reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 20 - Labor › Part 201 - Mississippi Works Fund Rules And Regulations › Chapter 3 - Performance Metrics › Rule 20-201-3-3.1 - Required Performance Metrics for MS Works Projects

Current through June 25, 2024
The State Longitudinal Data System (SLDS) will be used to
				  calculate performance. Performance metrics for projects will at a minimum
				  include:
A. Projects Awarded
B. Jobs Created
C. Jobs Retained
D. Wages / Personal Income
E. Certificates or Credentials Awarded
				(geo-located)
F. Other Training
				Funds Leveraged
G. Training
				Enrollments
H. Training
				Completion
I. Entered
				Employment
J. Wages Earned
The Training Providers will be required to input data
				  associated with each MS Works activity using appropriate mechanisms to
				  incorporate that data into SLDS.
Miss. Code
				  Ann. §
										71-5-353
Mississippi Administrative Code › Title 20 - Labor › Part 201 - Mississippi Works Fund Rules And Regulations › Chapter 4 - Reconciliation and Reporting › Rule 20-201-4-4.1 - Reconciliation of Performance and Financial Measures

Current through June 25, 2024
The SLDS will be used to generate quarterly performances and
				  annual performance reports. Specific reporting requirements will be included in
				  sub grant agreements between AccelerateMS and the Training Provider which will
				  describe the process for collecting, transmitting, validating, and reporting
				  data in compliance with SLDS Governing Board rules and regulations on training
				  expenditures and participant results.
For training provided by the community and junior colleges,
				  the MCCB assumes responsibility for demographic data validation. AccelerateMS
				  assumes responsibility for financial validation. Upon validation of
				  demographics and financial reports by the appropriate parties, MCCB will make
				  the submission to SLDS. The community and junior college training provider
				  assumes responsibility for collecting accurate data as required and submitting
				  the data to MCCB by the designated deadline.
Miss. Code
				  Ann. §
										71-5-353
Mississippi Administrative Code › Title 20 - Labor › Part 201 - Mississippi Works Fund Rules And Regulations › Chapter 4 - Reconciliation and Reporting › Rule 20-201-4-4.2 - Required Reports

Current through June 25, 2024
The MDES in conjunction with AccelerateMS will generate
				  quarterly and annual financial reports by project and in the aggregate.
				  Financial reports will include:
A.
				Collections
B.
				Expenditures
C.
				Obligations
D. Plan versus Actual
A report on the performance of the fund shall be made to the
				  Governor, Lieutenant Governor, and Speaker of the House of Representatives
				  annually, throughout the life of the fund.
Miss. Code
				  Ann. §
										71-5-353
Mississippi Administrative Code › Title 20 - Labor › Part 201 - Mississippi Works Fund Rules And Regulations › Chapter 4 - Reconciliation and Reporting › Rule 20-201-4-4.3 - Reporting Schedule

Current through June 25, 2024
Quarterly financial reports will be submitted for review and
				  approval to AccelerateMS and the State Workforce Investment Board (SWIB) 45
				  days after the end of each quarter. Annual financial reports will be submitted
				  to AccelerateMS and the SWIB 45 days after the end of the calendar
				  year.
Miss. Code
				  Ann. §
										71-5-353
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 1 - Commission Meetings › Rule 21-201-1.1 - Timing and Notice

Current through June 25, 2024
Meetings of the Mississippi Ethics Commission shall begin at
				  10:00 a.m. on the first Friday of each month and shall be held at the
				  commissions office in the City of Jackson unless the commission, either at a
				  regular meeting or by specially calling a meeting, sets another time, date or
				  place. Notice of all Commission meetings shall be posted on the home page of
				  the Commissions web site as soon as practicable.
The chairman may cancel a meeting already scheduled or
				  specially call a meeting. Notice of cancellation or of a specially called
				  meeting shall be provided as soon as possible to all Commission members by
				  whatever means of communication is available and practicable and most likely to
				  reach each member under the circumstances. Notice is hereby provided that any
				  Commission member may participate in any Commission meeting by teleconference
				  or video means, in which event public access will be provided at the physical
				  location of the meeting.
The commission may pretermit any meeting. At all meetings the
				  chairman, or in his or her absence the vice-chairman, shall preside and
				  maintain decorum, ensuring the deliberate but expedient discharge of all
				  business before the commission. In all meetings the commission will comply with
				  and follow the requirements of the Open Meetings Act, codified in Title 25,
				  Chapter 41, Miss. Code of 1972.
Section
				  25-4-7
				  through 11, Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 1 - Commission Meetings › Rule 21-201-1.2 - Confidential Session

Current through June 25, 2024
The commission shall hold confidential sessions on all
				  matters designated as confidential by the Ethics in Government Law, codified in
				  Title 25, Chapter 4, Miss. Code of 1972. Only commission members, commission
				  staff members, attorneys for the commission, witnesses or other persons whose
				  presence the commission deems necessary may attend confidential sessions. All
				  other persons shall be excluded from the meeting area during confidential
				  sessions. The commission and its staff shall keep separate minutes of
				  confidential sessions which shall not be subject to
				  disclosure.
Section
				  25-4-23,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 2 - Public Records Requests › Rule 21-201-2.1 - Statement of Public Policy

Current through June 25, 2024
It is the policy of the Legislature that public records must
				  be available for inspection by any person unless otherwise provided by this
				  act. Furthermore, providing access to public records is a duty of each public
				  body and automation of public records must not erode the right of access to
				  those records. Section
				  25-61-1,
				  Miss. Code of 1972.
[A]ll public
				records are hereby declared to be public property, and any person shall have
				the right to inspect, copy or mechanically reproduce or obtain a reproduction
				of any public record of a public body in accordance with reasonable written
				procedures adopted by the public body concerning the cost, time, place and
				method of access, and public notice of the procedures shall be given by the
				public body." Section
				25-61-5,
				Miss. Code of 1972.
The act defines "public record" to include any "all books,
				  records, papers, accounts, letters, maps, photographs, films, cards, tapes,
				  recordings or reproductions thereof, and any other documentary materials,
				  regardless of physical form or characteristics, having been used, being in use,
				  or prepared, possessed or retained for use in the conduct, transaction or
				  performance of any business, transaction, work, duty or function of any public
				  body, or required to be maintained by any public body." Section
				  25-61-3(b).
The purpose of these rules is to establish the procedures the
				  Mississippi Ethics Commission will follow in order to provide full access to
				  public records. These rules provide information to persons wishing to request
				  access to public records of the Mississippi Ethics Commission and establish
				  processes for both requestors and the Mississippi Ethics Commission staff that
				  are designed to best assist members of the public in obtaining such
				  access.
The purpose of the act is to provide the public full access
				  to public records concerning the conduct of government. The act and these rules
				  will be interpreted in favor of disclosure. In carrying out its
				  responsibilities under the act, the Mississippi Ethics Commission will be
				  guided by the provisions of the act describing its purposes and
				  interpretation.
Sections
				  25-61-1,
				  25-61-5
				  and
				  25-61-3(b),
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 2 - Public Records Requests › Rule 21-201-2.2 - Public body description - Contact information - Public records officer

Current through June 25, 2024
The Mississippi Ethics Commission interprets and enforces
				  the Ethics in Government Law (Sections
				  25-4-1
				  through
				  25-4-119,
				  Miss. Code of 1972.), the Open Meetings Act (Sections
				  25-41-1
				  through
				  25-41-17,
				  Miss. Code of 1972.) and the Public Records Act (Sections
				  25-61-1
				  through
				  25-61-17,
				  Miss. Code of 1972.). The Mississippi Ethics Commissions office is located at
				  660 North Street, Suite 100-C, Jackson, MS 39202. The Mississippi Ethics
				  Commission's mailing address is P. O. Box 22746, Jackson, MS 39225-2746. The
				  telephone number is 601-359-1285, and the telecopier number is 601-359-1292.
				  The email address and web address are info@ethics.state.ms.us [File Link Not
				  Available] and
www.ethics.state.ms.us.
Any person wishing to request access to public records of the
				  Mississippi Ethics Commission or seeking assistance in making such a request
				  should contact the public records officer of the Mississippi Ethics Commission
				  by addressing the request to the "Public Records Officer, Executive Director or
				  Assistant Director."
The subject line or cover sheet of a written request should
				  include the phrase "Request for Public Records." Information is also available
				  at the Ethics Commissions web site listed above.
The public records officer will oversee compliance with the
				  act but another Ethics Commission staff member may process the request.
				  Therefore, these rules will refer to the public records officer "or designee."
				  The public records officer or designee and the Ethics Commission will provide
				  the "fullest assistance" to requestors; ensure that public records are
				  protected from damage or disorganization; and prevent fulfilling public records
				  requests from causing excessive interference with essential functions of the
				  Ethics Commission.
Section
				  25-61-5,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 2 - Public Records Requests › Rule 21-201-2.3 - Availability of public records

Current through June 25, 2024
Hours for inspection of records. Public records are
				  available for inspection and copying during normal business hours of the Ethics
				  Commission, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal
				  holidays. Records must be inspected at the offices of the Ethics Commission.
				  The time, place and manner of inspection and copying of records will not be
				  allowed to interfere with other essential duties of the Ethics
				  Commission.
A. Records index. Indexes
				of public records are available for use by members of the public, including
				indexes of Advisory Opinions, Statements of Economic Interest, Public Records
				Opinions and Open Meetings decisions, all of which may be accessed on-line at
				the web site address listed above.
B. Organization of records. The Ethics
				Commission will maintain its records in a reasonably organized manner. The
				Ethics Commission will take reasonable actions to protect records from damage
				and disorganization. A requestor shall not take Ethics Commission records from
				Ethics Commission offices. A variety of records is available on the Ethics
				Commission web site. Requestors are encouraged to view the documents available
				on the web site prior to submitting a records request.
C. Making a request for public records. Any
				person wishing to inspect or copy public records of the Ethics Commission
				should make the request in writing on a request form (if one is provided), or
				by letter, fax, or e-mail addressed to the public records officer and including
				the following information: Name of requestor; Address of requestor; Other
				contact information, including telephone number and any e-mail address;
				Identification of the public records adequate for the public records officer or
				designee to locate the records; and the date and time of day of the request.
If the requestor wishes to have copies of the records made
				  instead of simply inspecting them, he or she should so indicate and make
				  arrangements to pay for copies of the records or a deposit. Pursuant to these
				  rules, standard photocopies will be provided at fifteen cents ($0.15) per
				  page.
The public records officer or designee may accept requests
				  for public records that contain the above information by telephone or in
				  person. If the public records officer or designee accepts such a request, he or
				  she will confirm receipt of the information and the substance of the request in
				  writing.
Section
				  25-61-5,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 2 - Public Records Requests › Rule 21-201-2.4 - Processing of public records requests - General

Current through June 25, 2024
A.
				Providing access. The Ethics Commission acknowledges that "providing access to
				public records is a duty" and that "any person shall have the right to inspect,
				copy or mechanically reproduce or obtain a reproduction of any public record"
				in accordance with these policies. Sections
				25-61-1
				and
				25-61-5.
				The public records officer or designee will process requests in the order
				allowing the most requests to be processed in the most efficient
				manner.
B. Acknowledging receipt of
				request. Within five business days of receipt of the request, the public
				records officer will do one or more of the following: (1) Make the records
				available for inspection or copying; (2) If copies are requested and payment of
				a deposit for the copies, if any, is made or terms of payment are agreed upon,
				send the copies to the requestor; (3) Provide a reasonable estimate of when
				records will be available; or (4) If the request is unclear or does not
				sufficiently identify the requested records, request clarification from the
				requestor. (Such clarification may be requested and provided by telephone. The
				public records officer or designee may revise the estimate of when records will
				be available); or (5) Deny the request.
C. Consequences of failure to respond. If the
				Ethics Commission does not respond in writing within five business days of
				receipt of the request for disclosure, the requestor should consider contacting
				the public records officer to determine the reason for the failure to
				respond.
D. Protecting rights of
				others. In the event that the requested records contain information that may
				affect rights of others and may be exempt from disclosure, the public records
				officer may, prior to providing the records, give notice to such others whose
				rights may be affected by the disclosure. Such notice should be given so as to
				make it possible for those other persons to contact the requestor and ask him
				or her to revise the request, or, if necessary, seek an order from a court to
				prevent or limit the disclosure. The notice to the affected persons will
				include a copy of the request.
E.
				Records exempt from disclosure. Some records are exempt from disclosure, in
				whole or in part. If the Ethics Commission believes that a record is exempt
				from disclosure and should be withheld, the public records officer will state
				the specific exemption and provide a brief explanation of why the record or a
				portion of the record is being withheld. If only a portion of a record is
				exempt from disclosure, but the remainder is not exempt, the public records
				officer will redact the exempt portions, provide the nonexempt portions, and
				indicate to the requestor why portions of the record are being
				redacted.
Section
				  25-61-5,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 2 - Public Records Requests › Rule 21-201-2.6 - Processing of public records requests Electronic records

Current through June 25, 2024
Providing electronic records. When a requestor requests
				  records in an electronic format, the public records officer will provide the
				  nonexempt records or portions of such records that are reasonably locatable in
				  an electronic format that is used by the public body and is generally
				  commercially available, or in a format that is reasonably translatable from the
				  format in which the public body keeps the record. Costs for providing
				  electronic records are governed elsewhere in these rules.
Customized access to data bases. With the consent of the
				  requestor, the Ethics Commission may provide customized access if the record is
				  not reasonably locatable or not reasonably translatable into the format
				  requested. The Ethics Commission may charge the actual cost for such customized
				  access.
Section
				  25-61-5,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 2 - Public Records Requests › Rule 21-201-2.7 - Exemptions

Current through June 25, 2024
The Public Records Act, as well as other statues and court
				  decisions, provide that a number of types of documents are exempt from public
				  inspection and copying. In addition, other statutes or rules of law, such as
				  various privacy restrictions, may prohibit disclosure. Requestors should be
				  aware of the following exemptions outside the Public Records Act, that restrict
				  the availability of some documents held by Ethics Commission for inspection and
				  copying:
A. Confidentiality of Ethics
				Opinions, Complaints and Investigative Materials; Sections
				25-4-17(i) and
				(j) and
				25-4-23,
				Miss. Code of 1972.
B. Attorney
				work product and attorney client privilege; Section
				25-1-102.
C. Individual tax records in possession of
				public body; Section
				27-3-77.
D. Personnel files; Section
				25-1-100.
Section
				  25-61-5,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 2 - Public Records Requests › Rule 21-201-2.8 - Third Party Information

Current through June 25, 2024
When any person files or submits documents with the Ethics
				  Commission which the filer contends are exempt from disclosure under the Public
				  Records Act, the filer shall provide a written statement at the time of filing
				  which shall describe the documents filed and which shall fully explain why the
				  documents are designated as exempt from disclosure and must specifically cite
				  any statute or other legal authority in support of such designation. Such
				  written statement shall itself be a public record subject to disclosure.
Any document filed with the Ethics Commission which contains
				  trade secrets or confidential commercial or financial information subject to
				  the protection of any applicable law or court decision shall be clearly
				  designated as such by the filer on its face and accompanying cover letter at
				  the time of filing and shall be placed in an envelope other than white. Each
				  page of each document shall be marked confidential. Upon request to inspect or
				  copy any document so designated, the Ethics Commission shall notify the person
				  who filed the document of the request. Thirty (30) days after such notice, the
				  document will be made available for public inspection or copying unless the
				  filer shall have obtained a court order protecting such records as confidential
				  pursuant to Section
				  25-61-9,
				  Miss. Code of 1972.
Any person filing documents with the Ethics Commission shall,
				  prior to filing, redact from the documents any social security numbers, account
				  numbers or dates of birth not required to be listed. The Ethics Commission
				  shall determine on a case-by-case basis whether similar information may be
				  redacted by the filer to prevent identity theft. In no event will the Ethics
				  Commission bear any responsibility for a filer's failure to redact such
				  information which leads to or may lead to identity theft or other crime or
				  loss.
Section
				  25-61-5,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 2 - Public Records Requests › Rule 21-201-2.9 - Costs of providing public records

Current through June 25, 2024
The Ethics Commission may require payment in advance for all
				  costs before providing copies or access to records.
A. Costs for paper copies. A requestor may
				obtain standard black and white photocopies for fifteen cents (15¢) per
				page. Before beginning to make the copies, the requestor must pre-pay all
				reasonably estimated costs of copying all the records selected by the
				requestor. The public records officer or designee may also require the payment
				of the remainder of the copying costs of a previous installment before
				providing a subsequent installment. The Ethics Commission will not charge sales
				tax when it makes copies of public records.
B. Costs for electronic records. The cost of
				electronic copies of records shall be one dollar ($1) per disk for information
				on a CD-ROM. The cost of scanning existing Ethics Commission paper or other
				non-electronic records is five cents (5¢) per page. There will be no
				charge for e-mailing electronic records to a requestor, unless another cost
				applies such as a scanning fee or system costs allowed under Section
				25-61-7(2),
				Miss. Code of 1972.
C. Costs of
				mailing. The Ethics Commission may also charge actual costs of mailing,
				including the cost of the shipping container.
D. Payment. Payment may be made by check or
				money order payable to the Ethics Commission. Cash will not be
				accepted.
E. Charges for searching,
				reviewing and redacting. The actual cost of searching for and reviewing and, if
				necessary, redacting exempt information from public records shall be based upon
				the hourly rate of compensation for the lowest paid agency employee qualified
				to perform the task, which shall be multiplied by the actual time to complete
				the task.
Section
				  25-61-5,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 2 - Public Records Requests › Rule 21-201-2.10 - Review of denials of public records

Current through June 25, 2024
Petition for internal administrative review of denial of
				  access. Any person who objects to the initial denial or partial denial of a
				  records request may petition in writing (including e-mail) to the public
				  records officer for a review of that decision. The petition must include a copy
				  of or reasonably identify the written statement by the public records officer
				  or designee denying the request.
A.
				Consideration of petition for review. The executive director or assistant
				director of the Ethics Commission will promptly consider the petition and
				either affirm or reverse the denial within two business days following the
				Ethics Commission's receipt of the petition, or within such other time as the
				executive director or assistant director and the requestor mutually
				agree.
B. Review by the Ethics
				Commission. Pursuant to Section
				25-61-13,
				if the public records officer or other staff of the Ethics Commission denies a
				requestor access to public records, the requestor may ask the Ethics Commission
				to review the matter by filing a written request for review.
C. Judicial review. Any person whose request
				for public records was denied by the Ethics Commission may institute a suit in
				the chancery court for the First Judicial District of Hinds County, seeking to
				reverse the denial, as set forth in Section
				25-61-13.
Section
				  25-61-5,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 3 - Lobbying Appeals › Rule 21-201-3.1 - Purpose

Current through June 25, 2024
The purpose of this chapter is to set forth guidelines by
				  which the Ethics Commission hearings on appeals by a Lobbyist or a Lobbyist's
				  Client of civil penalties assessed by the Secretary of State's Office will be
				  conducted and for preparing a record of said hearings. The following procedures
				  will be followed by the Ethics Commission members and staff in conducting
				  appeals by a Lobbyist or a Lobbyist's Client of civil penalties assessed by the
				  Secretary of States Office and for preparing a record of said
				  hearings.
Section
				  5-8-17,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 3 - Lobbying Appeals › Rule 21-201-3.3 - Hearing phase

Current through June 25, 2024
The hearing officer shall preside over the hearing;
				  administer oaths; rule on procedural matters; and, maintain order and decorum.
				  Ethics Commission members may attend the hearing to listen to all testimony and
				  other evidence presented.
The Ethics Commission shall determine what portion of the
				  cost of a court reporter and, if necessary, one (1) transcript for the use by
				  the Ethics Commission the Secretary of States Office or the lobbyist or
				  lobbyists client shall bear.
The Ethics Commission shall not be bound by strict rules of
				  procedure or by the rules of evidence in the conduct of the proceedings. The
				  hearing shall be open to the public.
Section
				  5-8-17,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 3 - Lobbying Appeals › Rule 21-201-3.4 - Post-hearing phase

Current through June 25, 2024
After conclusion of the hearing, the commission or hearing
				  officer shall reduce its decision to writing and forward a certified copy
				  thereof to the last known address of the parties by way of United States
				  first-class, certified mail, postage paid.
The cost of the preparation of the record of the proceedings
				  for purpose of an appeal from a decision of the Ethics Commission shall be
				  assessed to and prepaid by the party filing the notice of appeal in accordance
				  with the Uniform Rules of Circuit and County Court. Such cost shall be paid
				  upon filing the notice of appeal pursuant to Rules 5.04 and 5.09 of the Uniform
				  Rules of Circuit and County Court.
Section
				  5-8-17,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 4 - Open Meetings Disputes › Rule 21-201-4.1 - Prehearing Phase

Current through June 25, 2024
Upon receiving a complaint, the executive director shall
				  forward a copy of the complaint, via certified mail, postage prepaid to the
				  head of the public body against which the complaint has been made. The public
				  body shall have fourteen (14) days from receipt of the complaint to file a
				  response with the Commission. After receiving the response to the complaint or,
				  if no response is received after fourteen (14) days, the Commission, in its
				  discretion, may dismiss the complaint or proceed by setting a hearing in
				  accordance with these rules and regulations.
Section
				  25-41-15,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 4 - Open Meetings Disputes › Rule 21-201-4.2 - Appointment and Authority of Hearing Officer

Current through June 25, 2024
The Commission hereby appoints the Executive Director or his
				  designee chosen from a list preapproved by the Commission as hearing officer
				  for all open meetings disputes within the Commission's jurisdiction pursuant to
				  Title 25, Chapter 41 of the Mississippi Code of 1972.
The hearing officer has and shall exercise the power to
				  regulate all proceedings in every hearing before him and to do all acts and
				  take all measures necessary or proper for the efficient performance of his
				  duties under these regulations. The hearing officer may require production,
				  through order or subpoena, of evidence upon all matters embraced in the open
				  meetings dispute, including the production of all books, papers, vouchers,
				  documents, and writings applicable thereto. The hearing officer shall have the
				  power to administer oaths, examine witnesses in open meetings cases pending
				  before the Commission, examine and report upon all matters referred to him. The
				  hearing officer shall have the power to enter protective orders.
The hearing officer shall have the power to direct the
				  issuance of subpoenas for witnesses to attend before him or her to testify in
				  the cause. If any witness shall fail to appear, the hearing officer shall
				  proceed by process to compel the witness to attend and give evidence. The
				  hearing officer may direct the parties to participate in a conference or
				  conferences prior to the hearing on the merits, for such purposes as expediting
				  the disposition of the action and facilitating resolution of the case.
The hearing officer may issue rulings on scheduling matters,
				  protective orders, admissibility of evidence, and other procedural or
				  pre-hearing matters. The hearing officer may alter any of the time periods
				  provided by these regulations, upon his own initiative or upon a motion by a
				  party or other person affected for good cause shown.
Section
				  25-41-15,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 4 - Open Meetings Disputes › Rule 21-201-4.3 - Appearance through Counsel

Current through June 25, 2024
Parties to proceedings governed by this rule may appear
				  personally or through an attorney, except that a party must personally attend
				  any hearing on the merits unless his attendance has been waived, in writing, by
				  the hearing officer. When a party has appeared through an attorney, service of
				  all notices, motions, orders, decisions and other papers shall thereafter be
				  made upon the attorney, unless the party requests otherwise in writing. When a
				  party is represented by an attorney, the attorney shall sign all motions,
				  oppositions, notices, requests, and other papers on behalf of the party,
				  including any request for issuance of subpoena
Section
				  25-41-15,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 4 - Open Meetings Disputes › Rule 21-201-4.4 - Pre-Hearing Conference/Scheduling

Current through June 25, 2024
The hearing officer may enter a scheduling order, or any
				  such other order, that sets deadlines, conferences or hearings deemed necessary
				  or appropriate by the hearing officer. Oral argument will not normally be
				  granted. However, the hearing officer may grant oral argument on any motion in
				  his sole discretion.
Section
				  25-41-15,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 4 - Open Meetings Disputes › Rule 21-201-4.5 - Subpoenas requested by parties

Current through June 25, 2024
The hearing officer shall have the power to issue subpoenas
				  for testimony or documents. Subpoenas may be issued to parties upon request,
				  but only for the following purposes:
(A) To compel a non-party witness to appear
				and give oral testimony at any hearing scheduled under these regulations;
				or
(B) To compel any person to
				appear at the hearing on the merits of the case, to give testimony, or to
				produce documents or other tangible things.
Subpoenas requested by a party shall be submitted to the
				  hearing officer on a form approved by the Commission. Concurrently with the
				  submission of the subpoena to the hearing officer, the requesting party shall
				  serve a copy on all of the parties to the proceeding and shall file proof of
				  such service with the Commission and the hearing officer.
Subpoenas shall not be issued in blank. A subpoena submitted
				  for issuance must contain the title and number of the case, the name of the
				  person to whom it will be directed, the date, time and place of hearing, and
				  the name and signature of the requesting party or his attorney. A subpoena
				  duces tecum must, in addition, contain a complete description of specific
				  documents or other tangible things that the witness will be required to produce
				  at the hearing.
Unless the witness agrees otherwise, a subpoena issued for
				  the purposes provided in these rules must be served by the requesting party at
				  least ten (10) calendar days prior to the hearing. A subpoena will be issued
				  during the hearing or on less than ten (10) days notice only upon order of the
				  hearing officer for reasonable cause shown by the requesting
				  party.
Section
				  25-41-15,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 4 - Open Meetings Disputes › Rule 21-201-4.7 - Conduct of Hearings

Current through June 25, 2024
Hearings shall be informal, and the Miss. Rules of Evidence
				  while applicable, shall be relaxed. Nothing contained herein shall prohibit the
				  hearing officer from entering orders or making rulings which provide for the
				  orderly conduct of said hearings. The hearing officer may limit the issues to
				  be heard during any hearing. The hearing officer may also make rulings
				  concerning any matters which do not involve a disputed issue of fact without
				  setting a hearing concerning same. Continuances will not be granted except for
				  good cause shown.
Section
				  25-41-15,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 4 - Open Meetings Disputes › Rule 21-201-4.8 - Recommendation of the Hearing Officer and Decision of the Commission

Current through June 25, 2024
All findings of fact made by the hearing officer or the
				  Commission shall be based upon the preponderance of the evidence. The hearing
				  officer shall reduce all recommendations to writing and submit those
				  recommendations to the Commission as described herein.
Section
				  25-41-15,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 4 - Open Meetings Disputes › Rule 21-201-4.9 - Post-Hearing Phase

Current through June 25, 2024
The cost of the preparation of the record of the proceedings
				  for purpose of an appeal from the decision of the Ethics Commission shall be
				  assessed to the party filing the appeal.
Section
				  25-41-15,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 5 - Public Records Opinions › Rule 21-201-5.1 - Requests for Public Records Opinions

Current through June 25, 2024
As set forth in Section
				  25-61-13,
				  Miss. Code of 1972, any person denied the right to inspect or copy public
				  records may request an opinion of the Ethics Commission as to whether the
				  public body is obligated to produce the records requested. The person shall
				  attach to the request for opinion a copy of his or her written records request
				  and the written denial of his or her records request, if any.
Section
				  25-61-13,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 5 - Public Records Opinions › Rule 21-201-5.2 - Responses to Requests for Public Records Opinions

Current through June 25, 2024
Upon receipt of the request, the executive secretary shall
				  forward a copy of the request and any attached documents to the public official
				  who denied the records request or failed to respond to it, as well as to the
				  head of the public body involved, if they are separate persons. The public body
				  shall have fourteen (14) days from receipt of the documents to file a response
				  with the Ethics Commission.
The response shall be in writing and shall include a copy of
				  the written public records rules, policies or procedures previously adopted by
				  the responding public body. The response shall also include a copy of any
				  correspondence between the requestor and responding public body as well as any
				  index or other writing or record provided to the requestor by the public
				  body.
Section
				  25-61-13,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 5 - Public Records Opinions › Rule 21-201-5.3 - Issuance of Public Records Opinions

Current through June 25, 2024
Whenever a dispute exists regarding access to public
				  records, any confidentiality, privilege or exemption claimed by the responding
				  public body or regarding any fees charged by the public body for the disclosure
				  of public records, the burden of proof shall lie with the public body to
				  demonstrate by clear and convincing evidence or applicable legal authority that
				  its actions were reasonable, lawful and justified under the circumstances. In
				  the absence of such proof, the Ethics Commission shall presume the records were
				  denied or costs calculated in violation of the Public Records Act. After
				  receiving the response to the request for opinion or after fourteen (14) days,
				  whichever comes first, the executive director or his designee shall present a
				  draft opinion to the Ethics Commission at its next meeting if enough
				  information is available on which to base an opinion. At that meeting or a
				  future meeting, the commission shall issue an opinion.
Section
				  25-61-13,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 5 - Public Records Opinions › Rule 21-201-5.4 - Mediation of Public Records Disputes

Current through June 25, 2024
In keeping with Section
				  25-61-13(1)(b)(ii),
				  Miss. Code of 1972, the executive director or his designee are hereby
				  authorized to mediate any dispute arising under the Mississippi Public Records
				  Act.
Section
				  25-61-13,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 6 - Ethics Hearings › Rule 21-201-6.1 - Prehearing Phase

Current through June 25, 2024
Upon a finding that probable cause exists to believe a
				  violation of law has occurred, the commission shall set a hearing on the matter
				  and shall cause a written notice of the time and place of the hearing to be
				  served upon the respondent at least sixty (60) calendar days prior to the
				  hearing date. A finding of probable cause shall constitute removal of the
				  statutory confidentiality imposed by Sections
				  25-4-21
				  and
				  25-4-23,
				  as authorized in Section
				  25-4-17(g),
				  Miss. Code of 1972. The executive director shall cause a copy of the written
				  notice to be served on the respondent by personal service or by mailing a copy
				  thereof by certified mail, postage prepaid, to the last known business address
				  of the respondent or his or her attorney.
Sections
				  25-4-15,
				  25-4-17 and
				  25-4-107,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 6 - Ethics Hearings › Rule 21-201-6.2 - Appointment and Authority of Hearing Officer

Current through June 25, 2024
The commission may appoint a hearing officer to rule on
				  procedural matters, issue subpoenas, conduct any hearing, administer oaths as
				  may be necessary for the proper conduct of the hearing, or such other matters
				  as ordered by the Commission. The hearing officer may direct the parties to
				  participate in a conference or conferences before the hearing on the merits,
				  for such purposes as expediting the disposition of the action and facilitating
				  resolution of the case. The hearing officer may issue rulings on discovery
				  issues, scheduling matters, protective orders, admissibility of evidence, and
				  other procedural or pre-hearing matters.
Sections
				  25-4-15,
				  25-4-17 and
				  25-4-107,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 6 - Ethics Hearings › Rule 21-201-6.3 - Ex Parte Communications

Current through June 25, 2024
Neither a respondent nor his or her representative shall
				  communicate with the hearing officer directly or indirectly in connection with
				  any issue of fact or law related to a proceeding pending before the Commission,
				  except upon notice and opportunity to all parties to participate. The hearing
				  officer may, with the consent of the parties, confer separately with the
				  parties and/or their lawyers in an effort to mediate or settle a pending
				  matter.
This rule shall not preclude:
(A) The hearing officer from consulting with
				Commission counsel concerning any matter before the Commission; or
(B) A party or his representative from
				conferring with the hearing officer or Commission counsel concerning procedural
				matters that do not involve issues of fact or law related to the
				proceeding.
Sections
				  25-4-15,
				  25-4-17 and
				  25-4-107,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 6 - Ethics Hearings › Rule 21-201-6.4 - Appearance through Counsel

Current through June 25, 2024
Parties may appear personally or through an attorney, except
				  that a party must personally attend any hearing on the merits unless his
				  attendance has been waived, in writing, by the hearing officer. When a party
				  has appeared through an attorney, service of all notices, motions, orders,
				  decisions and other papers shall thereafter be made upon the attorney, unless
				  the party requests otherwise in writing. When a party is represented by an
				  attorney, the attorney shall sign all motions, oppositions, notices, requests,
				  and other papers on behalf of the party, including any request for issuance of
				  subpoenas.
Sections
				  25-4-15,
				  25-4-17 and
				  25-4-107,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 6 - Ethics Hearings › Rule 21-201-6.5 - Pre-Hearing Conference/Scheduling

Current through June 25, 2024
The hearing officer may enter a scheduling order that sets
				  deadlines, conferences or hearings, deemed necessary or appropriate. The
				  hearing officer may rule on any motion without consulting the parties and
				  without granting oral argument.
Sections
				  25-4-15,
				  25-4-17 and
				  25-4-107,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 6 - Ethics Hearings › Rule 21-201-6.7 - Subpoenas

Current through June 25, 2024
Pursuant to the commission's authority granted in Section
				  25-4-19,
				  Miss. Code of 1972, the hearing officer shall issue subpoenas, including
				  subpoenas duces tecum, upon the request of a party, in accordance with these
				  rules. Subpoenas may be issued only for the following purposes:
(A) To compel a non-party witness to appear
				and give oral testimony at any hearing scheduled under these regulations;
				or
(B) To compel any person to
				appear at the hearing on the merits of the case, to give testimony, or to
				produce documents or other tangible things.
Subpoenas shall be submitted to the hearing officer for
				  issuance on a form approved by the Commission. Concurrently with the submission
				  of the subpoena to the hearing officer, the requesting party shall serve a copy
				  on all of the parties to the proceeding and shall file proof of such service
				  with the hearing officer. All subpoenas issued shall be filed with the
				  commission.
Subpoenas shall not be issued in blank. A subpoena submitted
				  for issuance must contain the title and number of the case, the name of the
				  person to whom it will be directed, the date, time and place of hearing or
				  deposition, and the name and signature of the requesting party or his attorney.
				  A subpoena duces tecum must, in addition, contain a complete description of
				  specific documents or other tangible things that the witness will be required
				  to produce at the hearing.
Unless the witness agrees otherwise, a subpoena issued for
				  the purposes provided in this rule must be served by the requesting party at
				  least ten (10) calendar days prior to the hearing. A subpoena will be issued
				  during the hearing or on less than ten (10) days' notice only upon order of the
				  hearing officer for reasonable cause shown by the requesting party. Proof of
				  service shall be filed with the commission.
Sections
				  25-4-15,
				  25-4-17 and
				  25-4-107,
				  Miss. Code of 1972.
Mississippi Administrative Code › Title 21 - Law And Justice › Part 201 - Rules of the Mississippi Ethics Commission › Chapter 6 - Ethics Hearings › Rule 21-201-6.8 - Protective Orders

Current through June 25, 2024
Pursuant to the commissions authority granted in Section
				  25-4-19,
				  upon motion by a party or by a person to whom a subpoena is directed, or from
				  whom documents or testimony is sought, the hearing officer may enter a
				  protective order quashing or modifying the subpoena for good cause
				  shown.
Sections
				  25-4-15,
				  25-4-17 and
				  25-4-107,
				  Miss. Code of 1972.