Department of Insurance

(1) A contractor must submit for review an application and plans for the installation of new equipment. (2) To apply for a plan review for the installation of new equipment, a contractor must: (a) submit a completed application on a department-approved form; (b) pay the fee requi…

(1) A contractor must submit for review an application and plans for the alteration of existing equipment. (2) To apply for a plan review for the alteration of existing equipment, a contractor must: (a) submit a completed application on a department-approved form; (b) pay the fee…

(1) Equipment not covered by this Regulation includes, but is not limited to, the following: a. Material hoists within the scope of ANSI A10.5; b. Man lifts within the scope of ASME A90.1; c. Mobile scaffolds, towers and platforms within the scope of ANSI A92; d. Powered platform…

The Administrator shall conduct a plan review of the installation of new equipment or the alteration of existing equipment and may: (a) approve the application and plans as submitted; (b) approve the application and plans with conditions; or (c) deny the application and plans and…

(1) If the installation or alteration has already been completed, any changes to an approved application and plans for the installation of new equipment or the alteration of existing equipment must be resubmitted in accordance with this Regulation. (2) If the installation or alte…

A person may file a complaint with the Administrator by doing so in writing, setting forth a full statement of the facts concerning the alleged infraction of the elevator licensing law or rules. In the event a complaint is filed with the Administrator, the Administrator's investi…

(1) Form of complaint filing. A person may register a complaint against a mechanic or inspector licensed by the elevator Administrator by filing a written complaint with the Department of Labor. The written complaint must set forth, at a minimum, the nature, date and place of the…

(1) The Administrator may revoke or suspend a license. This shall not preclude the Administrator from taking lesser steps, including, but not limited to formal reprimand, required education, civil penalty, etc. The Administrator may act if any one or more of the following reasons…

(1) Any person, sole proprietor, firm, or corporation whose license is revoked, suspended or subject to civil penalty, or whose license application is denied, may appeal from such determination to the Commissioner of Insurance, which shall within thirty (30) days thereafter, hold…

(1) In assessing the penalty for code violations the administrator or administrator's designee shall consider the seriousness of the hazard, the number of people exposed to the hazard whether or not the violation was corrected after notification of its existence, and whether the …

This Regulation shall not be construed to relieve or lessen the responsibility or liability of any person, firm, or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing, or repairing any elevator or other relat…

If any section or portion of a section of this Regulation or the application thereof is held by a court to be invalid, such invalidity shall not affect any other provision of that section or application of the Regulation which can be given effect without the invalid provision or …

This Regulation shall become effective thirty (30) days after filling with the Secretary of State. Notes 19 Miss. Code. R. 8-1.39 Miss. Code Ann. §§ 25-43-3.112; 25-43-3.113 (Rev. 2018) Amended 1/10/2015 Amended 7/30/2015 Amended 9/2/2017 Amended 6/28/2019

For purposes of this Regulation, the following terms are defined as follows, unless the context clearly indicates otherwise: (a) "Administrator" means the person or person designated by the Commissioner of Insurance. (b) "ANSI" means the American National Standards Institute. (c)…

(1) If not previously adopted, the Administrator shall automatically adopt the latest editions of the following standards six months from their effective date: (a) THE NATIONAL SAFETY CODE FOR ELEVATORS AND ESCALATORS (ASME A.17.1) (b) THE NATIONAL SAFETY CODE FOR EXISTING ELEVAT…

(1) On or before December 31, 2014, the owner or lessee of a conveyance not exempted by this Regulation shall register the conveyance with the department, pursuant to rules adopted by the Administrator. The registration shall include the type, rated load and speed, manufacturer, …

(1) (a) Variance - Historical Character. The Administrator may grant a variance approving a different solution to compliance with the intent of this code. In considering a request for a variance, the Administrator may take into consideration the impact to the historic character o…

The form attached hereto as Attachment "A" shall be used to submit applications for a variance from the adopted elevator code as authorized under this Regulation. However, the standards for the granting or denial of a variance as set forth in this Regulation are the standards app…

(1) No license shall be granted to any person who has not proven their qualifications and abilities. Applicants must demonstrate the following qualifications: (a) An acceptable combination of documented experience and education credits of, within the last five (5) years, not less…

These Rules and Regulations for Transportation Network Companies are promulgated by the Commissioner of Insurance of the State of Mississippi in accordance with the Transportation Network Company Act, Mississippi House Bill No. 1381, 2016 Regular Legislative Session, to be codifi…

This Regulation is promulgated by the Commissioner of Insurance pursuant to the authority granted to him by Mississippi House Bill No. 1381, 2016 Regular Legislative Session., as well as the provisions of 19 Miss. Admin. Code, Part 1, Chapter 15 (Rules Regarding the Administrativ…

This Regulation shall apply to all Transportation Network Companies and Transportation Network Drivers, as defined in Mississippi House Bill No. 1381, 2016 Regular Legislative Session, operating in the State of Mississippi. Notes 19 Miss. Code. R. 9-1.03 Mississippi House Bill No…

As used in these regulations: (a) "Personal vehicle" means a vehicle that is used by a transportation network company driver and is: (i) Owned, leased or otherwise authorized for use by the transportation network company driver; and (ii) Not a common carrier by motor vehicle, con…

Transportation network companies or transportation network company drivers are not common carriers by motor vehicle, contract carriers by motor vehicle, or restricted motor carriers under Chapter 7, Title 77, Mississippi Code of 1972, nor do they provide taxicab or limousine serv…

(1) A person shall not operate a transportation network company in Mississippi without first having obtained a license from the department. (2) The Department shall issue a license to each applicant that meets the requirements for a transportation network company as provided for …

Each transportation network company shall maintain an agent for service of process in the State of Mississippi. Notes 19 Miss. Code. R. 9-1.07 Mississippi House Bill No. 1381, 2016 Regular Legislative Session. Adopted 10/1/2016

On behalf of a transportation network company driver, a transportation network company may charge a fare for the services provided to riders; however, if a fare is collected from a rider, the transportation network company shall disclose to the rider the fare or fare calculation …

The transportation network company's online-enabled technology application or website shall display a picture of the transportation network company driver, and the license plate number of the motor vehicle utilized for providing the prearranged ride before the rider enters the tr…

Within a reasonable period of time following the completion of a trip, a transportation network company shall transmit an electronic receipt to the rider on behalf of the transportation network company driver that lists: (a) The origin and destination of the trip; (b) The total t…

(1) On or before the effective date of this act and thereafter, a transportation network company driver or transportation network company on the driver's behalf shall maintain primary automobile insurance that recognizes that the driver is a transportation network company driver …

The transportation network company shall disclose in writing to transportation network company drivers the following before they are allowed to accept a request for a prearranged ride on the transportation network company's digital network: (a) The insurance coverage, including t…

(1) Insurers that write automobile insurance in Mississippi may exclude any and all coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a driver is logged on to a transportation network company's digital…

Drivers shall be independent contractors and not employees of the transportation network company if all of the following conditions are met: (a) The transportation network company does not prescribe specific hours during which a transportation network company driver must be logge…

(1) The transportation network company shall implement a zero tolerance policy regarding a transportation network company driver's activities while accessing the transportation network company's digital platform. The zero tolerance policy shall address the use of drugs or alcohol…

(1) Before allowing an individual to accept trip requests through a transportation network company's digital platform as a transportation network company driver: (a) The individual shall submit an application to the transportation network company, which includes information regar…

A transportation network company driver shall not solicit or accept street hails. Notes 19 Miss. Code. R. 9-1.17 Mississippi House Bill No. 1381, 2016 Regular Legislative Session. Adopted 10/1/2016

The transportation network company shall adopt a policy prohibiting solicitation or acceptance of cash payments for the fares charged to riders for prearranged rides and notify transportation network company drivers of the policy. Transportation network company drivers shall not …

(1) The transportation network company shall adopt a policy of nondiscrimination with respect to riders and potential riders and notify transportation network company drivers of the policy. (2) Transportation network company drivers shall comply with all applicable laws regarding…

A transportation network company shall maintain the following customer records: (a) Individual trip records for at least one (1) year from the date each trip was provided; and (b) Individual records of transportation network company driver customers at least until the one-year an…

(1) For the sole purpose of verifying that a transportation network company is in compliance with the requirements of this act and not more than annually, the commissioner shall have the right to visually inspect a sample of records that the transportation network company is requ…

(1) Transportation network companies and transportation network company drivers are governed exclusively by the Transportation Network Company Act, Mississippi House Bill No. 1381, 2016 Regular Legislative Session, and these rules promulgated by the commissioner consistent with s…

(1) Failure of an applicant or licensee to comply with a material provision of the Transportation Network Company Act or this regulation is considered a violation of applicable laws. The Commissioner of Insurance may deny a license application or suspend or revoke a license, afte…

If any section or portion of a section of this Regulation or the application thereof is held by a court to be invalid, such invalidity shall not affect any other provision of that section or application of the Regulation which can be given effect without the invalid provision or …

The Effective Date of this Regulation shall be October 1, 2016. Notes 19 Miss. Code. R. 9-1.25 Mississippi House Bill No. 1381, 2016 Regular Legislative Session. Adopted 10/1/2016

(1) These Rules and Regulations for Peer-to-Peer Car Sharing Programs are promulgated by the Commissioner of Insurance of the State of Mississippi in accordance with the Peer-to-Peer Car Sharing Program Act, Mississippi Senate Bill No. 2530, 2024 Regular Legislative Session, to b…

This Regulation is promulgated by the Commissioner of Insurance pursuant to the authority granted to him by Mississippi Senate Bill No. 2530, 2024 Regular Legislative Session., as well as the provisions of 19 Miss. Admin. Code, Part 1, Chapter 15 (Rules of Practice and Procedure …

This Regulation shall apply to all Peer-to-Peer Car Sharing Programs, as defined in Mississippi Senate Bill No. 2530, 2024 Regular Legislative Session, operating in the State of Mississippi. Notes 19 Miss. Code. R. 9-2.03 Mississippi Senate Bill No. 2530, 2024 Regular Legislative…