Mississippi Administrative Code

Chapter 3 of these Rules is promulgated pursuant to Miss. Code Ann. § 25-43-2.103(2) as amended and is intended to set forth the Board's procedures regarding requests for declaratory opinions. Notes 37 Miss. Code. R. 401-3.1 Miss. Code Ann. §§ 25-43-2.103; 65-2-5

Any person with a substantial interest in the subject matter may request the Board for a declaratory opinion. Notes 37 Miss. Code. R. 401-3.2 Miss. Code Ann. §§ 25-43-2.103; 65-2-5

A. The Board will issue declaratory opinions regarding the applicability to specified facts of: 1. A statute administered or enforceable by the Board, 2. A rule promulgated by the Board, or 3. An order issued by the Board. B. The Board will not issue a declaratory opinion regardi…

A. The Board may, for good cause, refuse to issue a declaratory opinion. Without limiting the generality of the foregoing, the circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: 1. The matter is outside the jurisdiction of …

A. Written Requests Required. Each request must be printed or typewritten, or must be in legible handwriting. Requests may be in the form of a letter addressed to the Board or in the form of a pleading as might be addressed to a court. B. Where to Send Request: All requests must …

A. Board's Response. Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Board shall in writing:1. Issue an opinion declaring the applicability of the specified statute, rule, or order to th…

The Board staff will make declaratory opinions and requests for declaratory opinions 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 and subject. Declaratory opin…

The Board will not pursue any civil, criminal, or administrative action against a person who is issued a declaratory opinion and who, in good faith, follows the direction given in the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the…

Chapter 4 of these Rules is promulgated pursuant to Miss. Code Ann. § 25-42-2.102 as amended and sets forth the procedures for making Board Orders available to the public. Notes 37 Miss. Code. R. 401-4.1 Miss. Code Ann. §§ 25-43-2.102; 65-2-5

The Board staff will be responsible for making Board Orders available for public inspection and copying, indexed by name and subject. This is subject to any confidentiality provisions established by law. Notes 37 Miss. Code. R. 401-4.2 Miss. Code Ann. §§ 25-43-2.102; 65-2-5…

The written final Order can't be used as precedent to the detriment of any person by the Board until it has been made available for public inspection, indexed by name and subject. A. This is inapplicable to any person who has actual timely knowledge of the Order. B. The burden of…

A. The Contractor or Mississippi Transportation Commission may file for arbitration any time prior to final payment being made and accepted by the contractor. B. The Contractor may not request arbitration of a monetary or non-monetary claim unless a written claim by the contracto…

A. All requests for arbitration shall be made in writing, addressed to the Secretary of the Board, with a copy sent to the opposing party. If made by a contractor, a copy of the request shall be mailed to the Chief Engineer, Mississippi Department of Transportation, and if by the…

The purpose of the Board is to fairly adjudicate disputes between the Contractors and the Commission. To this end, at least five business days before the scheduled hearing date, each party of the dispute shall be required to disclose to the other party and each Board member, as a…

A. Hearings will be held in the conference room of Mississippi Road Builders Association, Inc., located at 601 George Street, Jackson, Mississippi 39225, or, at other locations selected by the Board. B. As required by the statute, the Board shall consider only, and be bound only,…

A full and complete record of all proceedings shall be taken stenographically and be recorded and a transcript thereof prepared. Deliberations of the Board are not to be made a part of the record. Documents offered in evidence, to be considered by the Board, shall be a part of th…

The Board will make written findings of fact and conclusions of law and shall make its decisions in writing based on the evidence and testimony presented, all of which will be made a part of the record of the proceeding. The Board will determine only the proper interpretation and…

The cost of the arbitration proceedings, including the costs of the Board Members as set out by the Mississippi Transportation Commission under Section 65-2-3 and 65-2-11, Mississippi Code of 1972, as amended, shall be assessed equally to the parties in dispute. If appeal is take…

Either party may appeal from an order of the Board within fifteen (15) days from the date of filing the order with Clerk of the Circuit Court. Appeal shall be by petition to the Circuit Court of any county in which the contractor operates or has an office or place of business. Th…

A. Form AB 2 B. Form AB 3 Notes 37 Miss. Code. R. 401-5.9 Miss. Code Ann. § 65-2-5

Section 31-19-5 of the Mississippi Code of 1972 Annotated, as amended, authorizes the State Treasurer to promulgate rules regarding alternative methods of investment of any funds received from the sale of bonds, notes, or certificates of indebtedness heretofore or hereafter sold …

The purpose of this investment policy is to regulate and provide guidelines for entities authorized by law to issue bonds, notes or certificates of indebtedness, regarding alternative methods of investment of funds received from the issuance of bonds, notes, or certificates of in…

Any funds received from the sale of bonds, notes or certificates of indebtedness heretofore or hereafter sold by an Issuer, which are not immediately required for disbursement for the purpose for which issued ("Bond Funds"), may unless otherwise prohibited by law be invested by t…

A. Investments in the form of direct United State Treasury obligations, United States agency obligations, certificates of deposit or repurchase agreements must mature or be redeemable by the holder on or prior to the date upon which funds will be required for disbursement. B. Exc…

Direct United State Treasury obligations and United States Government Agency obligations must be purchased from qualified depositories of the State of Mississippi or registered Mississippi investment brokers who are members in good standing of or eligible for membership in the Na…

This regulation is subject to, and in no way effects the applicability of Section 148 and other provisions of the Internal Revenue Code of 1986 and regulations promulgated thereunder relating to the investment of funds derived from the sale of bonds, notes or certificates of inde…

This regulation shall not be construed to in any way amend or repeal the specific provisions of any general or local and private laws requiring or permitting the investment of funds received from the sale of bonds, notes or certificates of indebtedness of reserve funds related th…

The adoption of rules is necessary for selection of an institution to handle foreign currency acquisition and distribution for the Department of Economic and Community Development. Pursuant to § 25-43-7 and § 25-43-9 Mississippi Code of 1972, annotated, the Office of the Treasure…

The following criteria are required, as a minimum, for a banking institution to qualify as a foreign financial institution selected to support the foreign currency investment requirements allowed under § 27-105-33(l), Mississippi Code of 1972, annotated: A. Reported assets of not…

All foreign financial institutions qualifying under the above requirements shall indicate to the State Treasurer at 404 Sillers State Office Building, Jackson, MS 39201 such interest in entering into price contracts for the purchase or exchange of foreign currency and other arran…

Pursuant to § 25-43-9, Mississippi Code of 1972, Annotated, the State Treasurer intends to adopt Regulation No. 2 as a permanent rule, effective thirty (30) days after filing. Notes 38 Miss. Code. R. 1-2.4 Miss. Code Ann. § 27-105-33(i)(Rev. 1995), § 31-19-5 (Rev. 2007).

Mississippi Code Ann. Section 27-105-6 creates a public funds guaranty pool as an alternative means for securing public deposits. The purpose of these rules is to establish requirements for admission, participation and administration of the public funds guaranty pool as required …

Board Membership and Operations. A. Initial Board Membership 1. Banking Industry Representatives. Appointment of members in accordance with Section 27-105-6 shall be effective at the time such member is notified by the State Treasurer of such appointment. The Mississippi Bankers …

A. Application by Public Depository.1. Applications for Participation. To be considered for admission to the public funds guaranty pool, Financial Institutions maintaining a deposit-taking facility in this state whose accounts are insured by the Federal Deposit Insurance Corporat…

A. Collateral Pledge Level. A qualified public depository shall pledge eligible collateral having a market value not less than the average daily balance of public deposits held by the qualified public depository multiplied by the qualified public depository's collateral pledging …

A. Notice of Suspension to Qualified Public Depository. The Board may suspend or disqualify any qualified public depository for violation of any of the provisions of the Act or these rules. In the event that the State Treasurer becomes aware that a pool member no longer meets the…

A. Quarterly Reports1. Report Contents. Every qualified public depository shall file with the Treasurer on a quarterly basis reports as required by Section 27-105-6(7). The report shall be filed at the same time the quarterly Report of Condition is filed with the Federal Deposit …

A. Appointment of Trustee Custodians. Upon being designated as a qualified public depository, the qualified public depository shall appoint one or more trustee custodians for the deposit of eligible collateral by the qualified public depository. The appointment shall be made on a…

A. Voluntary Withdrawal 1. Voluntary Withdrawal Generally. A qualified public depository may withdraw from participation in the collateral pool by giving written notice to the State Treasurer, and to all public depositors having deposits at the qualified public depository. The no…

A. Priority for Multiple Losses. In the event a default or insolvency occurs to more than one qualified public depository, claims of public depositors shall have priority based on the date of the default or insolvency. Claims arising from a default or insolvency occurring earlies…

This Investment Policy Statement (IPS) for the General Fund of State of Mississippi, managed by the Office of the State Treasurer, operates pursuant to Miss. Code Ann. § 27-105-33. INTRODUCTION AND OVERVIEW The purpose of this Statement of Investment Policy is to identify and des…

The Mississippi Prepaid Affordable College Tuition (MPACT) Program was established as an agency and instrumentality of the State of Mississippi by the 1996 Mississippi Legislature as a Program to assist Mississippians in saving for some of the costs associated with a college educ…

An MPACT Contract may be purchased during a valid Enrollment Period. The Enrollment Period shall commence and terminate on dates set by the Board. Notes 38 Miss. Code. R. 2-10.1 Miss. Code Ann. § 37-155-9 (Rev. 2003).

Any individual desiring to enter into an MPACT Contract on behalf of a Qualified Beneficiary must submit a completed Application to the State Treasurer. The Application will be considered incomplete and will not be accepted unless it is accompanied by the Application Processing F…

Unless specifically exempted by the State Treasurer a Purchaser must name the Qualified Beneficiary in the MPACT Application at the time the Application is submitted. Only one (1) Qualified Beneficiary is allowed per MPACT Contract. The Purchaser does not have to designate the Po…

The MPACT Contract shall consist of the completed Application, the Master MPACT Contract, and the Participation and Payment Schedule. Additional documents, as described in Rule 6.1 U, will be incorporated into the MPACT Contract. Notes 38 Miss. Code. R. 2-11.1 Miss. Code Ann. § 3…

All requests by Contract Purchasers for a modification of the Contract provisions must be submitted in writing and must be accompanied by any written documentation which the State Treasurer may reasonably request and deem sufficient, along with all applicable Administrative Fees.…