Mississippi Administrative Code

1. Local Business Enterprise - A resident contractor determined by the utility to be qualified to furnish goods and services to the utility and placed on the utility's "Hire Mississippi" list pursuant to Section 103 below. 2. Nonresident Contractor - A prime contractor or subcont…

The utility shall actively seek out opportunities to identify and assist potential resident contractors in order to expand the utility's contracting source pool within the state of Mississippi. The utility shall help enable contracting relationships with resident contractors by e…

The utility shall maintain a "Hire Mississippi" list consisting of resident contractors determined by the utility to be qualified to furnish goods and services of the types described in Miss. Code Ann. § 77-3-16. At least every three (3) months, the utility shall publish in a new…

When efficient or cost-effective, the utility shall unbundle and separate scopes and specifications to accommodate the inclusion of resident contractors in sourcing activities. Notes 39 Miss. Code. R. 1-30-104 Adopted 3/1/2018

In addition to the publication requirements of Section 103 above and Miss. Code Ann. § 77-3-16, the utility is encouraged to pursue any additional means of publication in trade journals, local newspapers, social media, or any other avenue available. Resident contractors who opera…

In any filing before the Commission requesting approval of a contract specified in Miss. Code Ann. § 77-3-16, the utility shall include all relevant information addressing compliance with this rule in the procurement process. In cases where nonresident contractors are used, the u…

In any case in which a resident contractor is unsuccessful in a bid on a contract which is awarded to a nonresident contractor, the utility shall, at the request of any unsuccessful resident contractor bidder, and only after the contract has been executed, provide general, non-co…

On March 1 of each year, the utility shall file a report with the Commission addressing compliance with this rule. The report shall include relevant and material information from the prior year, including proofs of publication, a copy of the utility's most recent "Hire Mississipp…

Upon request of the utility or by order of the Commission, a public hearing for discussion of the annual report may be held after it has been issued by the utility. The public hearing should protect confidential information including but not limited to the identity of the contrac…

The utilities shall be allowed to recover all prudently incurred incremental costs associated with compliance with this rule. Notes 39 Miss. Code. R. 1-30-110 Adopted 3/1/2018

The following rules set forth the organization and method of operation of the Mississippi Commission on Wildlife, Fisheries and Parks and the Mississippi Department of Wildlife, Fisheries and Parks. Notes 40 Miss. Code. R. 1-1.1 Miss. Code Ann. §§ 25-43-2.104, 49-1-29, and 49-4-4…

A. The Mississippi Commission on Wildlife, Fisheries and Parks is a five (5) member commission consisting of members appointed by the Governor, with the advice and consent of the Senate. Members are appointed from each of the five (5) Congressional districts as those Districts ex…

A. The Mississippi Department of Wildlife, Fisheries and Parks is an agency of the Executive Branch of Mississippi State Government. The Department is responsible for the enforcement of the wildlife, fisheries and natural resource conservation laws of the State of Mississippi and…

Commission meetings are held monthly at various sites around the state. Commission meetings are open to the general public and are conducted pursuant to the Mississippi Open Meetings Act and related laws. For information regarding the time and place of Commission meetings, please…

Any person wishing to appear before the Commission to make an oral presentation may do so by sending his or her request, in writing, to the Commission, in care of the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks at 1505 Eastover Drive, Jackson…

Persons attending a Commission meeting who may wish to comment on a topic appearing on the agenda for that meeting may request to be recognized during the "Public Comment" portion of the meeting. Such requests must be made to the Chairman, immediately prior to the meeting. Such r…

The following rules shall control public hearings and hearings within the jurisdiction of the of the Mississippi Commission on Wildlife, Fisheries and Parks (hereinafter referred to as the "Commission") and, the Mississippi Department of Wildlife, Fisheries and Park ("MDWFP"), re…

These rules govern the conduct of public hearings on proposed changes to existing Commission rules and regulations, and the contesting of proposed rules, as well as requests for the Commission to reconsider its decisions on the adoption of rules and regulations. Notes 40 Miss. Co…

Written comments on proposed rules and regulations, are encouraged and they may be submitted to the Executive Director of MDWFP or to the individual designated in the Administrative Procedures Law Filing Notice as the person to contact. If public hearings are conducted, written c…

For the purpose of these rules, "public hearing" means a hearing that is conducted by Commission and/or MDWFP prior to the adoption of a rule, regulation or action on a public notice and it does not refer to a regularly scheduled Commission meeting. Public hearings shall be condu…

If the determination is made to hold public hearings, then notification to the public shall be published in a newspaper having general circulation in the county or counties affected by the proposed rules, regulations or public notices. The Commission or Executive Director of MDWF…

A. Public hearings will be conducted at such times, locations and facilities selected by the MDWFP. Representatives of the Commission or employees of the MDWFP will preside over the public hearing. Prior to the commencement of the hearing, individuals in attendance will sign in o…

Persons desiring to contest the making of any rule, regulation or public notice, may do so by attending the public meetings on the proposed rule, regulation or public notice, and stating there the basis of their objection. Alternatively, persons opposed to proposed rules, regulat…

A. After the Commission has acted upon a rule, regulation or public notice, any party(ies) opposed to the rule, regulation or public notice, that complies with Section 7 above, may request reconsideration of the Commission's decision by filing a Petition for Reconsideration. The …

A. The following procedures shall govern formal hearings and requests for reconsideration. B. Any person, firm or corporation that has a license of permit suspended or revoked may request an evidentiary hearing within fourteen (14) days from the date of the Commission action. C. …

A. The Commission on Wildlife, Fisheries and Parks shall fix the time and place of such hearing and shall notify all parties thereto by certified mail. Individuals coming before the Commission may appear personally, by counsel, or both, produce witnesses and cross-examine witness…

The Commission on Wildlife, Fisheries and Parks is not authorized to issue subpoenas. Parties to an evidentiary hearing are responsible for assuring the attendance of their witnesses. Notes 40 Miss. Code. R. 1-4.3 Miss. Code Ann. §§ 25-43-2.104, 49-1-29, and 49-4-4.

A. Direct testimony of each witness to be relied upon during the hearing shall be pre-filed with the Commission on Wildlife, Fisheries and Parks and copies of the same shall be mailed to all parties seven (7) days prior to the hearing, except that in the discretion of the Commiss…

These rules set forth the Mississippi Department of Wildlife, Fisheries and Parks (hereinafter "MDWFP") rules governing the form and content of requests for declaratory opinions, and the MDWFP's procedures regarding the requests, as required by Miss. Code Ann. § 25-43-2.103. Thes…

A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the MDWFP may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or…

The MDWFP may give notice to any person, agency or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from other persons, agencies or other entities other than the requestor. Notes 40 Miss. Code. R. 1-5.11 Miss. C…

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the MDWFP's public records request procedure. All declaratory opinions and requests shall be indexed by name and subject. …

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

Any person with a substantial interest in the subject matter may request a declaratory opinion from the MDWFP by following the specified procedures. "Substantial interest in the subject matter" means: an individual, business, group or other entity that is directly affected by the…

The MDWFP will issue declaratory opinions regarding the applicability to specified facts of: (1) a statute administered or enforceable by the MDWFP or (2) a rule promulgated by the Commission. The MDWFP will not issue a declaratory opinion regarding a statute or rule which is out…

The MDWFP 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. lack of clarity concerning the question presented; B. there is pending or anticipated litigatio…

Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the MDWFP, in care of the Executive Director. No…

All requests must be mailed, delivered or transmitted via facsimile to the MDWFP, at its principal place of business being 1505 Eastover Drive, Jackson, Mississippi 39211, or by facsimile to (601) 432-2024. The request shall clearly state that it is a request for a declaratory op…

Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, who shall attest that the request complies with the requirements set forth in these rules, including but not limited to …

Each request shall contain the following: A. a clear and concise statement of all facts on which the opinion is requested; B. a citation to the statute or rule at issue; C. the question(s) sought to be answered in the opinion, stated clearly; D. a suggested proposed opinion from …

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the MDWFP shall, in writing: A. issue a declaratory opinion regarding the specified statute or rule as applied to the specified circumstances;…

The following rules and procedures whereby public records of the Commission and/or Department of Wildlife, Fisheries, and Parks, except those that may be specifically exempt by law, may be made available to any person who makes a request to view, examine, and/or obtain copies of …

A. Any entity or person desirous of obtaining an easement, right-of way or other access over, on or across lands controlled by the Mississippi Commission on Wildlife, Fisheries and Parks, must submit his or her request, in writing, to the Commission, in care of the Executive Dire…

It is the policy of the Commission that a perpetual easement may only be granted to a sister agency of state government, counties or municipalities. A perpetual easement may be granted to a public utility, where indicated. Notes 40 Miss. Code. R. 1-7.2 Miss. Code Ann., §§ 49-1-29…

It is the policy of the Commission in response to a request for access from an individual - where the request is made to allow the individual to access his or her property that is contiguous, or otherwise closely situated, to the state lands - to grant that individual a surface u…

Public Notice No. 3366 is hereby amended. A. In order to become a license agent an applicant must:1. Submit an individual faithful performance bond in the minimum amount of $5,000.00. The amount of said bond may be increased in multiples of $5/000.00 should any audit of the agent…

Public Notice No. 2471 is hereby amended. The Department of Wildlife, Fisheries, and Parks shall have the authority to audit license agents and employees of the Department at any time during the fiscal year. Such audit shall be conducted at any reasonable time. In addition to any…