reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 11 - LEGISLATIVE GRANT PROGRAMS › Chapter 1 - MISSISSIPPI ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES (MAICU) INFRASTRUCTURE GRANT PROGRAM ACT OF 2022 › Rule 12-11-1.1 - MAICU INFRASTRUCTURE GRANT Applications

Current through June 25, 2024
Within the Mississippi Department of Finance and
				  Administration, certain eligible independent colleges and universities may
				  apply for reimbursable grants to make necessary investments in water,
				  wastewater, stormwater, broadband and other eligible infrastructure projects to
				  be funded by the Legislature utilizing the Coronavirus State Fiscal Recovery
				  Funds made available under the American Rescue Plan Act (ARPA).
(a) To apply for funding under this Act,
				eligible applicants should visit the Mississippi Department of Finance and
				Administration website located at
https://www.dfa.ms.gov/
and click on the
				MAICU icon located under
Covid-19 Information and
				Resources.
(b) All
				application procedures, deadlines and rules related to administration of the
				MAICU Grant Program are located within the referenced MAICU portal.
S.B. No. 2700,
				  Mississippi Legislature 2022 Regular Session
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 11 - LEGISLATIVE GRANT PROGRAMS › Chapter 2 - INDEPENDENT SCHOOLS INFRASTRUCTURE GRANT PROGRAM ACT OF 2022 › Rule 12-11-2.1 - INDEPENDENT SCHOOLS INFRASTRUCTURE GRANT Applications

Current through June 25, 2024
Within the Mississippi Department of Finance and
				  Administration, certain eligible independent schools may apply for reimbursable
				  grants to make necessary investments in water, wastewater, stormwater,
				  broadband and other eligible infrastructure projects to be funded by the
				  Legislature utilizing the Coronavirus State Fiscal Recovery Funds made
				  available under the federal American Rescue Plan Act (ARPA).
(a) To apply for funding under this Act,
				eligible applicants should visit the Mississippi Department of Finance and
				Administration website located at
https://www.dfa.ms.gov/
and click on the
				INDEPENDENT SCHOOLS INFRASTRUCTURE icon located under Covid-19 Information and
				Resources.
(b) All application
				procedures, deadlines and rules related to administration of the PROGRAM are
				located within the referenced INDEPENDENT SCHOOLS INFRASTRUCTURE portal.
S.B. No. 2780,
				  Mississippi Legislature 2022 Regular Session
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 1 - General Information › Rule 12-12-1.1 - Description of BEAM

Current through June 25, 2024
BEAM is an Office within the Department of Finance and
				  Administration established by the Mississippi Legislature in Section 3 of the
				  Broadband and Accessibility of Mississippi (BEAM) Act ("BEAM Act"), 2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029).
(1) BEAM
				was established for the purpose of making determinations and awards from
				applications for projects to provide broadband services in the state using the
				Broadband Expansion and Accessibility of Mississippi (BEAM) Fund ("BEAM Fund")
				created pursuant to Section 4(4) of the BEAM Act.
(2) BEAM is also tasked with coordinating all
				broadband expansion and accessibility efforts within the state to ensure an
				effective and efficient use of broadband grant funds and coordinating all
				information provided by broadband service providers to the state, including all
				broadband mapping efforts for the state. Any broadband service provider who
				fails or refuses to provide data and information requested and required by BEAM
				in furtherance of these tasks will be ineligible for grant funding.
Miss. Code
				  Ann. §
										25-43-2.104; 2022 Miss. Laws, Ch.
				  397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 1 - General Information › Rule 12-12-1.2 - Access to General Information

Current through June 25, 2024
General information regarding BEAM, including contact
				  information, is available at the BEAM website:
www.beam.ms.gov
.
Miss. Code
				  Ann. §
										25-43-2-104; 2022 Miss. Laws, Ch.
				  397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 1 - General Information › Rule 12-12-1.3 - Adoption of Rules

Current through June 25, 2024
BEAM has authority under the BEAM Act to develop rules and
				  procedures as necessary to implement broadband grant programs. Such rules will
				  be adopted in accordance with the procedures required under the Mississippi
				  Administrative Procedure Law, Miss. Code Ann. §
									25-43-1.101 et
				  seq.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 1 - General Information › Rule 12-12-1.4 - Definitions

Current through June 25, 2024
In these rules (Title 12, Part 12), the following definitions
				  apply:
(1) "Applicant" means an
				eligible broadband service provider that has authorization to do business in
				this state and has demonstrated that it has the technical, financial and
				managerial resources and experience to provide broadband services in the state
				to retail end users.
(2) "Broadband
				service" means a mass-market retail service by wire, cable, fiber, or radio
				provided to customers in the State of Mississippi that provides the capability
				to transmit data to, and receive data from, all or substantially all Internet
				endpoints, at speeds of at least one hundred (100) megabits per second
				downstream and twenty (20) megabits per second upstream, and including, but not
				limited to, any capabilities that are incidental to and enable the operation of
				communications service, but excluding dial-up Internet access
				service.
(3) "Office" means the
				Office of Broadband Expansion and Accessibility of Mississippi (BEAM) within
				the Department of Finance and Administration created in Section 3 of the BEAM
				Act, and is also referred to herein as "BEAM."
(4) "Deployed" means, with respect to
				availability of broadband service at a location, when the person or entity has
				access regardless of whether a person or entity subscribes to the broadband
				service at the location.
(5)
				"Eligible broadband service provider" means any company, firm, corporation,
				limited liability company, partnership, or association (i) that has been
				providing broadband service to at least one hundred (100) residences and
				businesses in Mississippi for at least three (3) consecutive years; (ii) is an
				electric power association's broadband affiliate operating pursuant to Miss.
				Code Ann. §
									77-17-1 et seq.; or (iii) that has
				demonstrated financial, technical, and operational capability in building and
				operating a broadband network.
(6)
				"Eligible project" means a discrete and specific project located in an unserved
				or underserved area of the state seeking to provide broadband services to
				residences, businesses, and community institutions not currently available for
				service in accordance with the applicable federal guidelines.
(7) "Shapefile" means a digital storage
				format containing geospatial or location-based data and attribute information
				regarding the availability of broadband Internet access service, and that can
				be viewed, edited, and mapped in geographic information system
				software.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 2 - BEAM Fund Grant Programs - General Information › Rule 12-12-2.1 - Objectives of BEAM Fund Grant Programs

Current through June 25, 2024
The goal of the State and BEAM is to use sources within the
				  BEAM Fund to provide connectivity for as many Mississippians as possible by
				  expanding accessibility of broadband service within the
				  state.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 2 - BEAM Fund Grant Programs - General Information › Rule 12-12-2.3 - Common requirements of broadband infrastructure categories

Current through June 25, 2024
All categories of the BEAM Fund Grant Programs share the
				  following requirements:
(1) Limited to
				projects in locations in which at least 80 percent of the residences,
				businesses, and community institutions are without access to broadband service
				as defined in Rule 1.4(2);
(2) Download speeds of 100 Mbps and upload
				speeds of at least 20 Mbps, with demonstrated scalability to 100
				Mbps;
(3) Project costs limited to
				new construction and may be directly related to the upfront investment
				associated with installing and/or upgrading existing broadband facilities on a
				onetime capital improvement basis.
(4) Awards limited to $5 million per project
				unless substantial justification for a higher amount is presented to and
				approved by BEAM, with projects being reimbursed for actual capital expenses up
				to the maximum project cost identified in the award;
(5) Disbursements to be made from the BEAM
				Fund by the Department of Finance and Administration following provision by the
				grantee of verifiable information that moneys were expended consistent with the
				terms of the final determination awarded by BEAM and any requirements of
				applicable federal law;
(6)
				Projects which are selected may be reimbursed for actual capital expenses up to
				the maximum project cost identified in the award.
(7) Participation in the Affordable
				Connectivity Program.
(8) Funding
				shall not be used for costs that are reimbursable by other federal funding
				streams but may be used for complementary funding;
(9) Projects that incidentally cover served
				addresses may be reimbursable if the expenditure is not solely to benefit a
				served address, but customer drops, installations, and equipment at
				incidentally served addresses are not eligible for reimbursement; and
(10) Compliance with all state and federal
				laws, rules, regulations, and guidance is required.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 2 - BEAM Fund Grant Programs - General Information › Rule 12-12-2.4 - Eligible entities for grants

Current through June 25, 2024
Entities eligible for funding in these categories shall be
				  those as defined in the Federal Guidance for the Coronavirus Capital Project
				  Funds §1(A) or other applicable federal law that also meet the definition
				  of an applicant as set forth in the BEAM Act § 2(a) and in these
				  rules.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 2 - BEAM Fund Grant Programs - General Information › Rule 12-12-2.5 - Eligible areas for grants

Current through June 25, 2024
All areas in Mississippi without broadband service as defined
				  in Rule 1.2(4) are eligible
				  for funding under the BEAM Fund Grant Programs in the categories provided in
				  Rule 2.2(1)-(4). No final
				  award will be made if the proposed project includes an area where broadband is
				  currently deployed, or where construction of a network to deploy broadband
				  service is underway by a provider other than the applicant, and the
				  construction is scheduled to be completed within one year after the date of the
				  application. Areas with no current access to internet service with at least 25
				  Mbps download and 3 Mbps upload (25/3) are considered critical need areas.
				  Addresses with current or future access to service only by satellite providers
				  or mobile wireless networks are also considered critical need areas. Eligible
				  areas of critical need will be determined by census block based on FCC data as
				  supplemented by current state data and posted on BEAM's website in advance of
				  the opening of the application window.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 3 - BEAM Fund Grant Programs - Application Process › Rule 12-12-3.1 - Notification

Current through June 25, 2024
BEAM will provide on its website: advance notice of the date
				  any application window will be opened for acceptance of applications; the date
				  that any application window will be closed; an application form for the grant
				  in question; and the scoring criteria to be used by BEAM in reviewing the grant
				  applications. A link on BEAM's website will allow persons to submit an email
				  address to which they wish to receive automatic email notifications from
				  BEAM.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 3 - BEAM Fund Grant Programs - Application Process › Rule 12-12-3.2 - Electronic submission of applications

Current through June 25, 2024
Grant applications must be submitted electronically through
				  BEAM's online grant portal, the link of which will be on BEAM's website at
www.beam.ms.gov
.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 3 - BEAM Fund Grant Programs - Application Process › Rule 12-12-3.3 - Required information

Current through June 25, 2024
Each applicant will be required to provide the following
				  information:
(1) The location of the
				project by use of a shapefile and, if required, address level location
				data;
(2) The type and amount of
				broadband infrastructure to be deployed for the project, including the amount
				the applicant intends to invest in the project from private funds;
(3) Evidence regarding the nature of the
				broadband service, if any, available in the community in which the project is
				to be located;
(4) The number of
				households, businesses, community anchor institutions, or other entities that
				will have access to broadband service as a result of the project, or whose
				Internet access service will be upgraded to broadband service as a result of
				the project;
(5) The significant
				community institutions that will benefit from the proposed project;
(6) Evidence of community support for the
				project with a narrative description of the impact that the investment will
				have on community and economic development efforts in the area;
(7) The total cost of the project and a
				detailed budget and schedule for the project (showing major milestones),
				including the submission of a business plan that provides for the use of funds
				provided under the BEAM Act, shows all other sources of funding for the
				project, and confirms that BEAM grant funds shall not be used to support the
				operational expenses of the network or to subsidize any other service provided
				by the applicant;
(8) The broadband
				service provider's experience and financial capabilities to deploy, operate,
				and manage the proposed project and broadband service offerings, including any
				evidence of the applicant's successful operations of broadband services to
				retail end users, as well as evidence that the broadband service provider can
				meet all applicable federal grant program requirements;
(9) The network technology standard to be
				used;
(10) Service tiers and costs
				where applicable, including any low cost options;
(11) Whether the applicant is willing to use
				Mississippi-based employees to the fullest extent possible if awarded grant
				funds; and
(12) Any additional
				information that BEAM may deem necessary for its consideration of the
				application and is requested by BEAM during the review process.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 4 - Application Review Process and Preliminary Determinations › Rule 12-12-4.1 - Scoring Rubric

Current through June 25, 2024
Applications will be competitively scored using the rubric
				  of requirements published on the BEAM website prior to the opening of the
				  application window.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 4 - Application Review Process and Preliminary Determinations › Rule 12-12-4.2 - Initial review of applications

Current through June 25, 2024
After the closing of the application window, the Office will
				  review all applications thoroughly and expeditiously. In conducting this
				  review, the Office shall consider the following guidelines and factors:
(1) Funds for the grant programs must only be
				used by applicants for projects that exclusively extend broadband service as
				defined herein into areas of the state without such service;
(2) Funds from federal broadband grant
				programs must be spent in accordance with federal laws, rules, regulations, and
				guidance, and federal laws, rules, regulations, and guidance shall supersede in
				any instance where the BEAM Act conflicts;
(3) The applicant's experience and financial
				wherewithal to deploy, operate, and manage the proposed project and broadband
				service offerings, including evidence of the applicant's successful operations
				of broadband services to retail end users;
(4) The readiness to build, operate, and
				maintain the project;
(5) Projects
				that will deploy broadband service to critical need areas;
(6) The scalability of the proposed project
				network to support the deployment of higher broadband speeds over
				time;
(7) The likelihood that the
				area will not be served with broadband service without such state or federal
				funding;
(8) The applicant's
				ability to demonstrate the community's support for the project and a
				collaborated plan to leverage broadband services for community needs and
				economic development, such as rural development, education, tourism, new
				investment, or business attraction or retention;
(9) A preference for those applications
				seeking to deploy and provide broadband services to areas in which there is
				currently no fixed terrestrial internet access service available;
(10) Subject to subparagraph 9 above, no
				discrimination or preference to applications on the basis of the type of
				technology proposed by any applicant to be used to provide broadband services
				so long as the technology proposed meets the federal guidelines;
(11) The size and scope of the project area
				to be deployed; and
(12) The
				broadband service speed thresholds proposed in the application and the
				scalability of the broadband service network infrastructure proposed to be
				deployed to provide broadband service to households and businesses (with
				projects that do not meet the 100/100 Mbps symmetrical speed being subject to
				heightened review unless the applicant demonstrates excessive deployment costs
				per location or geographic barriers precluding such speeds).
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 4 - Application Review Process and Preliminary Determinations › Rule 12-12-4.3 - Requests for Additional Information or Clarification

Current through June 25, 2024
The Office may seek additional information or clarification
				  from an applicant during the initial review process if the Office determines
				  such is necessary for an informed review of an application. An applicant's
				  refusal to provide such information will be a basis for denial of the
				  application being considered.
2022 Miss.
				  Law, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 4 - Application Review Process and Preliminary Determinations › Rule 12-12-4.4 - Preliminary Determinations

Current through June 25, 2024
After its initial review is completed, BEAM will publish on
				  its website: the identity of each application project receiving a preliminary
				  determination; the proposed geographic broadband service area for each
				  application that receives a preliminary determination illustrated by a
				  shapefile; and the proposed broadband service speeds for each application that
				  receives a preliminary determination. No information exempt from disclosure
				  under the BEAM Act shall be published.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 5 - Investigation of Comments and Objections; Final Determinations › Rule 12-12-5.1 - Comments or Objections

Current through June 25, 2024
For a period of thirty (30) days following the publication of
				  the preliminary determinations on BEAM's website, BEAM shall accept comments or
				  objections concerning the preliminary determinations. Said comments or
				  objections should be submitted in writing to BEAM (email is acceptable) and
				  must be received by BEAM within this thirty-day period.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 5 - Investigation of Comments and Objections; Final Determinations › Rule 12-12-5.2 - Investigation of Comments or Objections

Current through June 25, 2024
The Office will investigate all comments and objections
				  received, and the findings from those investigations will be considered in
				  determining whether an applicant is eligible for a final determination and
				  award. A final determination and award shall not be made to an applicant if
				  verifiable information is made available that shows the proposed project
				  includes an area where broadband services currently are deployed, or where
				  construction of a network to deploy broadband service is underway by a provider
				  other than the applicant, and the construction is scheduled to be completed
				  within one (1) year after the date of the application.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 5 - Investigation of Comments and Objections; Final Determinations › Rule 12-12-5.4 - Final Determinations

Current through June 25, 2024
The Office will publish final determinations on its website
				  as to applications to be awarded grant funds. No information exempt from
				  disclosure under the BEAM Act will be included in the
				  publication.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 6 - Compliance Monitoring › Rule 12-12-6.1 - Monitoring of compliance with grant requirements

Current through June 25, 2024
Ongoing compliance with the requirements of any grant award
				  may be monitored by the BEAM Office. Any such monitoring shall comply with
				  state and federal law.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 7 - Protection of Confidential Information; Public Records Access › Rule 12-12-7.1 - Limitation on data required to be submitted by broadband service providers

Current through June 25, 2024
In accordance with Section 4(2)(d) of the BEAM Act, a
				  broadband service provider shall in no instance be required to provide any data
				  beyond that which it is required to provide to the Federal Communications
				  Commission pursuant to 47
				  U.S.C. §
										641 et seq.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 7 - Protection of Confidential Information; Public Records Access › Rule 12-12-7.2 - Protection of Confidential Information from Disclosure under BEAM Act

Current through June 25, 2024
Information described below in subsections (1) and (2) that
				  is received by the Office is confidential and not subject to disclosure except
				  as provided by the BEAM Act or any applicable federal law.
(1) All information provided by a broadband
				service provider pursuant to the BEAM Act shall be presumed to be confidential,
				proprietary, and subject to exemption from disclosure under state and federal
				law and shall not be subject to disclosure except in the form of a map where
				information that could be used to determine provider-specific information about
				the network of the broadband service providers is not disclosed. Such
				provider-specific information shall not be released to any person without
				written permission of the submitting broadband service provider.
(2) Any trade secrets, financial information,
				or proprietary information submitted under the BEAM Act by any person or entity
				as part of an application or challenge are exempt from disclosure under the
				Mississippi Public Records Act, Section
				25-61-1 et seq.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 7 - Protection of Confidential Information; Public Records Access › Rule 12-12-7.3 - Requests for access to public records

Current through June 25, 2024
Records of the Office not protected from disclosure under the
				  BEAM Act or other laws are available for inspection and copying pursuant to the
				  procedures set forth in the Mississippi Administrative Code, Title 12 (Finance
				  and Administration), Part 2 (Public Records Request Procedures), Chapter 1
				  (Rules for Accessing Public Documents), as adopted by the Mississippi
				  Department of Finance and Administration.
2022 Miss.
				  Laws, Ch. 397 (H.B. No. 1029); Miss. Code Ann. §
										25-61-5
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 8 - Declaratory Opinions › Rule 12-12-8.1 - Requests for Declaratory Opinions

Current through June 25, 2024
Any request for a declaratory opinion will be handled in
				  accordance with the policies and procedures adopted by the Department of
				  Finance and Administration as set forth in the Mississippi Administrative Code,
				  Title 12 (Finance and Administration), Part 1 (Organizational Rules), Chapter 3
				  (Declaratory Opinions).
Miss. Code
				  Ann. §
										25-43-2.103
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 12 - Office of Broadband Expansion and Accessibility of Mississippi (BEAM) › Chapter 9 - Effective Date › Rule 12-12-9.1

Current through June 25, 2024
Effective date of Rules
				  1.1 through
				  9.1 of Title 12, Part 12. The rules
				  set forth herein in Title 12 (Finance and Administration), Part 12 (Office of
				  Broadband Expansion and Accessibility of Mississippi (BEAM)), Chapters 1
				  through 9, which confer only benefits to the public or some segments thereof in
				  providing procedures for the granting of funds for the expansion of broadband
				  services in the state, and which accordingly should be adopted and implemented
				  as expeditiously as possible, shall be effective immediately upon the filing
				  with the Office of the Secretary of State of the final rules as adopted by the
				  BEAM Office, in accordance with Miss. Code Ann. §
									25-43-3.113(2)(b)(ii).
Miss. Code
				  Ann. §
										25-43-3.113
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 1 - GENERAL PROVISIONS › Rule 13-1-1.1 - Appointment Of Committees

Current through June 25, 2024
The Commission may at its discretion appoint committees to
				  study and report to the Executive Director or the Commission any matter
				  appropriate to the Commission's administration of the Act or these regulations.
				  (Adopted: 09/25/1991; Amended: 01/22/1998.)
Miss. Code Ann. §
										75-76-23
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 1 - GENERAL PROVISIONS › Rule 13-1-1.2 - Definitions

Current through June 25, 2024
The terms defined in the Mississippi Gaming Control Act have
				  the same meaning in these regulations as they have in that Act, unless the
				  context otherwise requires. As used in these regulations, the following terms
				  have the following definitions, unless the context requires otherwise.
(a) "Act" means the Mississippi Gaming Control Act.
(b) "Operating licensee" means the person or entity licensed
				  to actually operate a particular gaming establishment.
(c) "Executive Director" includes any duly authorized agent
				  of the Executive Director. (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-5
				  (Rev. 2004).
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 2 - PUBLIC AND CONFIDENTIAL RECORDS › Rule 13-1-2.2 - Confidential Record

Current through June 25, 2024
Confidential records may only be released as prescribed in
				  this regulation. Confidential records include, but are not limited to:
(a) Agency work product;
(b) Applicant records;
(c) Financial records;
(d) Transcripts of investigative and other
				closed hearings including, but not limited to, work permit and personnel
				hearings;
(e) Preliminary filings
				with the Commission by applicants, licensees, or registered publicly traded
				corporations including, but not limited to:
1.
				Preliminary documents filed by publicly traded corporations with the United
				States Securities and Exchange Commission; and
2. Reorganization and financing
				proposals;
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 2 - PUBLIC AND CONFIDENTIAL RECORDS › Rule 13-1-2.3 - Sealing Of Documents

Current through June 25, 2024
(a) The Commission
				Chairman or the hearing examiner may allow any person interested in a contested
				case brought before the Commission by or against the Executive Director to file
				a document or portions of a document with the Commission under seal if:
1. The document or portions of the document
				contain information that is confidential pursuant to the Act or these
				regulations;
2. The person makes a
				request in writing or on the record of a public hearing to allow the filing of
				the document or portions of the document under seal, setting forth the reasons
				that such filing under seal should be permitted;
3. The person requesting the filing of the
				document or portions of the document under seal has, to the extent practicable,
				segregated the portions of the document containing confidential information
				from the remainder of the document so that no more of the document than is
				necessary is filed under seal; and
4. The Commission Chairman or the hearing
				examiner finds that the public interest in maintaining the confidentiality of
				the information outweighs the public interest in making the information
				public.
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 2 - PUBLIC AND CONFIDENTIAL RECORDS › Rule 13-1-2.4 - Access To Public Record

Current through June 25, 2024
A request for access to public records must be made to a
				  custodian of records of the Commission. The Executive Director shall designate
				  the custodians of the Commission's records. The custodians of records shall
				  require payment of any duplication, or certification fees prior to release of
				  copies of the records. As soon as practicable after payment of the required
				  fees, the custodians of records shall provide copies of all public records
				  requested. The Executive Director may waive payment of the required fees.
				  (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-19
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 2 - PUBLIC AND CONFIDENTIAL RECORDS › Rule 13-1-2.5 - Access To Confidential Record

Current through June 25, 2024
(a) Except as
				otherwise provided in this section, the Commission may only release
				confidential records if ordered to do so by a court of competent jurisdiction
				following compliance with Miss. Code Ann. §
									75-76-153.
(b) All requests for access to confidential
				records must be made in writing to the Executive Director.
(c) Pursuant to a written request, as
				described in subsection (b), from any duly authorized agent of any agency of
				the United States Government, any state, or any political subdivision of this
				state, the Commission may release confidential records to the agency requesting
				them, except as otherwise provided in subsection (d), upon a finding by the
				Executive Director that the release is consistent with the policy of this state
				as reflected in the Act.
(d)
				Notwithstanding any other section of this regulation, the Commission may only
				release work permit records:
1. Pursuant to
				subsection (c), if the agency requesting the records is a law enforcement
				agency; or
2. Pursuant to
				subsection (e).
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 2 - PUBLIC AND CONFIDENTIAL RECORDS › Rule 13-1-2.6 - Unauthorized Procurement Of Records Prohibited

Current through June 25, 2024
An applicant, licensee, registered company, or enrolled
				  person shall not, directly or indirectly, procure or attempt to procure from
				  the Commission information or records that are not made available by proper
				  authority. Any violation of this regulation constitutes reasonable cause for
				  disciplinary action or to deny any application. (Adopted:
				  09/25/1991.)
Miss. Code Ann. §
										75-76-19
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 3 - ENROLLMENT OF ATTORNEYS, ACCOUNTANTS, AND AGENTS › Rule 13-1-3.1 - Eligibility To Practice

Current through June 25, 2024
No person shall be eligible to practice before the
				  Commission unless such person is enrolled in accordance with these regulations,
				  except that any individual may appear, without enrollment, on his own behalf or
				  on behalf of a member of his immediate family, if such appearance is without
				  compensation; and a member of a partnership, an officer of a corporation, or an
				  authorized regular employee of an individual, partnership, corporation, or
				  other business entity may likewise appear without enrollment in any matter
				  relating to such individual or business entity. (Adopted:
				  09/25/1991.)
Miss. Code Ann. §
										§
										75-76-33;
				  75-76-49
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 3 - ENROLLMENT OF ATTORNEYS, ACCOUNTANTS, AND AGENTS › Rule 13-1-3.2 - Scope Of Practice

Current through June 25, 2024
Practice before the Commission shall be deemed to include
				  all matters relating to the presentation of a client's matter to the
				  Commission, the Executive Director, or a hearing examiner, including the
				  preparation and filing of applications, reports, systems of internal control,
				  financial statements, or other documents submitted to the Commission on behalf
				  of such client. (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-33
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 3 - ENROLLMENT OF ATTORNEYS, ACCOUNTANTS, AND AGENTS › Rule 13-1-3.3 - Qualifications For Enrollment

Current through June 25, 2024
The following persons may be admitted to practice before the
				  Commission:
(a) Attorneys at law
				admitted to practice before the Supreme Court of the State of Mississippi and
				who are lawfully engaged in the active practice of their profession.
(b) Certified public accountants and public
				accountants qualified to practice under Mississippi law and who are lawfully
				engaged in active practice as such. (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-33
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 3 - ENROLLMENT OF ATTORNEYS, ACCOUNTANTS, AND AGENTS › Rule 13-1-3.4 - Procedures For Enrollment

Current through June 25, 2024
An attorney or accountant meeting the qualifications
				  described in section 3 shall be deemed automatically enrolled at the time the
				  attorney or accountant first appears for or performs any act of representation
				  on behalf of a client in any matter before the Commission. (Adopted:
				  09/25/1991.)
Miss. Code Ann. §
										75-76-33
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 3 - ENROLLMENT OF ATTORNEYS, ACCOUNTANTS, AND AGENTS › Rule 13-1-3.5 - Enrollment For A Particular Matte

Current through June 25, 2024
(a) The following
				persons may, upon motion of an enrolled person, be admitted to practice before
				the Commission for the purposes of a particular case or matter:
1. Attorneys at law who have been admitted to
				practice before the courts of any state or territory or the District of
				Columbia, and who are in good standing with the court by which they are
				licensed.
2. Certified public
				accountants or public accountants who have duly qualified to practice as such
				in their own names, under the laws and regulations of any state or territory or
				the District of Columbia, and who are in good standing with the entity by which
				they are licensed.
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 3 - ENROLLMENT OF ATTORNEYS, ACCOUNTANTS, AND AGENTS › Rule 13-1-3.6 - Suspension And Revocation Of Enrollment

Current through June 25, 2024
(a) A person's
				enrollment to practice before the Commission shall be suspended automatically
				without a hearing if his professional license is suspended or
				revoked.
(b) Any person enrolled to
				practice before the Commission may have his enrollment to practice suspended or
				revoked if, after a hearing, the Commission finds that:
1. The person made a materially false or
				misleading statement with regard to his application for enrollment;
2. The person willfully failed to exercise
				diligence in the preparation or presentation of any application, report, or
				other document filed with the Commission, or knowingly misrepresented any
				material fact to the Commission;
3.
				The person willfully violated or aided and abetted in the violation of any
				provision of the Act or these regulations;
4. The person does not possess the requisite
				qualifications or expertise to represent others before the Commission, lacks
				character or integrity, or has engaged in unethical or improper conduct.
(Adopted: 09/25/1991.)
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 3 - ENROLLMENT OF ATTORNEYS, ACCOUNTANTS, AND AGENTS › Rule 13-1-3.7 - Reinstatement

Current through June 25, 2024
(a) Any agent whose enrollment is suspended
				under section 6(a) shall be deemed automatically reinstated to practice before
				the Commission at the time he is reinstated to practice law or accounting by
				the applicable licensing authority.
(b) Any agent whose enrollment is suspended
				or revoked under section 6(b) may be reinstated by the Commission, upon
				application, for good cause shown. An applicant for reinstatement shall be
				afforded an opportunity for a hearing before the Commission on the application,
				and shall pay all reasonable costs of the proceeding. (Adopted:
				09/25/1991.)
Miss. Code Ann. §
										75-76-29
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 3 - ENROLLMENT OF ATTORNEYS, ACCOUNTANTS, AND AGENTS › Rule 13-1-3.8 - Proof Of Authority

Current through June 25, 2024
The Commission may require all persons seeking to appear
				  before it to disclose the identity of those they represent and to present proof
				  that they are authorized to act on their behalf. (Adopted:
				  09/25/1991.)
Miss. Code Ann. §
										75-76-33
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 3 - ENROLLMENT OF ATTORNEYS, ACCOUNTANTS, AND AGENTS › Rule 13-1-3.9 - Effect Of Representation

Current through June 25, 2024
(a) Any person
				represented by an attorney, accountant, agent, or other person before the
				Commission shall be bound by the acts or omissions of such representative to
				the same extent as if he had acted or failed to act personally.
(b) In any appearance by an attorney,
				accountant, agent, or other representative at any hearing or meeting of the
				Commission, the person represented shall be deemed to have waived all
				privileges with respect to any information in the possession of such attorney,
				accountant, agent, or representative, or any testimony by him, except for
				privileges afforded by the constitution of this state or the United States,
				where applicable. (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-33
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 3 - ENROLLMENT OF ATTORNEYS, ACCOUNTANTS, AND AGENTS › Rule 13-1-3.10 - Obligations Of Truthfulness And Diligence

Current through June 25, 2024
(a) Enrolled
				persons shall not be intentionally untruthful to the Commission, nor withhold
				from the Commission any information which the Commission is entitled to
				receive, nor interfere with any lawful effort by the Commission to obtain such
				information.
(b) Enrolled persons
				shall exercise due diligence in preparing or assisting in the preparation of
				documents for submission to the Commission.
(c) Enrolled persons have a continuing
				responsibility on behalf of their clients to monitor the accuracy and
				completeness of information submitted to the Commission in any matter
				pertaining to their clients. Whenever an enrolled person becomes aware that
				information furnished to the Commission is no longer accurate and complete in
				any material respect, the enrolled person shall promptly furnish the Commission
				with appropriate supplemental and corrected information. (Adopted:
				09/25/1991.)
Miss. Code Ann. §
										75-76-33
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 3 - ENROLLMENT OF ATTORNEYS, ACCOUNTANTS, AND AGENTS › Rule 13-1-3.11 - Knowledge Of Client's Omission

Current through June 25, 2024
An enrolled person who knows that a client has not complied
				  with the Act or the regulations of the Commission, or that a client has made a
				  material error in or a material omission from any application, report, or other
				  document submitted to the Commission, shall advise his client promptly of the
				  fact of such noncompliance, error, or omission. (Adopted:
				  09/25/1991.)
Miss. Code Ann. §
										75-76-33
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 3 - ENROLLMENT OF ATTORNEYS, ACCOUNTANTS, AND AGENTS › Rule 13-1-3.12 - Certification Of Documents

Current through June 25, 2024
Every application, report, affidavit, written argument,
				  brief, statement of fact, or other document prepared or filed on behalf of a
				  client represented by an enrolled person, must be signed by the enrolled
				  person, and the signature shall be deemed to constitute a certification that
				  the document was prepared in conformity with the requirements of the Act and
				  regulations. (Adopted: 09/25/1991.)
Miss. Code Ann. §
										75-76-33
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 4 - EMPLOYMENT OF CERTAIN PUBLIC SERVANTS › Rule 13-1-4.1 - Prior approval required for hiring of public servant

Current through June 25, 2024
No licensee or applicant for a license, without prior
				  approval of the Mississippi Gaming Commission, shall hire any public servant of
				  the government of the State of Mississippi or its political subdivisions, whose
				  approval is necessary for the licensee or applicant to operate or when the
				  duties of such person pertain to the enforcement of the provisions of the
				  Gaming Control Act. (Adopted: 06/28/1993.)
Miss. Code Ann. §
										75-76-21
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 4 - EMPLOYMENT OF CERTAIN PUBLIC SERVANTS › Rule 13-1-4.2 - Grounds for Denial of Approval

Current through June 25, 2024
Approval may be denied in the following instances:
(a) Employment deemed to be in violation of
				the ethics laws of the State of Mississippi;
(b) Public servant has been instrumental in
				licensing or other agency approval of licensee or applicant;
(c) Employment poses a threat to the public
				interest of the State of Mississippi or to the effective regulation and control
				of gaming;
(d) Employment creates
				or enhances the dangers of unsuitable, unfair or illegal practices, methods and
				activities in the conduct of gaming or the carrying on of the business and
				financial arrangements incidental thereto; or
(e) Any other cause deemed reasonable by the
				Commission. (Adopted: 06/28/1993.)
Miss. Code Ann. §
										75-76-21
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 4 - EMPLOYMENT OF CERTAIN PUBLIC SERVANTS › Rule 13-1-4.3 - Future Employment Consideration

Current through June 25, 2024
The Mississippi Gaming Commission will make a determination
				  concerning future employment within thirty (30) days after written notice is
				  served on the Executive Director and each commissioner. Failure to make a
				  determination within the time allotted will constitute approval. Such requests
				  will be treated as confidential. (Adopted: 06/28/1993.)
Miss. Code Ann.
				  §§
										75-76-21;
				  75-76-61
Mississippi Administrative Code › Title 13 - Gaming › Part 1 - Organization and Administration › Chapter 4 - EMPLOYMENT OF CERTAIN PUBLIC SERVANTS › Rule 13-1-4.4 - Future Employment Grievance

Current through June 25, 2024
Any public servant, licensee, or applicant aggrieved by a
				  decision of the Mississippi Gaming Commission, regarding future employment, may
				  request a hearing utilizing the procedural rules applicable to denial of a work
				  permit. (Adopted: 06/28/1993.)
Miss. Code Ann.
				  §§
										75-76-21;
				  75-76-61