Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 401 - Rules of the Mississippi Fair Commission › Subpart 2 - Administrative Rules › Chapter 01 - Public Records Request Procedure › Availability of Records › Section 2-401-2-01-111

Current through June 25, 2024
The availability of all records in the possession of the
						Fair Commission shall be subject to the following limitations:
1. Any public record specifically declared to
					 be confidential, privileged or exempt by the Act, or any constitutional or
					 statutory law or decision of a court of this state or the United States shall
					 be exempt from the provisions of the Act.
2. Any records furnished to the Fair
					 Commission which contain trade secrets or confidential commercial or financial
					 information shall not be subject to inspection, examination, copying or
					 reproduction until forty five (45) days following written notice from the Fair
					 Commission to person furnishing such records advising that request has been
					 made for copies of such documents. The notice shall contain a listing of
					 specific documents requested and the name and address of the person requesting
					 such documents or records. Notices shall be mailed certified mail return
					 receipt requested. At the end of the forty five (45) day notice period, copies
					 of all records listed in said notice shall be released to person requesting
					 such records unless person furnishing such records shall have obtained a court
					 order protecting such records as confidential and exempting such records from
					 the provisions of the Act.
3.
					 Personnel records and applications for employment, letters of recommendation
					 for employment or respecting admission to any educational agency or institution
					 in the possession of the Fair Commission, except those which may be released to
					 the person who made the application or released upon the prior written consent
					 of the person who made the application, shall be exempt from the provisions of
					 the Act.
4. Test questions and
					 answers in the possession of the Fair Commission shall be exempt from the
					 provisions of the Act.
5. Records
					 which represent and constitute the work product of any attorney, district
					 attorney or county prosecuting attorney representing the Fair Commission and
					 which are related to litigation made by or against the Fair Commission or in
					 anticipation of prospective litigation, including all communications between
					 such attorney made in the courses of an attorney-client relationship shall be
					 exempt from the provisions of the Act.
6. Records in the possession of the Fair
					 Commission which would disclose information about a persons individual tax
					 payment or status shall be exempt from the provisions of the Act.
7. Information or records in the possession
					 of the Fair Commission which concerns the sale or purchase of real or personal
					 property for public purposes shall be exempt from the provisions of the Act,
					 prior to public announcement of the purchase or sale, where the release of such
					 records could possibly have a detrimental effect on such sale or
					 purchases.
8. Records in the
					 possession of the Fair Commission which are not otherwise protected by law,
					 that
(a) are compiled in the process of
					 detecting and investigating any unlawful activity or alleged unlawful activity,
					 disclosure of which would harm such investigation;
(b) would reveal the identity of informants;
(c) would prematurely release
					 information that would impede the Fair Commission's enforcement, investigation
					 or detection efforts in such proceedings;
(d) would disclose investigatory techniques;
(e) would deprive a person of a
					 right to a fair trial or impartial adjudication;
(f) would endanger the life or safety of any
					 Fair Commission personnel;
(g) are
					 matters pertaining to quality control or PEER review activities shall be exempt
					 from the provisions of the Act.