Public Safety

1. If an expunction request is incomplete, it is returned to the submitting entity with a Resolution Form indicating the reasons it cannot be processed. A sample Resolution Form is included in Section 6.0.1. 2. If an expunction order is incomplete, the order and a letter of expla…

1. Each District Attorney, with the consent of a circuit court judge of his or her district, has prosecutorial discretion to establish a pretrial intervention program in the circuit court district. The pretrial intervention program will be under the direct supervision and control…

1. A District Attorney, or designated staff, must submit a letter to the CIC informing CIC that the person is being considered for the pretrial intervention program. The letter must be submitted on the letterhead of the District Attorney and include the following information:a. N…

The district attorney's office transmits a letter to the Center indicating whether successful completion of the program was accomplished. Upon receipt of this information, the Records Technician records the status in the system. Notes 31 Miss. Code. R. 2-7.3 Miss. Code Ann. §§ 45…

All inquiries made by district attorneys' offices into the program database are recorded in the system. Information in this database will only be released by the Center to a district attorney's office upon inquiry as to whether a person previously has been accepted into an interv…

The Center will make a person's criminal record available for inspection by him or his attorney upon written request. A letter of request must be submitted to the Center at the following address: Mississippi Criminal Information Center Special Processing Unit P. O. Box 958 Jackso…

1. The Center will provide a Release form to the individual which must be signed prior to the check being performed. This release form authorizes the Center to conduct the record check and waives any and all claims of liability against the Center and the Department of Public Safe…

1. If an individual contests the accuracy of a record, the Center shall make a copy of the contested record available to the person or his attorney upon written request. The request must specify the portion of the record contested and indicate the reason for the contest of accura…

The Center currently processes a number of background checks by name and/or fingerprints. Included below is a brief description of each check. A fee schedule, provided in Section 9.0.1, summarizes the statutory authority, type and cost of check, and contact person. Notes 31 Miss.…

A memorandum of understanding must be executed between the Center and any state agency authorized by state statute to submit fingerprint cards to the Center. State agencies are provided fingerprint cards which are assigned to the agency based on an ORI (originating agency identif…

1. In order to process a name check with this Center, authorized agencies must make a written request which includes the following information: a. applicant's name; b. applicant's social security number; c. applicant's date of birth; and d. position for which application was rece…

1. Other types of checks are required for criminal justice/law enforcement entities, federal child care facilities, and for the issuance of gun permits. The procedures for these checks are provided below.a. Criminal Justice/Law Enforcement Agencies The Mississippi Justice Informa…

1. Applicant fingerprint checks may be submitted to the CIC in person, electronically, or by mail. If an individual appears at the Center to request an applicant record check, the receptionist will contact the appropriate records technician in the Special Processing Unit. The Tec…

1. If the record search for a fingerprint check determines that a record does not exist for the individual, the rap sheet will indicate that there is "No Record". 2. If a records check by name indicates that a record does not exist on the individual, the original request should b…

1. The CIC is required to render a determination regarding the suitability of an applicant for a position for certain providers of care to children, the elderly and/or individuals with disabilities (refer to the statute stated below). This law allows any provider of care for chil…

1. The aggrieved applicant may appeal the determination to the Commissioner of Public Safety, or his authorized agent, within thirty (30) days after the aggrieved party receives written notice of the determination. The Commission of Public Safety or his agency, shall rule upon th…

The intent of these rules and regulations as contained in the Mississippi Administrative Code, Pt. 201 et seq. for the Mississippi Emergency Management Agency, upon their effective date shall repeal and supersede all previous rules as submitted by this agency. Notes 31 Miss. Code…

Amendment of Rules, Validity of Rules, and Enforcement of Rules. A. MEMA may amend these rules or promulgate new rules. B. If any one or more of these rules is found to be invalid by any court of competent jurisdiction, such finding shall not affect the validity of any other of t…

This chapter provides a description of the organization of MEMA and further states the general course and method of its operations. Notes 31 Miss. Code. R. 201-2.1 Miss. Code Ann. §§ 25-43-2.104 (Rev. 2006) & 33-15-1 et seq (Rev. 1980).

The Mississippi Emergency Management Agency is authorized and created as a department within the executive branch of state government. Notes 31 Miss. Code. R. 201-2.2 Miss. Code Ann. § 33-15-7 (Rev. 1995).

The Governor shall appoint a director of emergency management who shall hold office during the pleasure of the Governor. This Executive Director of the Mississippi Emergency Management Agency shall be the executive head of the agency and shall carry out the program for emergency …

The Executive Director shall employ personnel as necessary to carry out the purposes of MEMA. The Executive Director has elected to employ two Deputy Directors using this authority. Notes 31 Miss. Code. R. 201-2.4 Miss. Code Ann. § 33-15-7 (Rev. 1995).

MEMA is divided into five offices which are further divided into bureaus: Mitigation, Preparedness, Recovery, Response and Support Services: A. The Office of Mitigation helps prevent damage and loss of life and property in future disasters. This office is comprised of the Flood M…

MEMA serves the following functions not contained in the offices enumerated in Title 31 Miss. Admin. Code, Pt. 201, Rule 2.4: A. MEMA Field Services is responsible for the Area Coordinator Program which serves the nine districts through the state of Mississippi as a liaison betwe…

This chapter describes how the public may obtain information or make submissions or requests for public records. Notes 31 Miss. Code. R. 201-3.1 Miss. Code Ann. §§ 25-43-2.104 & 25-61-1 et seq.

The Governor may suspend the provisions of any regulatory statute, including the Public Records Act of 1983, if strict compliance with the provisions of said statute, rule or regulation would in any way prevent, hinder or delay necessary action in coping with a disaster or emerge…

The required form for requesting public records from MEMA may be obtained by contacting the MEMA External Affairs Office, whose contact information is provided in this chapter at Rule 3.3. The Official Public Records Request form may also be found on the MEMA website at www.msema…

Policies and procedures concerning the availability of and disclosure of records and information maintained by the Mississippi Emergency Management Agency is in accordance with § 25-61-1 et seq., Mississippi Code of 1972, "The Public Records Act of 1983." This applies to all reco…

"The Public Records Act of 1983," states that it is the policy of the Mississippi Legislature that public records must be available for inspection by any person unless otherwise provided. A. All requests for public records from MEMA must be made in writing using the MEMA Official…

Whenever possible records will be provided at little or no cost to the requestor. However, MEMA may charge reasonable fees as follows to cover retrieval and copying costs. MEMA requires that any associated cost be paid in advance of complying with a request for public records. A.…

A. Inspection of public records is available at no charge. B. Inspection must be conducted at the Mississippi Emergency Management Agency, #1 MEMA Drive, Pearl, MS 39208, during normal hours of operation (Monday through Friday from 8 a.m. to 5 p.m. excluding state holidays). C. R…

MEMA shall adhere to the following timeframes in response to a request for inspection or production of public records: A. MEMA will make all efforts to respond to each request within seven (7) working days as provided by § 25-61-5, Mississippi Code of 1972. B. MEMA may not be abl…

There are exemptions to "The Public Records Act of 1983" in which the request will be denied. A. Requests for MEMA records may be denied if disclosure is exempted under the provisions of §§ 9-1-38, 13-5-97, 25-1-100, 25-1-102, 25-1-111, 25-61-9, 25-61-11, 27-3-77, 31-1-27, 33-15-…

MEMA does have access to records of other agencies and/or entities. The following procedures will be followed if a request is made for inspection or production of records that are the primary responsibility of another agency or entity. A. If a request is submitted to MEMA for cur…

Denials by MEMA of a request for access to or copies of public records will be made in writing and will contain a statement of the specific exemption relied upon for the denial. Notes 31 Miss. Code. R. 201-3.9 Miss. Code Ann. § 25-61-5

This chapter applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations or written input on proposed new rules, amendments to rules, and proposed repeal of existing rules before MEMA pursuant to the Administrative P…

When a political subdivision, an agency, or a citizen requests an oral proceeding in regards to a proposed rule adoption, the requestor must submit a printed, typewritten, or legibly handwritten request. A. Each request must be submitted on 8-1/2" x 11" white paper. B. The reques…

Notice of the date, time, and place of all oral proceedings shall be filed with the Secretary of State's Office for publication in the Administrative Bulletin. The agency providing the notice shall provide notice of oral proceedings to each requestor. The oral proceedings will be…

Public participation shall be permitted at oral proceedings in accordance with the following: A. At an oral proceeding on a proposed rule, persons may make statements and present documentary and physical submissions concerning the proposed rule. B. Persons wishing to make oral pr…

Physical and Documentary Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of MEMA, part of the rulemaking record, and are subject to MEMA's public records request procedure. MEMA may reco…

This chapter sets forth MEMA's rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and MEMA's procedures regarding the deposition of requests are required by Mississippi Code § 2…

MEMA will issue declaratory opinions regarding the applicability to specified facts of: A. a statute administered or enforceable by MEMA, B. a rule promulgated by MEMA, or C. an order issued by MEMA. Notes 31 Miss. Code. R. 201-5.2 Miss. Code Ann. § 25-43-2.103 & 2.105 (Rev. 2006…

A request must be limited to a single transaction or occurrence. Notes 31 Miss. Code. R. 201-5.3 Miss. Code Ann. § 25-43-2.103 & 2.105 (Rev. 2006).

When a person with substantial interest, as required by Section 25-43-2.103 of the Administrative Procedures Act, requests a declaratory opinion, the requestor must submit a printed, typewritten, or legibly handwritten request. A. Each request must be submitted on 8-1/2" x 11" wh…

Any party who signs the request 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, admi…

Each request must contain the following: A. A clear identification of the statute, rule, or order at issue; B. The question for the declaratory opinion; C. A clear and concise statement of all facts relevant to the question presented; D. The identity of all other known persons in…

MEMA may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not limited to: A. The matter is outside the primary jurisdiction of MEMA; B. Lack of clarity concerning the question presented; C.…