reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 31 - Public Safety › Part 501 - RULES AND REGULATIONS FOR MISSISSIPPI BOARD OF MEDICOLEGAL DEATH INVESTIGATIONS › Chapter 9 - Designated Pathologist Program › Rule 31-501-9.3 - Designated Pathologist Review Committee

Current through June 25, 2024
1. The purpose of
				the Committee is to assist the State Medical Examiner's Office in the selection
				and supervision of qualified Designated Pathologists and to develop and
				maintain a Quality Assurance -Enhancement Program concerning the activities of
				those Designated Pathologists. The Quality Assurance Enhancement Program will
				involve review and selected examples of post-mortem examinations, and other
				documents so as to recommend selection, retention, probation or dismissal of
				pathologists from the designated list.
2. Membership -The membership of the
				Committee shall consist of the Mississippi State Medical Examiner, the
				President of the Mississippi Association of Pathologists, or his designee and
				the President of the Mississippi State Medical Association or his designee. The
				State Medical Examiner shall act as Chairman of the Committee.
3. Meetings -The meetings of the Committee
				shall be held at least on an annual basis at the time of the Mississippi State
				Medical Association's annual meeting. Additional special meetings may be called
				by the Chairman of the Committee and such special meetings may be conducted by
				telephone conference or other means.
4. Administrative Support -Administrative
				support for the committee, including secretarial support and maintenance of
				records, will be provided by the State Medical Examiner's Office.
5. Records -The State Medical Examiner's
				Office will maintain records of the Committee including a file for each
				Designated Pathologist that file to include a Curriculum Vitae as well as
				records of recommendations or actions of the Committee. Also included in each
				file will be representative examples of post-mortem examination reports and
				other pertinent data. These files will be confidential and access to the files
				will be limited to the Commissioner of Public Safety, the three members of the
				committee and the individual Pathologist involved. Except as otherwise provided
				in this section, these files are not public records as defined and addressed by
				the Mississippi Public Records Act of 1983 and access to such may only be had
				as provided in this Section.
6.
				Annual Report -A general summary report from the Committee will be prepared on
				an annual basis and submitted to the Department of Public Safety. A copy of
				this report may be made available on request to any interested party.
Miss. Code Ann. §
										45-1-3
				  and §
										41-61-51,
				  et al.
Mississippi Administrative Code › Title 31 - Public Safety › Part 501 - RULES AND REGULATIONS FOR MISSISSIPPI BOARD OF MEDICOLEGAL DEATH INVESTIGATIONS › Chapter 10 - Appeals of Death Ruling › Rule 31-501-10.1 - Appeals of Death Ruling

Current through June 25, 2024
Miss. Code Ann.
§
									41-61-65
				  provide that family members or others who disagree with a Medical Examiner's
				  determination as to cause and manner of death shall be able to petition and
				  present written argument to the State Medical Examiner for further review. If
				  the petitioner still disagrees, they may petition the Circuit Court which may,
				  in its discretion, hold a formal hearing. All costs of the petitioning and
				  hearing shall be borne by the petitioner. The procedure for petitioning the
				  State Medical Examiner's Office for purposes of appealing a death ruling shall
				  be as follows:
1. Upon receipt of a
				petition regarding disagreement with any County Medical Examiner's ruling, the
				State Medical Examiner will immediately contact the County Medical Examiner in
				question and discuss the case. Medical Examiners themselves may contact the
				State Medical Examiner if they know that such a petition is going to be
				submitted. Medical Examiners should submit any additional documentation,
				photographs or other material as may be deemed necessary, in order to
				adequately review the case.
2. The
				State Medical Examiner will conduct an investigation and review of the case
				which, in his/her discretion, may involve consultation with Crime Laboratory
				personnel, Attorneys, Firearm experts, Anthropologists and other individuals or
				agencies who might be able to provide helpful analysis and
				information.
3. Upon completion of
				his/her investigation and review, the State Medical Examiner will submit a
				detailed conclusion in writing with copies both to the Medical Examiner in
				whose jurisdiction and death occurred and to the petitioner. If a change in the
				Death Certificate is deemed warranted by the State Medical Examiner, on the
				basis of his investigation, such change will not be submitted to the State
				Board of Health for a period of no less than thirty (30) days, during which all
				parties involved will have an opportunity to submit additional information or
				points for discussion.
Miss. Code Ann. §
										45-1-3
				  and §
										41-61-51,
				  et al.
Mississippi Administrative Code › Title 31 - Public Safety › Part 501 - RULES AND REGULATIONS FOR MISSISSIPPI BOARD OF MEDICOLEGAL DEATH INVESTIGATIONS › Chapter 11 - Description of Organization › Rule 31-501-11.1 - Description of Organization

Current through June 25, 2024
Members of the public may obtain information or make
				  submissions or requests concerning activities of the State Board of Medicolegal
				  Death Investigations by contacting the State Medical Examiner's Office.
				  Membership and activities of the Board are set forth in
Miss. Code
				  Ann.
§
									41-61-59(5):
				  "A body composed of the State Medical Examiner, whether appointed on a
				  permanent or interim basis, the Director of the State Board of Health or his
				  designee, the Attorney General or his designee, the President of the
				  Mississippi Coroners' Association (or successor organization) or his designee,
				  and a certified pathologist, appointed by the Mississippi State Medical
				  Association shall adopt, promulgate, amend and repeal rules and regulations as
				  may be deemed necessary by them from time to time for the proper enforcement,
				  interpretation and administration of
Miss. Code Ann.
§
									41-61-51
				  through
				  41-61-79,
				  in accordance with the provisions of the Mississippi Administrative Procedure
				  Law, being
Miss. Code Ann.
§ 25-43-1, et
				  seq."
Miss. Code Ann. §
										45-1-3
				  and §
										41-61-51,
				  et al.
Mississippi Administrative Code › Title 31 - Public Safety › Part 501 - RULES AND REGULATIONS FOR MISSISSIPPI BOARD OF MEDICOLEGAL DEATH INVESTIGATIONS › Chapter 12 - Deaths in Other Countries › Rule 31-501-12.1 - Deaths from Injuries in Other Counties

Current through June 25, 2024
An individual who sustains fatal injuries may, prior to
				  death, be transported to a hospital in a county other than that in which
				  injuries occurred. Such deaths must be reported to the Medical Examiner of the
				  county in which the death occurs as required by
Miss. Code
				  Ann.
§
									41-61-61.
				  However, the death may subsequently be investigated and certified by the
				  Medical Examiner of the county in which the fatal injuries occurred. In the
				  event of a death of this type, the Medical Examiner of the county in which the
				  death occurred will immediately contact the Medical Examiner of the county in
				  which the fatal injuries occurred. Said Medical Examiners of the respective
				  counties may then, at their discretion, make arrangements to either transfer or
				  not transfer jurisdiction for further investigation and certification of the
				  death, depending upon the specific circumstances and requirements of each
				  individual case.
Miss. Code Ann. §
										45-1-3
				  and §
										41-61-51,
				  et al.
Mississippi Administrative Code › Title 31 - Public Safety › Part 502 - CRIME LAB RULEMAKING ORAL PROCEEDINGS ADMINISTRATIVE CODE › Chapter 1 - Rulemaking Oral Proceedings › Rule 31-502-1.1 - Model Rules

Current through June 25, 2024
This chapter consists of model rules for oral proceedings
				  held to provide the public an opportunity to comment on submissions made under
				  the Administrative Procedures Act and the Rules in this Title. The Secretary of
				  State's Office is required to provide these model rules under
Miss.
				  Code Ann
. §
									25-43-2.105.
				  Agencies are not required to adopt these model rules.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 502 - CRIME LAB RULEMAKING ORAL PROCEEDINGS ADMINISTRATIVE CODE › Chapter 1 - Rulemaking Oral Proceedings › Rule 31-502-1.2 - Application of Chapter

Current through June 25, 2024
This chapter applies to all oral proceedings held for the
				  purpose of providing the public with an opportunity to make oral presentations
				  or written input on proposed new rules, amendments to rules, and proposed
				  repeal of existing rules before the Crime Lab pursuant to the Administrative
				  Procedures Act.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 502 - CRIME LAB RULEMAKING ORAL PROCEEDINGS ADMINISTRATIVE CODE › Chapter 1 - Rulemaking Oral Proceedings › Rule 31-502-1.3 - Request for Oral Proceeding

Current through June 25, 2024
When a political subdivision, an agency, or a citizen
				  requests an oral proceeding in regards to a proposed rule adoption, the
				  requestor must submit a printed, typewritten, or legibly handwritten
				  request.
1. Each request must be
				submitted on 8-1/2" x 11" white paper.
2. The request may be in the form of a letter
				addressed to the Crime Lab or in the form of a pleading as if filed with a
				court.
3. Each request must include
				the full name, telephone numbers, and mailing address of the
				requestor(s).
4. All requests shall
				be signed by the person filing the request, unless represented by an attorney,
				in which case the attorney may sign the request.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 502 - CRIME LAB RULEMAKING ORAL PROCEEDINGS ADMINISTRATIVE CODE › Chapter 1 - Rulemaking Oral Proceedings › Rule 31-502-1.4 - Notice of Oral Proceeding

Current through June 25, 2024
Notice of the date, time, and place of all oral proceedings
				  shall be filed with the Secretary of State's Office for publication in the
				  Administrative Bulletin. The agency providing the notice shall provide notice
				  of oral proceedings to each requestor. The oral proceedings will be scheduled
				  no earlier than twenty (20) days from the filing of the notice with the
				  Secretary of State. The Agency Head, or 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 31 - Public Safety › Part 502 - CRIME LAB RULEMAKING ORAL PROCEEDINGS ADMINISTRATIVE CODE › Chapter 1 - Rulemaking Oral Proceedings › Rule 31-502-1.5 - Public Participation Guidelines

Current through June 25, 2024
Public participation shall be permitted at oral proceedings
				  in accordance with the following:
1. At
				an oral proceeding on a proposed rule, persons may make statements and present
				documentary and physical submissions concerning the proposed rule.
2. Persons wishing to make oral presentations
				at such a proceeding shall notify the Crime Lab at least three business days
				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 contacted the Crime Lab prior to the
				proceeding.
3. At the proceeding,
				those who participate shall indicate their names and addresses, indentify any
				persons or organizations they may represent, and provide any other information
				relating to their participation deemed appropriate by the presiding
				officer.
4. The presiding officer
				may place time limitations on individual presentations when necessary to assure
				the orderly and expeditious conduct of the oral proceeding. To encourage joint
				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.
5. Persons making
				presentations are encouraged to avoid restating matters that have already been
				submitted in writing. Written materials may, however, be submitted at the oral
				proceeding.
6. Where time permits
				and to facilitate the exchange of information, the presiding officer 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. No participant shall be required to answer any question.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 502 - CRIME LAB RULEMAKING ORAL PROCEEDINGS ADMINISTRATIVE CODE › Chapter 1 - Rulemaking Oral Proceedings › Rule 31-502-1.6 - Submissions and Records

Current through June 25, 2024
Physical and Documentary Submissions presented by
				  participants in an oral proceeding shall be submitted to the presiding officer.
				  Such submissions become the property of the Crime Lab, part of the rulemaking
				  record, and are subject to the Crime Lab's public records request procedure.
				  The Crime Lab may record oral proceedings by stenographic or electronic
				  means.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 503 - CRIME LAB DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-503-1.1 - Model Rules

Current through June 25, 2024
This chapter consists of model rules addressing the public's
				  request for declaratory opinions and an agency's disposition of requests for
				  declaratory opinions. The Secretary of State's Office is required to provide
				  these model rules under
Miss. Code Ann.
§
									25-43-2.105.
				  Agencies are not required to adopt these model rules.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 503 - CRIME LAB DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-503-1.2 - Application of Chapter

Current through June 25, 2024
This chapter sets forth the Crime Lab's rules governing the
				  form, content, and filing of requests for declaratory opinions, the procedural
				  rights of persons in relation to the written requests, and the Crime Lab's
				  procedures regarding the disposition of requests as required by
Miss.
				  Code Ann.
§
									25-43-2.103.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 503 - CRIME LAB DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-503-1.3 - Scope of Declaratory Opinions

Current through June 25, 2024
The Crime Lab will issue declaratory opinions regarding the
				  applicability to specified facts of:
1.
				a statute administered or enforceable by the Crime Lab,
2. a rule promulgated by the Crime Lab,
				or
3. an order issued by the Crime
				Lab.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 503 - CRIME LAB DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-503-1.4 - Scope of Declaratory Opinion Request

Current through June 25, 2024
A request must be limited to a single transaction or
				  occurrence.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 503 - CRIME LAB DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-503-1.5 - How to Submit Requests

Current through June 25, 2024
When a person with substantial interest, as required by
				  Section
				  25-43-2.103
				  of the Administrative Procedures Act, requests a declaratory opinion, the
				  requestor must submit a printed, typewritten, or legibly handwritten
				  request.
1. Each request must be
				submitted on 8-1/2" x 11" white paper.
2. The request may be in the form of a letter
				addressed to the Crime Lab or in the form of a pleading as if filed with a
				court.
3. Each request must include
				the full name, telephone numbers, and mailing address of the
				requestor(s).
4. All requests shall
				be signed by the person filing the request, unless represented by an attorney,
				in which case the attorney may sign the request.
5. Each request must clearly state that it is
				a request for a declaratory opinion.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 503 - CRIME LAB DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-503-1.6 - Signature Attestation

Current through June 25, 2024
Any party who signs the request 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 agency, administrative, or
				  judicial tribunal.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 503 - CRIME LAB DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-503-1.7 - Request Content Requirement

Current through June 25, 2024
Each request must contain the following:
1. A clear identification of the statute,
				rule, or order at issue;
2. The
				question for the declaratory opinion;
3. A clear and concise statement of all facts
				relevant to the question presented;
4. The identity of all other known persons
				involved in or impacted by the facts giving rise to the request including their
				relationship to the facts, and their name, mailing address, and telephone
				number; and
5. A statement
				sufficient to show that the requestor has a substantial interest in the subject
				matter of the request.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 31 - Public Safety › Part 503 - CRIME LAB DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-503-1.8 - Reasons for Refusal of Declaratory Opinion Request

Current through June 25, 2024
The Crime Lab 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:
1. The matter is outside the primary
				jurisdiction of the Crime Lab;
2.
				Lack of clarity concerning the question presented;
3. 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;
4. 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;
5. The facts presented in the request are not
				sufficient to answer the question presented;
6. The request fails to contain information
				required by these rules or the requestor failed to follow the procedure set
				forth in these rules;
7. 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;
8. No controversy exists or is certain to
				arise which raises a question concerning the application of the statute, rule,
				or order;
9. The question presented
				by the request concerns the legal validity of a statute, rule, or
				order;
10. 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;
11. No clear answer is
				determinable;
12. The question
				presented by the request involves the application of a criminal statute or sets
				forth facts which may constitute a crime;
13. The answer to the question presented
				would require the disclosure of information which is privileged or otherwise
				protected by law from disclosure;
14. The question is currently the subject of
				an Attorney General's opinion request;
15. The question has been answered by an
				Attorney General's opinion;
16. One
				or more requestors have standing to seek an Attorney General's opinion on the
				proffered question;
17. 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
18. The
				question involves eligibility for a license, permit, certificate or other
				approval by the Crime Lab 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 31 - Public Safety › Part 503 - CRIME LAB DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-503-1.9 - Agency Response

Current through June 25, 2024
1. Within
				forty-five (45) days after the receipt of a request for a declaratory opinion
				which complies with the requirements of these rules, the Crime Lab 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.
Mississippi Administrative Code › Title 31 - Public Safety › Part 503 - CRIME LAB DECLARATORY OPINIONS ADMINISTRATIVE CODE › Chapter 1 - Declaratory Opinions › Rule 31-503-1.10 - 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 31 - Public Safety › Part 504 - CORD BLOOD POLICY ADMINISTRATIVE CODE › Chapter 1 - Cord Blood Policy › Rule 31-504-1.1 - Cord Blood Policy

Current through June 25, 2024
In accordance with
Miss. Code Ann.
§
									97-5-51,
				  the Mississippi State Medical Examiner's Office has developed the following
				  procedures with respect to the collection of forensic samples.
1. Biological samples are to be collected if
				a pregnancy termination is performed on a minor who is less than fourteen (14)
				years of age at the time of the pregnancy termination procedure.
(i) If a pregnancy termination is performed
				on a minor who is less than fourteen (14) years of age at the time of the
				pregnancy termination procedure, fetal tissue extracted during the abortion
				procedure shall be collected in a sterile container. The specimen shall be
				retained and submitted in its entirety.
Mississippi Administrative Code › Title 31 - Public Safety › Part 504 - CORD BLOOD POLICY ADMINISTRATIVE CODE › Chapter 1 - Cord Blood Policy › Rule 31-504-1.2 - Reporting Instrument

Current through June 25, 2024
The Mississippi State Medical Examiner's Office has developed
				  the following reporting instrument with respect to the collection of forensic
				  samples pursuant to
Miss. Code Ann.
§
									97-5-51.
				  This form is to be used in conjunction with the collection of fetal tissue when
				  a pregnancy termination is performed on a minor who is less than fourteen (14)
				  years of age at the time of the pregnancy termination procedure or with the
				  collection of cord blood when a minor who is under the age of sixteen (16)
				  gives birth to an infant and if it would be reasonable to assume that the
				  minor's pregnancy resulted from a sex crime against a minor.
Click Here To View
				  Image
Miss. Code Ann.
				  §§
										45-1-3,
				  97-5-51
Mississippi Administrative Code › Title 31 - Public Safety › Part 505 - CRIME LAB - IGNITION INTERLOCK DEVICE PROGRAM › Chapter 1 - Purpose and Scope › Rule 31-505-1.1 - Purpose and Scope

Current through June 25, 2024
The purpose of this ignition interlock document is to
				  establish rules and regulations pursuant to Miss. Code Ann. §
									63-11-30
				  for the certification of ignition interlock devices and the approval of
				  ignition interlock vendors in the state of Mississippi.
Miss. Code Ann.
				  §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 505 - CRIME LAB - IGNITION INTERLOCK DEVICE PROGRAM › Chapter 4 - Ignition Interlock Installation Requirements › Rule 31-505-4.1 - Ignition Interlock Installation Requirements

Current through June 25, 2024
The service provider must demonstrate the ability to install
				  and remove devices according to the following guidelines:
1. A service provider must inspect all
				vehicles prior to installation to determine that mechanical and electrical
				parts of the vehicle that are and will be affected by the ignition interlock
				device are in acceptable condition and no device shall be installed until the
				vehicle is capable of such installation.
2. Installations shall be made in a
				professional manner in accordance with acceptable industry standards. All
				electrical connections made to the vehicle shall be permanent.
3. Each installation shall include tamper
				resistant features required by the service provider and the MDPS which include,
				but which are not limited to the following:
a. A unique and identifiable tamper seal at
				electrical connections for the device.
Mississippi Administrative Code › Title 31 - Public Safety › Part 505 - CRIME LAB - IGNITION INTERLOCK DEVICE PROGRAM › Chapter 5 - Service and Monitoring Requirements › Rule 31-505-5.1 - Service and Monitoring Requirements

Current through June 25, 2024
The service provider must demonstrate an ability to provide
				  effective and efficient service to the motor vehicles and convey the necessary
				  information for ignition interlock device to the MDPS in according to the
				  following requirements:
1. Servicing,
				inspection and monitoring of each installed device shall occur within thirty
				(30) days after the initial installation and every thirty days
				thereafter.
2. The device shall be
				calibrated at least once every thirty (30 days).
3. The service provider shall maintain
				records on every participant including results of every monitoring
				check.
4. Within three (3) calendar
				days of the scheduled monitoring check, the service provider shall have
				conveyed to the MDPS all the data concerning:
a. Name of the participant.
b. Date of the next scheduled monitoring
				visit.
c. Data collected during the
				30 day monitoring period.
Mississippi Administrative Code › Title 31 - Public Safety › Part 505 - CRIME LAB - IGNITION INTERLOCK DEVICE PROGRAM › Chapter 6 - Orientation of Participant Requirements › Rule 31-505-6.1 - Orientation of Participant Requirements

Current through June 25, 2024
The service provider must demonstrate the ability to provide
				  efficient and effective service to the participants of the program according to
				  the following guidelines:
1. The
				service provider shall train participants who will drive the vehicle on the use
				of the ignition interlock device.
2. A reference and problem solving guide
				shall be given to participants at the time of installation. The guide shall
				include information on the location of service centers, servicing procedures,
				emergency procedures and how the device detects non-compliance. In addition,
				the guide should include the type of vehicle malfunctions or repairs that might
				affect the ignition interlock device and what to do when such reports are
				necessary and provide the twenty-four (24) hour toll free telephone number in
				the event of device failure or vehicle problems related to the interlock
				device.
Miss. Code Ann.
				  §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 505 - CRIME LAB - IGNITION INTERLOCK DEVICE PROGRAM › Chapter 7 - Facility and Personnel Requirements › Rule 31-505-7.1 - Facility and Personnel Requirements

Current through June 25, 2024
A successful vendor must demonstrate the ability to establish
				  service centers and employ personnel according to the following
				  guidelines:
1. Locations for service
				centers shall be within the geographical boundaries of the state of Mississippi
				and approved by the MDPS. All service centers shall be operational at the time
				of start-up for the program. Service must be in a fixed location and
				facility.
2. Service centers shall
				be easily accessible and open during normal business hours and may be flexible
				to meet the needs of participants.
3. Adequate security measures shall be taken
				to ensure that unauthorized personnel cannot gain access to secured
				materials.
4. Service centers shall
				be constructed in such a manner that the participant or any other unauthorized
				personnel cannot witness the installation and servicing of the ignition
				interlock device.
5. Personnel who
				work for the service provider shall be subject to having both a criminal record
				check and a driver's license record check by the MDPS.
6. Personnel shall be trained by the service
				provider to install, remove and access data.
Miss. Code Ann.
				  §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 505 - CRIME LAB - IGNITION INTERLOCK DEVICE PROGRAM › Chapter 8 - Required Dissemination of Information › Rule 31-505-8.1 - Required Dissemination of Information

Current through June 25, 2024
1. The service
				provider will be responsible for providing information regarding the program's
				participants, complaints or concerns, technical problems encountered when
				requested by the MDPS.
2. The
				service provider shall inform the MDPS of any hardware modifications to the
				ignition interlock device undertaken by the manufacturer.
3. The service provider shall provide to the
				MDPS proof of installation and the results of servicing.
4. The service provider shall provide public
				information to interested applicants concerning the device and costs of the
				program.
Miss. Code Ann.
				  §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 505 - CRIME LAB - IGNITION INTERLOCK DEVICE PROGRAM › Chapter 9 - Program Fees › Rule 31-505-9.1 - Program Fees

Current through June 25, 2024
1. The costs for
				leasing, monitoring, servicing, installation, and removing shall be the
				responsibility of the program participant.
2. The fees for leasing or buying,
				monitoring, servicing, installation and removal of the ignition interlock
				device shall be a reasonable rate.
a.
Non-indigent Participant
i. The fee for installation of ignition
				interlock devices shall not exceed $150.
ii. Approved ignition interlock installers
				shall charge reasonable and customary fees not to exceed a total of $100 per
				month for leasing, monitoring, and maintaining devices.
iii. Approved ignition interlock installers
				shall charge reasonable and customary fees, not to exceed a total of $70 for
				the removal of devices.
iv. The fee
				for periodic inspections, calibrations or repair shall not exceed $70.
Mississippi Administrative Code › Title 31 - Public Safety › Part 505 - CRIME LAB - IGNITION INTERLOCK DEVICE PROGRAM › Chapter 10 - Application Procedures › Rule 31-505-10.1 - Application Procedures

Current through June 25, 2024
The Department of Public Safety annually certifies all
				  vendors that provide ignition interlock services in the state of
				  Mississippi.
1. Application for
				approval as an authorized service provider must be made by submitting a letter
				requesting approval of a breath alcohol ignition interlock device to the
				Mississippi Department of Public Safety, Implied Consent Section, 1700 East
				Woodrow Wilson, Jackson, MS 39216, in a manner as described herein.
a. Submit a complete application for
				certification and remit the appropriate fee.
b. Provide a lab certification demonstrating
				the device meets or exceeds the most current National Highway Traffic Safety
				Administration (NHTSA) Model Specifications for Breath Alcohol Ignition
				Interlock Devices 78 FR 26862 (2013-05-08)
c. Provide a certificate of insurance, issued
				by an insurance company authorized to conduct business in Mississippi,
				specifying:
i. A product liability policy
				shall indemnify and hold harmless the state of Mississippi from any and all
				claims with a current effective date;
ii. The name and model number of the device
				model covered by the policy;
iii.
				Policy coverage of at least one million dollars ($1,000,000) per occurrence and
				three million ($3,000,000) in the aggregate;
iv. The manufacturer as the insured and the
				state of Mississippi as an additional insured;
v. Product liability coverage for defects in
				manufacture, materials, design, calibration, installation and operation of the
				device; and
vi. Notification to the
				MDPS of at least forty-five (45) day prior written notice of cancellation,
				material change, or intent to lapse.
Mississippi Administrative Code › Title 31 - Public Safety › Part 505 - CRIME LAB - IGNITION INTERLOCK DEVICE PROGRAM › Chapter 11 - Ignition Interlock Indigent Form › Rule 31-505-11.1 - Ignition Interlock Indigent Form

Current through June 25, 2024
Click
				  Here To View Image
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				  Here To View Image
Miss. Code Ann.
				  §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 505 - CRIME LAB - IGNITION INTERLOCK DEVICE PROGRAM › Chapter 12 - Ignition Interlock Installation Form › Rule 31-505-12.1 - Ignition Interlock Installation Form

Current through June 25, 2024
Click
				  Here To View Image
Miss. Code Ann.
				  §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 505 - CRIME LAB - IGNITION INTERLOCK DEVICE PROGRAM › Chapter 13 - Ignition Interlock Device Approval Application › Rule 31-505-13.1 - Ignition Interlock Device Approval Application

Current through June 25, 2024
Click
				  Here To View Image
Click
				  Here To View Image
Miss. Code Ann.
				  §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 506 - CRIME LAB BREATH ALCOHOL TESTING STANDARD OPERATING PROCEDURES › Chapter 1 - Purpose and Scope › Rule 31-506-1.1 - Purpose and Scope

Current through June 25, 2024
The purpose of this Breath Alcohol Testing document is to
				  establish rules and regulations applicable to the Implied Consent laws of the
				  State of Mississippi pursuant to
Miss. Code Ann.
§
									63-11-1.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 506 - CRIME LAB BREATH ALCOHOL TESTING STANDARD OPERATING PROCEDURES › Chapter 3 - Evidentiary Breath Alcohol Instrument › Rule 31-506-3.1 - Evidentiary Breath Alcohol Instrument

Current through June 25, 2024
The Department of Public Safety has adopted the Intoxilyzer
				  8000 Mississippi Version of which is manufactured by CMI, Inc. as the only
				  accepted evidentiary instrument for use in breath alcohol testing in the State
				  of Mississippi pertaining to the Implied Consent laws in the Mississippi Code
				  of 1972 Annotated.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 506 - CRIME LAB BREATH ALCOHOL TESTING STANDARD OPERATING PROCEDURES › Chapter 4 - Intoxilyzer 8000 Instrument Certification › Rule 31-506-4.1 - Intoxilyzer 8000 Instrument Certification

Current through June 25, 2024
Pursuant to
Miss. Code Ann.
§§
									63-11-1
				  and
				  63-11-19,
				  all Intoxilyzer 8000 instruments used for evidentiary breath alcohol testing
				  shall have a Certification of Calibration and Operation (Form IP-54E) on file
				  with the Implied Consent Section of the Mississippi Crime Laboratory or
				  designee.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 506 - CRIME LAB BREATH ALCOHOL TESTING STANDARD OPERATING PROCEDURES › Chapter 5 - Intoxilyzer Locations › Rule 31-506-5.1 - Intoxilyzer Locations

Current through June 25, 2024
An agency may submit a request in writing to be considered by
				  the Implied Consent Section of the Mississippi Crime Laboratory or designee as
				  an Intoxilyzer 8000 location. Criteria to be used in the selection of
				  Intoxilyzer 8000 locations are specified in Part 506 Chapter 6 Intoxilyzer
				  Location Certification. If an agency desires to purchase its own instrument,
Miss. Code Ann.
§
									63-11-47
				  will apply. Each location must meet all criteria for location certification.
				  The Implied Consent Section of the Mississippi Crime Laboratory or designee
				  will evaluate each agency's request based upon established criteria for
				  Intoxilyzer 8000 locations and will approve or disapprove the proposed location
				  and will be notified in writing.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 506 - CRIME LAB BREATH ALCOHOL TESTING STANDARD OPERATING PROCEDURES › Chapter 6 - Intoxilyzer Location Certification › Rule 31-506-6.1 - Intoxilyzer Location Certification

Current through June 25, 2024
1. Pursuant to
Miss. Code Ann.
§§
									63-11-1
				and
				63-11-19,
				all Intoxilyzer 8000 locations will be certified using the Intoxilyzer Location
				Certification (Form IP-65E), which is on file with the Implied Consent Section
				of the Mississippi Crime Laboratory or designee. All certified locations must
				follow any and all directives concerning use and care of the Intoxilyzer 8000
				instruments in order to maintain the Intoxilyzer 8000 Certification. In order
				for an agency to be selected and approved as an Intoxilyzer 8000 location, it
				must meet all the following criteria:
a.
				Designate and maintain a secure location for instrument installation.
b. Provide adequate work space and
				secure storage for expendables such as printer paper and mouth
				pieces.
c. Insure that supplies
				left at location for the Intoxilyzer 8000 are to be used only for that
				instrument.
d. Instrument
MUST
be maintained in a clean area away
				from eating, drinking, and smoking.
e. Provide grounded electrical outlet meeting
				Intoxilyzer 8000 instrument specifications.
f. The location will provide a dedicated
				analog phone line for the Intoxilyzer 8000 or NCIC line for communication with
				the Implied Consent Section of the Mississippi Crime Laboratory or designee. If
				the location is mobile (SUV, truck, van, etc.), the agency shall bring their
				assigned instrument to the Implied Consent Section of the Mississippi Crime
				Laboratory or designee as required for maintenance, downloading, uploading, and
				calibration.
g. Allow all qualified
				individuals with permits issued under
Miss. Code. Ann.
§
										63-11-19
				access to instrument for the purpose of conducting breath alcohol
				testing.
h. Average of 2 or more
				tests a month per calendar year to maintain certifications.
i. Allow MHP and MCL personnel access to
				instruments for routine inspections, calibration checks, or any needed
				service.
j. Assume responsibility
				for repair costs resulting from abuse of instrument.
k. Instrument must pass IP-60E checklist at
				location.
l. Supply paper and toner
				cartridges for the external printer provided with the Intoxilyzer
				8000.
m. The location must comply
				with any and all Implied Consent directives issued by the Implied Consent
				Section of the Mississippi Crime Laboratory or designee.
n. Use of the Intoxilyzer 8000 shall be restricted to
				the enforcement of DUI and BUI Laws of the Mississippi Code of 1972
				Annotated.
Mississippi Administrative Code › Title 31 - Public Safety › Part 506 - CRIME LAB BREATH ALCOHOL TESTING STANDARD OPERATING PROCEDURES › Chapter 7 - Breath Alcohol Simulator › Rule 31-506-7.1 - Breath Alcohol Simulator

Current through June 25, 2024
The breath alcohol simulators are to be certified yearly or
				  as required by repair or service. The certification is reported on the Implied
				  Consent Simulator Certification (Form IP-62E) and is on file with the Implied
				  Consent Section of the Mississippi Crime Laboratory or
				  designee.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 506 - CRIME LAB BREATH ALCOHOL TESTING STANDARD OPERATING PROCEDURES › Chapter 8 - Certified Breath Alcohol Standards › Rule 31-506-8.1 - Certified Breath Alcohol Standards

Current through June 25, 2024
Breath alcohol reference standard solutions are purchased in
				  the concentrations utilized in the calibration of the Intoxilyzer 8000. These
				  solutions are certified by the manufacturer to be consistent of each
				  concentration throughout the lot. The Mississippi Crime Laboratory analyzes
				  random samples of each lot number of breath alcohol reference standard
				  solutions to ascertain the concentration value for use in the calibration of
				  the Intoxilyzer 8000. The analysis of the breath alcohol reference standard
				  solutions is performed using gas chromatography. The result of analysis is
				  reported on the Implied Consent Certificate of Analysis (Form IP-61) and is on
				  file with the Implied Consent Section of the Mississippi Crime Laboratory or
				  designee.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 506 - CRIME LAB BREATH ALCOHOL TESTING STANDARD OPERATING PROCEDURES › Chapter 9 - Dry Gas Ethanol Standard › Rule 31-506-9.1 - Dry Gas Ethanol Standard

Current through June 25, 2024
Dry gas ethanol standards are purchased from manufacturers
				  that certify the ethanol concentration using N.I.S.T. traceable standards. Each
				  lot of dry gas ethanol standard comes with a manufacturer's certificate of
				  analysis. This certificate is on file with the Implied Consent Section of the
				  Mississippi Crime Laboratory or designee. These dry gas standards are used to
				  check the calibration of the Intoxilyzer 8000.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 506 - CRIME LAB BREATH ALCOHOL TESTING STANDARD OPERATING PROCEDURES › Chapter 10 - Intoxilyzer Calibration Check › Rule 31-506-10.1 - Intoxilyzer Calibration Check

Current through June 25, 2024
Miss.
Code Ann.
§
									63-11-19
				  requires that calibration checks be performed at least once a quarter on breath
				  alcohol instruments. The calibration checks of Intoxilyzer 8000 instruments are
				  performed when an instrument is installed or removed from a location, when a
				  dry gas ethanol standard is changed and with each breath test. The quarterly
				  calibration checks are performed remotely by the Implied Consent Section of the
				  Mississippi Crime Laboratory or designee. These are recorded on Form IP-16E.
				  Certifiers of calibration perform calibration checks on instruments: a) when
				  they are installed, b) removed from a location if possible, and C) when a dry
				  gas ethanol standard is changed. These calibration checks are recorded on Form
				  IP-03E. The calibration checks performed with each breath test are
				  automatically performed by the instrument during the breath test sequence.
				  These calibration check results are recorded on each breath test on Form
				  IP-01E.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 506 - CRIME LAB BREATH ALCOHOL TESTING STANDARD OPERATING PROCEDURES › Chapter 11 - Release of Information › Rule 31-506-11.1 - Release of Information

Current through June 25, 2024
Records of two (2) calibration checks (the calibration check
				  immediately before and the calibration check immediately after the subject test
				  in question) will be supplied upon request. The request must be made in writing
				  giving the test subject's name, the date of the test, the testing location, and
				  the serial number of the instrument used to perform the test. The Implied
				  Consent Section of the Mississippi Crime Laboratory or designee will adhere to
				  U.S. Copyright laws as to the release of any copyrighted
				  materials.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 506 - CRIME LAB BREATH ALCOHOL TESTING STANDARD OPERATING PROCEDURES › Chapter 12 - Records Maintenance › Rule 31-506-12.1 - Records Maintenance

Current through June 25, 2024
All official records for the Intoxilyzer 8000 of the State of
				  Mississippi will be maintained by the Implied Consent Section of the
				  Mississippi Crime Laboratory or designee. The records will be maintained in
				  either an electronic file or paper file.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 506 - CRIME LAB BREATH ALCOHOL TESTING STANDARD OPERATING PROCEDURES › Chapter 13 - Permits to Conduct Breath Alcohol Tests › Rule 31-506-13.1 - Permits to Conduct Breath Alcohol Tests

Current through June 25, 2024
Pursuant to
Miss. Code Ann.
§§
									63-11-5
				  and
				  63-11-19,
				  operators conducting a chemical test of an individual's breath to ascertain
				  alcohol level shall hold a valid permit issued by the Mississippi Crime
				  Laboratory or designee in order to conduct such tests. The Permit to Conduct
				  Breath Analysis (Form IP-51E) for determination of alcohol level shall be valid
				  for twenty-four (24) months. Pursuant to
Miss. Code Ann.
§§
									63-11-5
				  and
				  45-6-1,
				  et seq., no permit will be issued to any law enforcement officer who has not
				  met minimum standards;" provided, however, that sheriffs and elected chiefs of
				  police shall be exempt from such educational and training
				  requirements."
Miss. Code Ann. §
										45-1-3