Mississippi Administrative Code

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.…

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, MEMA shall, in writing: A. Issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances; B. Agre…

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. All declaratory opinions and requests shall be indexed by name, subject, and date of issue. Declaratory opini…

This chapter consists of model rules for oral proceedings held to provide the public an opportunity to comment on submissions made under the Administrative Procedures Act and the Rules in this Title. The Secretary of State's Office is required to provide these model rules under M…

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 the Mississippi Department of Public …

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. 1. Each request must be submitted on 8-1/2" x 11" white paper. 2. 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: 1. At an oral proceeding on a proposed rule, persons may make statements and present documentary and physical submissions concerning the proposed rule. 2. 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 the Mississippi Department of Public Safety, part of the rulemaking record, and are subject to the Mississippi…

Herein are defined certain terms used in these Policy and Procedures. 1. Administrative Hold - Shall mean the withholding of all training funds and certification certificates due to non-compliance with Board policy or official requests for information. 2. Background Investigation…

1. This chapter defines advanced training for purposes of administration of the law enforcement officer training program and provides instructions for completion and submission of related documents. Notes 31 Miss. Code. R. 301-10.1 Miss Code Ann. § 45-6-7, 45-6-19, 25-3-25 Adopte…

1. The enabling legislation provides that the activities of law enforcement officers are of such nature as to require selection, education and training of a professional nature upon entrance and during the careers of such officers. Beginning in 2004, the Legislature enacted speci…

1. All participating agencies included under the LEOTP as described in this manual shall follow these steps in submitting required forms: A. Law Enforcement Course Certification Request - This form is used to request approval from BLEOST to conduct advanced training courses. The …

1. This section establishes policy and procedures governing the training requirements for Constables. Notes 31 Miss. Code. R. 301-11.1 Miss Code Ann. § 19-19-5 Adopted 9/16/2019

1. The Board on Law Enforcement Officer Standards and Training is responsible for the establishment of an appropriate training program for constables in the field of law enforcement at the Mississippi Law Enforcement Officer' Training Academy or such other training programs that …

1. This section establishes the design of the uniform, motor vehicle identification and flashing blue light to be used by constables in order that all of said officers within the state shall be similarly equipped. Notes 31 Miss. Code. R. 301-12.1 Miss Code Ann. § 19-19-1, 45-6-3 …

1. The board of supervisors shall furnish each constable with at least two (2) complete uniforms and with some type of motor vehicle identification which clearly indicates that the motor vehicle is being used by a constable in his official capacity. 2. The design of such uniforms…

1. This document shows the designs of the Constable Emblem, Badge and Door Decal. Click here to view image Notes 31 Miss. Code. R. 301-12.3 Miss Code Ann. § 19-19-1, 45-6-3 Adopted 9/16/2019

1. This section establishes policy and procedures governing the standards and qualifications to be used to certify instructors for Board-approved training. Notes 31 Miss. Code. R. 301-13.1 Miss Code Ann.§ 45-6-7 Adopted 9/16/2019 Amended 11/3/2021

1. All persons instructing law enforcement officers in Board-approved training courses of four hours or less must be qualified as determined by the academy director. All persons instructing more than four hours in a Board-approved training course must be certified as an instructo…

1. Minimum requirements for certification of training instructors.A. Individuals applying for certification to instruct in BLEOST approved courses must apply through the completion of a formal application (BLEOST Instructor Application Packet). Applications must be submitted to t…