Mississippi Administrative Code

When it is in the best interest of the agency, MDA may, at any time, settle a debarment or suspension action. If a participant and MD A agree to a voluntary exclusion of the participant, such voluntary exclusion shall be entered on the Debarment List. Notes 6 Miss. Code. R. 5-1.1…

This policy shall apply to all subgrantees, and/or its agent, agents, and/or anyone or any entity acting on behalf of a subgrantee, who have participated in, or are presently participating in MDA programs. For purposes of these regulations, transactions will be subdivided into (1…

Except to the extent prohibited by law, subgrantee's, and/or its agent, agents and/or anyone , or any entity who are debarred or suspended shall be excluded from primary transactions and lower tier transactions for the period of their debarment or suspension. Notes 6 Miss. Code. …

The MDA Executive Director, as the debarring official, or his designee, after consultation with the appropriate Division Director, may debar a subgrantee, and/or its agent, agents, and/or anyone or any entity acting on subgrantee's behalf for any causes noted herein. However, the…

Debarment may be imposed for: A. Conviction of or civil judgment for: (i). Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; (ii). Violation of Federal or State antitrust statu…

MDA shall process debarment actions as informally as practicable, consistent with the principles of fundamental fairness using the procedures in Rules 1.7 through 1.11. A. Information concerning the existence of a cause for debarment from any source shall be promptly reported, in…

A debarment proceeding shall be initiated by written notice, through certified mail, to the respondent advising: A. That debarment is being considered; B. Of the reasons for the proposed debarment in terms sufficient to put the respondent on notice of the conduct or transaction(s…

Within 30 days after receipt of the notice of proposed debarment, the respondent may submit, personally or through a legal representative, in writing, information and arguments in opposition to the proposed debarment. A. Agency Proceeding As to Disputed Material Facts(i). In acti…

A. No Agency Proceeding Necessary. In actions based upon a conviction or civil judgment, or in which there is no genuine dispute over material facts, the debarring official shall make a decision on the basis of all the information in the administrative record, including any submi…

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 pursuant to the Administrative Pr…

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 ar…

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 MDA, part of the rulemaking record, and are subject to the MDA's public records request procedure. The MDA…

This chapter consists of model rules addressing the public's request for declaratory opinions and the MDA's disposition of requests for declaratory opinions. Notes 6 Miss. Code. R. 5-3.1 Miss. Code Ann. § 25-43-2.103 (Rev. 2006).

MDA 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 o…

This chapter sets forth the MDA'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 the MDA's procedures regarding the disposition of requests as required by Mississippi Co…

The MDA will issue declaratory opinions regarding the applicability to specified facts of: A. a statute administered or enforceable by the MDA, B. a rule promulgated by the MDA, or C. an order issued by the MDA. Notes 6 Miss. Code. R. 5-3.3 Miss. Code Ann. § 25-43-2.103 (Rev. 200…

A request must be limited to a single transaction or occurrence. Notes 6 Miss. Code. R. 5-3.4 Miss. Code Ann. § 25-43-2.103 (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…

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

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

In accordance with Section 25-43-2.104(a) of the Mississippi Administrative Procedures Act, this chapter describes the Mississippi Development Authority's duties and responsibilities, the organization of the Mississippi Development Authority's office, its methods of operation, an…

The Mississippi Development Authority consists of an executive director appointed by the Governor, with the advice and consent of the Senate. The executive director shall be the executive officer of the department in the execution of any and all provisions of this chapter. Notes …

The executive director shall have the following powers and duties: A. To formulate the policy of the department regarding economic and tourist development of the State. B. To use and expend any funds from the state, federal or private sources coming into the department for the pu…

There is a Mississippi Development Authority Legislative Oversight Committee charged to serve in an advisory capacity regarding matters under the jurisdiction of the MDA. However, the Committee shall have no jurisdiction or vote on any matter within the jurisdiction of the MDA. N…

The Governor shall appoint an advisory counsel to the agency consisting of twenty-five members, five from each congressional district. The Governor shall serve as chairman of the council. The members shall serve in an advisory capacity and serve without pay and compensation for e…

A current listing of contact information for the Mississippi Development Authority may be found at www.mississippi.org or obtained by calling (601)-359-3449. Notes 6 Miss. Code. R. 5-4.6 Miss. Code Ann. § 25-43-2.104 (Rev. 2006).

These Rules and Regulations are adopted in compliance with the Mississippi Public Records Act of 1983, Miss. Code Ann. § 25-61-1 thru 25-61-19, and the Mississippi Ethics Commission's Model for Public Records Rules. All records and portions of records not exempt from disclosure w…

Information may be on MDA's website at www.missisisppi.org. In addition, information on the state budget, expenditures, travel, contracts, leases, workforce and grants may be available free of charge at transparency.ms.gov. Contact Information: Mississippi Development Authority P…

The Mississippi Development Authority is composed of the Business Incentives, Business Recruitment and Expansion, Business Research and Workforce Development, Community and Rural Development, Community Incentives, Energy and Natural Resources, Entrepreneur Center, International T…

(a) Hours for inspection of records. Public records are available for inspection and copying during normal business hours of the MDA, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the office of the MDA. The time, place and m…

(a) Providing access. The MDA 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, …

(a) Requesting electronic records. The process for requesting electronic public records is the same as for requesting paper public records. (b) Providing electronic records. When a requester requests records in an electronic format, the public records officer will provide the non…

The Public Records Act, as well as other statutes and court decisions, provide that a number of types of records are exempt from public inspection and copying. In addition, other statutes or rules of law, such as various privacy restrictions, may prohibit disclosure. Requesters s…

Upon request to inspect or copy any document so designated, the MDA shall notify the person who filed the document. Twenty-one (21) days after such notice, the document will be made available for public inspection or copying unless the filer shall have obtained a court order prot…

(a) Costs for paper copies. Section 25-61-7(1), Miss. Code of 1972, reads as follows: "Except as provided in subsection (2) of this section, each public body may establish and collect fees reasonably calculated to reimburse it for, and in no case to exceed, the actual cost of sea…

(a) 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 to the public records officer for a review of that decision. The petition must include a copy of or rea…

The Mississippi Site Development Grant Program assists public or private non-profit economic development organizations or local governments (Local Partners) in developing available green field sites for industrial development. Matching grants of up to $50,000 for Ready Site or $2…

Funds will be used to support the development of sites in areas of high demand or with other attributes that make them particularly differentiated and competitive. MDA will invest more in these sites and, as a result, will take measured steps to ensure a higher likelihood of a re…

C. MDA funds must match funds from other sources (excluding other grants administered by MDA) and will not be the primary funding vehicle. (i) The maximum grant will be $250,000 or 50% of the total cost of all the due diligence/site development improvements required, whichever is…

Each application will be reviewed objectively and solely on the merits of the proposed site enhancement and its potential for improving industrial recruitment efforts. No applicant is guaranteed funding if basic qualifying criteria are met. The merit of each application will be r…

Projects not completed within twelve (12) months that show evidence of progress as determined by the MDA Grants Review Committee will be considered for funding. Projects with no tangible progress may be rejected for funding and can be submitted for consideration in the future. MD…

Applying organization(s) will be accountable for all monies awarded and responsible for submission and tracking of all research, expenses and measurement of project results. Eligible and applicable costs will be reimbursed after submission and approval of the applicant's final re…

If a project's scope changes during the development stages, the grant recipient must write to the MDA Existing Industry and Business Division for approval. The letter must state the project name, grant fund number, requested change, reasons for wanting to change, and any alterati…