reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 7 - ADDRESS CONFIDENTIALITY PROGRAM › Section 3-1-7-704 - Assistance for Program Applicants

Current through June 25, 2024
1. The Office of
				the Attorney General shall refer potential participants to domestic violence
				shelters or rape crisis centers that provide shelter and counseling services to
				either victims of domestic violence, sexual assault, or stalking to assist
				persons applying to be ACP participants. Mississippi Code Annotated §
									99-47-1(6).
2. All application assistants must:
a. Be a current domestic violence
				shelter/rape crisis center director or current domestic violence shelter/rape
				crisis center employee designated by the domestic violence shelter/rape crisis
				center director to serve as an application assistant;
b. Attend required training sessions provided
				by the Office of the Attorney General; and
c. Agree to adhere to the policies,
				procedures, and directions provided by the Office of the Attorney General for
				rendering assistance to program applicants.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 7 - ADDRESS CONFIDENTIALITY PROGRAM › Section 3-1-7-705 - Filing a False Application or Furnishing False Information

Current through June 25, 2024
1. A program applicant who falsely attests in
				an application that disclosure of the applicant's address would endanger the
				applicant's safety or the safety of the applicant's children or the minor or
				incapacitated person on whose behalf the application is made, or who knowingly
				provides false or incorrect information upon making an application or while a
				program participant, shall be guilty of a misdemeanor, punishable by a fine not
				to exceed Five Hundred Dollars ($500.00) or by imprisonment in the county jail
				for a term not to exceed six (6) months. Mississippi Code Annotated §
									99-47-1(2)
				(d).
2. A fraudulent attempt to gain access to a
				program participant's confidential address shall constitute a felony,
				punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) or by
				imprisonment in the county jail for a term not to exceed two (2) years.
				Mississippi Code Annotated §
									99-47-1(2)
				(e).
3. Knowingly entering the Address
				Confidentiality Program to evade civil liability or criminal prosecution shall
				constitute a felony, punishable by a fine not to exceed Two Thousand Dollars
				($2,000.00) or by imprisonment in the county jail for a term not to exceed two
				(2) years. Mississippi Code Annotated §
									99-47-1(2)
				(f).
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 7 - ADDRESS CONFIDENTIALITY PROGRAM › Section 3-1-7-706 - Appeal Process

Current through June 25, 2024
1. The Office of
				the Attorney General (Victim Compensation Division Director), on his/her motion
				or on request of the victim, may reconsider a decision granting or denying ACP
				participation.
a. If the Office of the
				Attorney General denies an application or cancels ACP certification for any
				reason, the applicant or an adult, a parent or guardian acting on behalf of a
				minor, or a guardian acting on behalf of an incapacitated person, may appeal
				the decision by notifying the Office of the Attorney General in writing. The
				written request for reconsideration must be provided within thirty (30) days
				from the date the applicant receives the decision notification from the Office
				of the Attorney General. The request must include the following and clearly
				state:
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 7 - ADDRESS CONFIDENTIALITY PROGRAM › Section 3-1-7-707 - Cancellation or Withdrawal of ACP Certification

Current through June 25, 2024
1.
				Program certification shall be canceled if any of the following occur:
a. The program participant obtains a name
				change. However, the person may immediately reapply for certification under
				their new name. A copy of legal documents verifying the name change must be
				submitted. If the applicant is applying merely because of a name change,
				submission of a new ACP application is all that is required.
b. The program participant applied using
				false information.
c. The program
				participant discloses his/her confidential address to the assailant or probable
				assailant.
d. The program applicant
				moves out of the State of Mississippi.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 7 - ADDRESS CONFIDENTIALITY PROGRAM › Section 3-1-7-708 - Local/State Agency Use of Designated Address

Current through June 25, 2024
1. An
				ACP participant may request that public bodies use the address designated by
				the Office of the Attorney General as the participants substitute
				address.
2. The ACP participant,
				and not the Office of the Attorney General, is responsible for requesting that
				any public body use the address designated by the Office of the Attorney
				General as the substitute address of the program participant. Mississippi Code
				Annotated §
									99-47-1(4)
				(a).
3. If there is any criminal proceeding on
				behalf of the program participant, the program participant is also responsible
				for notifying any law enforcement agency and the district attorney's office of
				the persons participation in the program.
4. There shall be no responsibility on the
				part of any district attorneys office or any law enforcement agency to request
				that a public body use the substitute address.
5. Public bodies shall accept the address
				designated by the Office of the Attorney General as a program participants
				substitute address, unless the Office of the Attorney General has determined
				that: a. The public body has a bona fide statutory or administrative
				requirement for the use of the confidential address of the program participant;
				and b. The confidential address will be used only for those statutory and
				administrative purposes.
6. A
				public body requesting an exemption under Mississippi Code Annotated §
									99-47-1(4)
				must provide the following in writing to the Office of the Attorney General:
a. The public bodys reason for requesting the
				exemption;
b. Identification of the
				statute or administrative rule which demonstrates the public bodys bona fide
				requirement and authority for the use of the confidential address of the
				program participant;
c.
				Identification and description of the specific record or record series for
				which the exemption is requested;
d. Identification of the individual(s) who
				will have access to the record;
e.
				An explanation of why the public body cannot meet its statutory or
				administrative obligations by a change in the public bodys internal
				procedures.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 7 - ADDRESS CONFIDENTIALITY PROGRAM › Section 3-1-7-709 - Disclosure of Records

Current through June 25, 2024
1. Under
				Mississippi Code Annotated §
									99-47-1(5),
				a program participants confidential address, telephone number, and any other
				identifying information in the possession of the Office of the Attorney General
				shall not constitute a public record within the meaning of the Mississippi
				Public Records Act of 1983, and shall not be disclosed during discovery in any
				criminal prosecution.
2. The Office
				of the Attorney General shall not make any records in a program participants
				file available for inspection or copying other than the substitute address,
				except under the following circumstances:
a.
				If requested by a law enforcement agency for their official use only, but not
				to be included in any reports made by the law enforcement agency or required to
				be produced in discovery in any criminal prosecution;
b. If directed by a court order, to a person
				identified in the order;
c. If
				certification has been cancelled, withdrawn, or invalidated; or
d. To verify, if requested by a public body,
				the participation of a specific program participant, in which case the Office
				of the Attorney General may only confirm participation in the ACP program and
				confirm information supplied by the requester.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 7 - ADDRESS CONFIDENTIALITY PROGRAM › Section 3-1-7-710 - Service of Process

Current through June 25, 2024
1. The Office of
				the Attorney General shall be an agent of the program participant upon whom any
				summons, writ, notice, demand, or process may be served.
2. Service on the Office of the Attorney
				General of any summons, writ, notice, demand, or process may be made by mailing
				two (2) copies to the substitute address or by delivering two (2) copies to the
				Office of the Attorney General, Victim Compensation Division, at P.O. Box 220,
				Jackson, Mississippi 39205-0220.
3.
				If a summons, writ, notice, demand, or process is served on the Office of the
				Attorney General, the Office of the Attorney General shall immediately forward
				a copy to the program participant at the program participants current mailing
				address shown on the ACP records.
4. The Office of the Attorney General shall
				maintain in the program participants file, a record of all summonses, writs,
				notices, demands, and processes served upon the Office of the Attorney General
				for that program participant. The Office of the Attorney General shall include
				in the file the date of such service and the action taken upon receipt of
				service.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 7 - ADDRESS CONFIDENTIALITY PROGRAM › Section 3-1-7-711 - Immunity

Current through June 25, 2024
1. The Office of the Attorney General and/or
				its agents and/or employees are immune from civil and/or criminal liability for
				damages for conduct within the scope and arising out of the performance of the
				duties imposed under this section.
2. Any district attorney and his agents and
				employees and any law enforcement agency and its agents and employees are
				immune from liability, whether civil or criminal, for damages for conduct
				within the scope and arising out of the program.
3. Any employee or representative of a
				domestic violence shelter or rape crisis center who acts in good faith to
				assist a victim complete an application for participation in the Address
				Confidentiality Program shall be immune from civil and/or criminal
				liability.
4. Any assistance and/or
				counseling rendered pursuant to this section, by the Office of the Attorney
				General, its agents or employees, shall in no way be construed as legal
				advice.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 2 - Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund Policies and Procedures › Chapter 1 - POLICIES AND PROCEDURES › Section 3-2-1-100 - Purpose

Current through June 25, 2024
The Law Enforcement Officers and Fire Fighters Disability
				  Benefits Trust Fund (herein referred to as "the Fund") was created by the
				  Mississippi Legislature to provide disability benefits to law enforcement
				  officers and fire fighters injured in the line of duty. These benefits shall be
				  payable for the period of time the covered individual is physically unable to
				  perform the duties of his or her employment [not to exceed one (1) year of
				  payments for any one (1) injury].
The Fund originated at the Mississippi Department of Public
				  Safety and came under the purview of the Mississippi Attorney Generals Office
				  on July 1, 2006, pursuant to Section
				  45-2-21,
				  Mississippi Code Annotated (1972).
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 2 - Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund Policies and Procedures › Chapter 1 - POLICIES AND PROCEDURES › Section 3-2-1-101 - Definitions

Current through June 25, 2024
1. "Law enforcement officer" means any
				lawfully sworn officer or employee of the state or any political subdivision of
				the state whose duties require the officer or employee to investigate, pursue,
				apprehend, arrest, transport or maintain custody of persons who are charged
				with, suspected of committing, or convicted of a crime.
2. "Fire fighter" means an individual who is
				trained for the prevention and control of loss of life and property from fire
				or other emergencies, who is assigned to fire-fighting activity, and is
				required to respond to alarms and perform emergency actions at the location of
				a fire, hazardous materials or other emergency incident.
3. "Covered individual" means a law
				enforcement officer or fire fighter (as defined above) while actively engaged
				in protecting the lives and property of the citizens of this state when
				employed by an employer as defined below. Employees of independent contractors
				are not included in this definition.
4. "Employer" means a state board,
				commission, department, division, bureau, or agency, or a county, municipality
				or other political subdivision of the state, which employs, appoints or
				otherwise engages the services of covered individuals.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 2 - Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund Policies and Procedures › Chapter 1 - POLICIES AND PROCEDURES › Section 3-2-1-102 - Eligibility

Current through June 25, 2024
Any actively employed law enforcement officer or fire fighter
				  or reserve/auxiliary law enforcement officer or volunteer fire fighter, who is
				  accidentally or intentionally injured in the line of duty as the direct result
				  of a single incident, is eligible to receive benefits.
The individual must be employed by a state board, commission,
				  department, division, bureau, or agency, or a county, municipality, or other
				  political subdivision of the state. Employees of independent contractors are
				  not eligible.
Effective January 1, 2011, reserve/auxiliary law
				  enforcement officers and volunteer fire fighters are now eligible to receive
				  benefits under the fund.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 2 - Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund Policies and Procedures › Chapter 1 - POLICIES AND PROCEDURES › Section 3-2-1-103 - Exclusions

Current through June 25, 2024
Chronic or repetitive injury is not covered.
Section
				  45-2-21,
				  Mississippi Code Annotated (1972) states, "Compensation under this section
				  shall not be awarded where a penal violation committed by the covered
				  individual contributed to the disability or the injury was intentionally
				  self-inflicted."
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 2 - Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund Policies and Procedures › Chapter 1 - POLICIES AND PROCEDURES › Section 3-2-1-104 - Exemption From Creditors

Current through June 25, 2024
"Payments made from the Law Enforcement Officers and Fire
				  Fighters Disability Benefits Trust Fund are exempt from the claims and demands
				  of creditors of the covered individual" per Section
				  45-2-21,
				  Mississippi Code Annotated (1972).
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 2 - Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund Policies and Procedures › Chapter 1 - POLICIES AND PROCEDURES › Section 3-2-1-105 - Obtaining Program Information

Current through June 25, 2024
Applications are included in these policies and procedures as
EXHIBIT A
. Also, applications and instructions can be obtained
				  from the following sources:
Website:
www.ago.state.ms.us
Mail:
Mississippi Attorney Generals Office
Law Enforcement Officers and
Fire Fighters Disability Benefits Trust Fund
P. O. Box 220
Jackson, MS 39205
Phone:
(601) 359-3810
Applications for benefits must be submitted to the
				  Mississippi Attorney General's Office at the mailing address listed
				  above.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 2 - Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund Policies and Procedures › Chapter 1 - POLICIES AND PROCEDURES › Section 3-2-1-106 - Application/Approval Process

Current through June 25, 2024
Upon receipt of the application, information on the
				  application is reviewed/investigated to insure validity of the claim for
				  benefits. If the application for benefits is approved [based on the criteria
				  stipulated in these policies and procedures and Section
				  45-2-21
				  of the Mississippi Code Annotated (1972)], a letter is sent via certified mail
				  to the applicant indicating the approval of benefits, the amount of benefits to
				  be awarded, the number of payments to be awarded, and the method of
				  payment.
If the application for benefits is denied, a letter is sent
				  via certified mail to the applicant including the grounds for denial of the
				  application.
Applicants who disagree with any decision made have the right
				  to appeal within thirty (30) days of receipt of the letter approving or denying
				  benefits. For further information on the appeals process, see section
				  XV.
Applications must be filed with the Mississippi
				  Attorney Generals Office within one (1) year of the date of injury. The
				  Director of Administration at the Mississippi Attorney General's Office may
				  extend the deadline for filing an application in instances in which the
				  applicant can demonstrate a serious injury in the line of duty directly
				  resulting in total disability for a period in excess of one year.
Compensation shall not be awarded unless the incident
				  of injury occurred on or after July 1, 2006.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 2 - Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund Policies and Procedures › Chapter 1 - POLICIES AND PROCEDURES › Section 3-2-1-107 - Benefit Payments

Current through June 25, 2024
Once the application is approved for actively employed law
				  enforcement officers and fire fighters, the Mississippi Attorney Generals
				  Office will make a monthly disability benefit payment equal to thirty-four
				  percent (34%) of the covered individual's regular base salary at the time of
				  injury. The benefit is payable for the period of time the covered individual is
				  physically unable to perform the duties of his or her employment [not to exceed
				  one (1) year of payments for any one (1) injury]. The physicians report (which
				  is included in the application for benefits) will document the dates the
				  applicant is unable to work and the anticipated return to work date.
Once the application is approved for reserve/auxiliary law
				  enforcement officers and volunteer fire fighters, the Mississippi Attorney
				  Generals Office will make a monthly disability benefit payment equal to
				  thirty-four percent (34%) of the covered individuals regular base salary, at
				  the time of injury, from their primary employment, not to exceed the Workers
				  Comp maximum benefit amount. The benefit is payable for the period of time the
				  covered individual is physically unable to perform the duties of his or her
				  employment [not to exceed one (1) year of payments for any one (1) injury]. The
				  physicians report (which is included in the application for benefits) will
				  document the dates the applicant is unable to work and the anticipated return
				  to work date. The Director of Administration at the Mississippi Attorney
				  Generals Office has discretion to determine the primary employment of
				  applicants and the amount of the regular base salary to be used in computing
				  benefits.
Benefit payments will be mailed to the covered individual on
				  the first working day of each calendar month. Benefit payments from the Law
				  Enforcement Officers and Fire Fighters Disability Benefits Trust Fund are
				  excluded from gross income and thus are not taxable.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 2 - Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund Policies and Procedures › Chapter 1 - POLICIES AND PROCEDURES › Section 3-2-1-108 - Workers Compensation

Current through June 25, 2024
If the covered individual receives workers compensation
				  benefits in addition to benefits from the Law Enforcement Officers and Fire
				  Fighters Disability Benefits Trust Fund, then payments from the Fund will be
limited to the difference between workers compensation benefits and the
				  amount of the covered individuals regular base salary
.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 2 - Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund Policies and Procedures › Chapter 1 - POLICIES AND PROCEDURES › Section 3-2-1-109 - Confidentiality of Records

Current through June 25, 2024
It is unlawful, except for purposes directly connected with
				  the administration of the fund, for any person to solicit, disclose, receive or
				  make use of or authorize, knowingly permit, participate in or acquiesce in the
				  use of any list, or names of, or information concerning persons applying for or
				  receiving awards under this chapter without the written consent of the claimant
				  or recipient. The records, papers, files and communications of the staff
				  administering the fund must be regarded as confidential information and
				  privileged and are subject to the Mississippi Public Records Act of
				  1983.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 2 - Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund Policies and Procedures › Chapter 1 - POLICIES AND PROCEDURES › Section 3-2-1-110 - Overpayment of Benefits

Current through June 25, 2024
If a payment or overpayment of benefits is made due to
				  clerical error, mistaken identity, or innocent misrepresentation by or on
				  behalf of the covered individual, the covered individual is responsible for
				  repayment of the benefits received.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 2 - Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund Policies and Procedures › Chapter 1 - POLICIES AND PROCEDURES › Section 3-2-1-111 - False Information

Current through June 25, 2024
The filing of a false application for benefits (i.e.,
				  fraudulent or false information is knowingly submitted and/or failure to
				  disclose pertinent information) is unlawful. In addition to any criminal
				  penalties, the Mississippi Attorney Generals Office shall have a right to
				  commence civil action for the recovery of benefits obtained by the covered
				  individual upon filing a false application. In such cases, the defendant shall
				  be responsible for the fees, court costs, and other expenses of
				  litigation.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 2 - Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund Policies and Procedures › Chapter 1 - POLICIES AND PROCEDURES › Section 3-2-1-112 - Reduction of Benefit Payments

Current through June 25, 2024
Notwithstanding any other provisions herein, no benefit
				  payments shall be made unless adequate funds are available in the Law
				  Enforcement Officers and Fire Fighters Disability Benefits Trust Fund. The
				  State shall not be liable for a written order to pay compensation, except to
				  the extent that monies are available in the fund on the date the claim is
				  approved. The Mississippi Attorney Generals Office has the right to adjust
				  benefit payments so that the total amount awarded does not exceed the amount of
				  money on deposit in the fund. During the approved benefit period when such
				  reduction is due to the unavailability of funds, covered individuals may not
				  seek future reimbursements due to any reductions in benefit payments. The
				  Mississippi Attorney Generals Office may opt to suspend payments until
				  sufficient funding is on deposit in the fund.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 2 - Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund Policies and Procedures › Chapter 1 - POLICIES AND PROCEDURES › Section 3-2-1-113 - Employer Responsibilities

Current through June 25, 2024
The covered individuals employer is responsible for
				  completing the "Employment Information" section of the application for
				  benefits. In addition, the employer is required to send written notice in the
				  format prescribed by the Mississippi Attorney Generals Office notifying the
				  Fund Administrator the exact date the employee returned to work. This written
				  notice must be submitted no later than ten (10) working days after the employee
				  returns to work. See format for "Employee Return to Work Letter" at
EXHIBIT B
.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 2 - Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund Policies and Procedures › Chapter 1 - POLICIES AND PROCEDURES › Section 3-2-1-114 - Appeals

Current through June 25, 2024
If the claim is denied for any reason, the applicant has the
				  right to appeal within thirty (30) days of receipt of the letter denying
				  benefits. The appeal process consists of two steps: reconsideration and a
				  contested hearing.
Reconsideration is intended to be an informal resolution of a
				  claim. If the applicant disagrees with the original determination, he or she
				  may request reconsideration through the Director of Administration at the
				  Mississippi Attorney Generals Office.
If the applicant disagrees with the decision of
				  reconsideration, he or she may request a contested hearing within fifteen (15)
				  days of the decision of reconsideration before a committee. The committee
				  consists of three (3) members appointed by the Attorney General. This hearing
				  is informal; however, the applicant must appear in person at the hearing, and a
				  record of the hearing is made. The decision made by the committee is the final
				  decision of the Mississippi Attorney General's Office.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 2 - Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund Policies and Procedures › Chapter 1 - POLICIES AND PROCEDURES › Section 3-2-1-115 - Re-Certification of Benefits

Current through June 25, 2024
If a covered individual returns to work based on his or her
				  physicians recommendation in the application for benefits and it is later
				  determined the employee is still unable to perform his or her duties, the
				  covered individual may apply for a re-certification of benefits. The covered
				  individual must have his or her employer and physician complete the Application
				  for Re-Certification of Benefits to extend the period the covered individual is
				  unable to work. This period should begin on the last date worked (note: this
				  date will be different from the date on the initial application for benefits).
				  See
EXHIBIT C
. This application must be submitted as described in
				  Section VI.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 01 - Procedure for Oral Proceedings on Rulemaking › Section 3-3-01-100 - Scope

Current through June 25, 2024
These rules apply to all oral proceedings held for the
				  purpose of providing the public with an opportunity to make oral presentations
				  on proposed new rules and amendments to rules before the Office of the Attorney
				  General pursuant to Mississippi Code Annotated §
									25-43-3.104.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 01 - Procedure for Oral Proceedings on Rulemaking › Section 3-3-01-101 - Scheduling an Oral Proceeding on a Proposed Rule

Current through June 25, 2024
The Office of the Attorney General will conduct an oral
				  proceeding on a proposed rule or amendment if requested by a political
				  subdivision, an agency or ten (10) persons in writing within twenty (20) days
				  after the filing of the notice of the proposed rule.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 01 - Procedure for Oral Proceedings on Rulemaking › Section 3-3-01-102 - Request for Oral Proceeding

Current through June 25, 2024
Each request must be printed, typewritten, or must be in
				  legible handwriting. Each request must be submitted on standard business
				  letter-size paper (8 ½ inches by 11 inches). Each request must include
				  the full name, mailing address and telephone number of the requestor(s).
				  Requests may be in the form of a letter addressed to the Office of the Attorney
				  General or in the form of a pleading as if filed with the court. 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.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 01 - Procedure for Oral Proceedings on Rulemaking › Section 3-3-01-103 - Notice of Oral Proceeding

Current through June 25, 2024
The date, time and place of all oral proceedings shall be
				  filed with the Secretary of State's Office and notice mailed to each requestor.
				  The oral proceedings will be scheduled no earlier than twenty (20) days from
				  the filing of this information with the Secretary of State.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 01 - Procedure for Oral Proceedings on Rulemaking › Section 3-3-01-104 - Presiding Officer

Current through June 25, 2024
The Attorney General or his designee, who is familiar with
				  the substance of the proposed rule, shall preside at the oral proceeding on a
				  proposed rule.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 01 - Procedure for Oral Proceedings on Rulemaking › Section 3-3-01-105 - Public Presentations and Participation

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 oral statements,
				documentary and physical submissions, which may include data, views, comments
				or arguments concerning the proposed rule.
2. Persons wishing to make oral presentations
				at such a proceeding shall notify the presiding officer at least three (3)
				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 previously contacted Office of the
				Attorney General.
3. At the
				proceeding, those who participate shall indicate their names and addresses,
				identify any persons or organizations they may represent, and provide any other
				information relating to their participation deemed appropriate by the presiding
				officer.
4. The presiding officer
				may place time limitations on individual oral presentations when necessary to
				assure the orderly and expeditious conduct of the oral proceeding. To encourage
				joint oral presentations and to avoid repetition, additional time may be
				provided for persons who presentations represent the views of other individuals
				as well as their own views.
5.
				Persons making oral 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. There shall be no interruption of a
				participant who has been given the floor by the presiding officer, except that
				the presiding officer may in his or her discretion interrupt or end the
				participants time where the orderly conduct of the proceeding so
				requires.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 01 - Procedure for Oral Proceedings on Rulemaking › Section 3-3-01-106 - Oral Proceeding Agenda

Current through June 25, 2024
The presiding officer shall have authority to conduct the
				  proceeding in his or her discretion for the orderly conduct of the proceeding.
				  The presiding officer shall (a) call proceeding to order; (b) give a brief
				  synopsis of the proposed rule, a statement of the statutory authority for the
				  proposed rule, and the reasons provided by the Office of the Attorney General
				  for the proposed rule; (c) call on those individuals who have contact the
				  Office of the Attorney General about speaking on or against the proposed rule;
				  (d) allow for rebuttal statements following all participants comments; and (e)
				  adjourn the proceeding.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 01 - Procedure for Oral Proceedings on Rulemaking › Section 3-3-01-107 - Questions

Current through June 25, 2024
The presiding officer, where time permits, and to facilitate
				  the exchange of information, may open the floor to questions or general
				  discussion. The presiding officer may question participants and permit the
				  questioning of participants by other participants about any matter relating to
				  that rulemaking proceeding, including any prior written submissions made by
				  those participants in that proceeding; but no participant shall be required to
				  answer any question.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 01 - Procedure for Oral Proceedings on Rulemaking › Section 3-3-01-108 - Documentary and Physical Submissions

Current through June 25, 2024
Documentary and physical submissions presented by
				  participants in an oral proceeding shall be submitted to the presiding officer.
				  Such submissions become the property of the Office of the Attorney General,
				  part of the rulemaking record, and are subject to the Office of the Attorney
				  Generals public records request procedure.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 01 - Procedure for Oral Proceedings on Rulemaking › Section 3-3-01-109 - Record of the Oral Proceeding

Current through June 25, 2024
The Office of the Attorney General may record oral
				  proceedings by stenographic or electronic means.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 02 - Procedure for Issuing Declaratory Opinions › Section 3-3-02-100 - Scope

Current through June 25, 2024
This chapter consists of rules addressing the public's
				  request for declaratory opinions and the Office of the Attorney Generals
				  disposition of requests for declaratory opinions. This chapter sets forth the
				  Office of the Attorney Generals 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 Office of the Attorney Generals procedures
				  regarding the disposition of requests as required by Mississippi Code Annotated
				  §
									25-43-2.103.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 02 - Procedure for Issuing Declaratory Opinions › Section 3-3-02-101 - Declaratory Opinions Requestors

Current through June 25, 2024
Any person with a substantial interest in the subject matter
				  may make a request to the Office of the Attorney General for a declaratory
				  opinion by following the specified procedures. "Substantial interest in the
				  subject matter" as used in this chapter means a party that is directly affected
				  by the Office of the Attorney Generals administration of the laws within the
				  Office of the Attorney Generals primary jurisdiction. "Primary jurisdiction of
				  the Office of the Attorney General" means the Office of the Attorney General
				  has a constitutional or statutory grant of authority in the subject matter at
				  issue.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 02 - Procedure for Issuing Declaratory Opinions › Section 3-3-02-102 - Subjects Which May Be Addressed in Declaratory Opinions

Current through June 25, 2024
The Office of the Attorney General will issue declaratory
				  opinions regarding the applicability to specified facts of: (1) a statute
				  administered or enforceable by the Office of the Attorney General, (2) a rule
				  promulgated by the Office of the Attorney General, or (3) an order issued by
				  the Office of the Attorney General.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 02 - Procedure for Issuing Declaratory Opinions › Section 3-3-02-104 - Formatting and Submission of the Request for a Declaratory Opinion

Current through June 25, 2024
1. Each request must be printed, typewritten
				or in legible handwriting. Each request must be submitted on standard business
				letter size paper (8 ½" by 11"). Requests may be in the form of a letter
				addressed to the Office of the Attorney General or in the form of a pleading as
				might be addressed to a court.
2.
				All requests must be mailed, delivered or transmitted via facsimile to the
				Office of the Attorney General. The request and its envelope shall clearly
				state that it is a request for a declaratory opinion. Oral, telephone, and
				email requests are unacceptable.
3.
				Each request must include the full name, telephone number, and mailing address
				of the requestor. All requests shall be signed by the person filing the
				request, unless represented by an attorney, in which case the attorney may sign
				the request. The signing party 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.
4. A request must be
				limited to a single transaction or occurrence.
5. Each request must contain the following:
a. a clear identification of the statute or
				rule at issue;
b. the question
				sought to be answered in the declaratory opinion, stated clearly;
c. a clear and concise statement of all facts
				relevant to the question presented;
d. the identity of all other known persons
				involved in or impacted by the described factual situation prompting the
				request, including their relationship to the facts, name, mailing address and
				telephone number; and
e. a
				statement sufficient to show that the person seeking the opinion has a
				substantial interest in the subject matter.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 02 - Procedure for Issuing Declaratory Opinions › Section 3-3-02-105 - Office of the Attorney General's 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 Office of the
				Attorney General shall, in writing:
a. issue
				an opinion declaring the applicability of the specified statute, rule, or order
				to the specified circumstances;
b.
				decline to issue a declaratory opinion, stating the reasons for its action;
				or
c. agree to issue a declaratory
				opinion or a written statement declining to issue a declaratory opinion, by a
				specified time but not later than ninety (90) days after receipt of the written
				request.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 02 - Procedure for Issuing Declaratory Opinions › Section 3-3-02-106 - Procedure After Request for Declaratory Opinion Received

Current through June 25, 2024
1. The Office of the Attorney General may
				give notice to any person, agency or entity that a declaratory opinion has been
				requested and may receive and consider data, facts, arguments and opinions from
				other persons, agencies or other entities other than the requestor.
2. The requestor, or his attorney, shall
				append to the request for a declaratory opinion a listing of all person, with
				addresses, known to the requestor who may have an interest in the declaratory
				opinion sought to be issued, and shall mail a copy of the request to all such
				persons. The requestor or his attorney shall certify that a copy of the request
				was mailed to all such persons together with this statement: "Should you wish
				to participate in the proceedings of this request, or receive notice of such
				proceedings or the declaratory opinion issued as a result of this request, you
				should contact the Office of the Attorney General within twenty (20) days of
				the date of this request."
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 02 - Procedure for Issuing Declaratory Opinions › Section 3-3-02-107 - Hearings at the Discretion of the Office of the Attorney General

Current through June 25, 2024
1. If the Office of the Attorney General in
				its sole discretion deems a hearing necessary or helpful in determining any
				issue concerning a request for a declaratory opinion, the Office of the
				Attorney General may schedule such a hearing. Notice of the hearing shall be
				given to all interested parties unless waived. Notice mailed by first class
				mail seven (7) calendar days prior to the hearing shall be deemed
				appropriate.
2. The procedure for
				conduct a hearing, including, but not limited to, the manner of presentation,
				the time for presentation, and whether and how information may be taken, shall
				be within the discretion of the Office of the Attorney General.
3. The Office of the Attorney General shall
				allow the requestor to participate in the hearing. The Office of the Attorney
				General may allow any other persons or entities to participate in the
				hearing.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 3 - Procedure for Oral Proceedings on Rulemaking and Procedure for Issuing Declaratory Opinions › Chapter 02 - Procedure for Issuing Declaratory Opinions › Section 3-3-02-108 - Public Availability of Requests and Declaratory 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 and in accordance with the Mississippi
				  Office of the Attorney General's public records request procedure. 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.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 01 - General Provisions and Definitions › Section 3-4-01-100 - Scope

Current through June 25, 2024
The following rules are hereby adopted by the Attorney
				  General by the authority granted in Mississippi Code Annotated, (hereinafter
				  "the Act" or "this Act") codified in §§
									77-3-601
				  through §§
									77-3-619.
				  These rules implement the provisions of the Act; and establish regulations,
				  procedures, and requirements for unsolicited residential telephonic sales calls
				  as proscribed by Section
				  77-3-69
				  of the Act.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 4 - Mississippi Unsolicited Residential Telephone Sales Calls Act › Chapter 01 - General Provisions and Definitions › Section 3-4-01-101 - Telephone Solicitors Required to Register

Current through June 25, 2024
a. Any
				telephone solicitor shall apply for a certificate of registration from the
				Office of the Attorney General as a condition for doing business in this state.
				The certificate of registration shall be in a form as prescribed by the
				Attorney General.
b. No person may
				act as a commercial telephone solicitor without first obtaining a "Certificate
				of Registration" to conduct such activity.