided a statement of the specific reasons for the
				  denial. Such denials shall be kept on file for inspection by any person for
				  three (3) years from the date such denials are made.
Public records of the Board are available for inspection and
				  copying or reproduction during regular office hours (8:00 a.m. through 5:00
				  p.m., Monday through Friday) by appointment. All inspection, copying or
				  mechanical reproduction of records must be done in the office of the Board. The
				  time, place and manner of inspection and reproduction or copying will not be
				  allowed to interfere with the official duties of the Board. The Board will not
				  allow its records to be taken from the Board office.
The requester must pay the Board in advance all reasonably
				  estimated costs of searching, obtaining from storage, reviewing, shipping
				  and/or duplicating the requested records. Such payment must be sufficient to
				  cover the actual costs to the Board of complying with the public records
				  request. There shall be a charge of $1.00 per page for each copy. Copies
				  printed on both sides (front and back) shall be considered as two (2) pages for
				  copy charge purposes. Mailing cost shall be calculated at the applicable rate
				  for each such mailing. If the request involves notice being given to a third
				  party, the cost of mailing such notice to the third party shall be charged to
				  the requester. Cost of obtaining records from any state storage facilities and
				  the search for the records shall be charged to the requester. If the actual
				  cost of a public records request exceeds the estimated cost provided to the
				  requester, the requester will be required to pay the Board the difference
				  between the amounts paid in advance by the requester and the actual cost of
				  supplying the record to the requester.
Payment by the public records requester must be made by
				  money order or certified check.
The Board has also established a schedule of standard fees
				  for frequently requested documents and information, directory or labels of
				  licensees, and electronically accessible data.
Miss. Code Ann
				  §§
										73-11-49(7)
				  and
				  73-11-56(Rev.
				  2012); and Miss. Code Ann. §§
										25-61-2,
				  25-61-5
				  and
				  25-61-7(Rev.
				  2010)