Mississippi Administrative Code

Records held and acquired in the administration of the Fund may be confidential information and privileged and are subject to the Mississippi Public Records Act of 1983. Notes 3 Miss. Code. R. 2-1-109 Amended 12/26/2024

If a payment or overpayment of benefits is made due to clerical error, mistaken identity, or innocent misrepresentation by or on behalf of the covered individual, the covered individual is responsible for repayment of the benefits received. Notes 3 Miss. Code. R. 2-1-110 Amended …

The filing of a false application for benefits (i.e., fraudulent, or false information is knowingly submitted and/or failure to disclose pertinent information) is unlawful. In addition to any criminal penalties, the Mississippi Attorney General's Office shall have a right to comm…

Notwithstanding any other provisions herein, no benefit payments shall be made unless adequate funds are available in the Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund. The State shall not be liable for a written order to pay compensation, except to th…

The covered individual's employer is responsible for completing the "Employment Information" section of the application for benefits. The employer is required to provide all necessary certification, wage information, doctor excuses and time missed as needed and requested by the F…

If the claim is denied for any reason, the applicant has the right to appeal within thirty (30) days of receipt of the letter denying benefits. The appeal process consists of two steps: reconsideration and a contested hearing. Reconsideration is intended to be an informal resolut…

If a covered individual returns to work based on his or her physician's recommendation in the application for benefits and it is later determined the employee is still unable to perform his or her duties, the covered individual may apply for a re-certification of benefits. The co…

These rules apply to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Office of the Attorney General pursuant to Mississippi Code Annotated § 25-43-3.104. Note…

The Office of the Attorney General will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule. Notes 3 Miss. Code. R.…

Each request must be printed, 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). Each request must include the full name, mailing address and telephone number of the requestor(s). Requ…

The date, time and place of all oral proceedings shall be filed with the Secretary of State's Office and notice mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State. Notes…

The Attorney General or his designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule. Notes 3 Miss. Code. R. 3-01-104

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 oral statements, documentary and physical submissions, which may include data, views, comments or arguments concerning the p…

The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall (a) call proceeding to order; (b) give a brief synopsis of the proposed rule, a statement of the statutory authorit…

The presiding officer, where time permits, and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relat…

Documentary and physical submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Office of the Attorney General, part of the rulemaking record, and are subject to the Office of the Attorn…

The Office of the Attorney General may record oral proceedings by stenographic or electronic means. Notes 3 Miss. Code. R. 3-01-109

This chapter consists of rules addressing the public's request for declaratory opinions and the Office of the Attorney Generals disposition of requests for declaratory opinions. This chapter sets forth the Office of the Attorney Generals rules governing the form, content and fili…

Any person with a substantial interest in the subject matter may make a request to the Office of the Attorney General for a declaratory opinion by following the specified procedures. "Substantial interest in the subject matter" as used in this chapter means a party that is direct…

The Office of the Attorney General will issue declaratory opinions regarding the applicability to specified facts of: (1) a statute administered or enforceable by the Office of the Attorney General, (2) a rule promulgated by the Office of the Attorney General, or (3) an order iss…

The Office of the Attorney General 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: 1. the matter is outside the primary jurisdiction of the Office of the Attorney Gener…

1. Each request must be printed, typewritten or in legible handwriting. Each request must be submitted on standard business letter size paper (8 1/2" by 11"). Requests may be in the form of a letter addressed to the Office of the Attorney General or in the form of a pleading as m…

1. Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Office of the Attorney General shall, in writing:a. issue an opinion declaring the applicability of the specified statute, rule, or ord…

1. The Office of the Attorney General 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. 2. The req…

1. If the Office of the Attorney General in its sole discretion deems a hearing necessary or helpful in determining any issue concerning a request for a declaratory opinion, the Office of the Attorney General may schedule such a hearing. Notice of the hearing shall be given to al…

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 and in accordance with the Mississippi Office of the Attorney General's public records request procedure. Decl…

The following rules are hereby adopted by the Attorney General by the authority granted in Mississippi Code Annotated, (hereinafter "the Act" or "this Act") codified in §§ 77-3-601 through §§ 77-3-619. These rules implement the provisions of the Act; and establish regulations, pr…

a. Any telephone solicitor shall apply for a certificate of registration from the Office of the Attorney General as a condition for doing business in this state. The certificate of registration shall be in a form as prescribed by the Attorney General. b. No person may act as a co…

The words defined in this section shall have the meaning set forth below, as prescribed by the Act, whenever they appear in these rules, unless the context in which they are used clearly requires a different meaning; or a different definition is prescribed for a particular chapte…

a. The telephone solicitor shall utilize the application form prescribed by the Office of the Attorney General as hereby adopted and incorporated herein by reference. All applications for a certificate of registration shall be submitted on forms authorized by the Office of the At…

These rules implement the provisions of the Act and establish regulations, procedures, and requirements for any "telephone solicitor", as defined in Section 102, doing business in the State of Mississippi. To promote the general welfare of the public and preserve the integrity of…

a. The Attorney General is authorized to issue any necessary rules and regulations in order to carry out the provisions of this Act. 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 a…

a. The Attorney General shall investigate any complaints received concerning violations of the Act. b. If, after investigating any complaint, the Attorney General finds that there has been a violation the Act, the Attorney General may bring an action to impose a civil penalty and…

a. In any civil litigation resulting from a transaction involving a violation of the Act, the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall receive his reasonable attorney's fees and costs from the nonprevailing party. b. The att…

Any telephone solicitor who makes an unsolicited telephonic sales call to a residential telephone number shall: Notes 3 Miss. Code. R. 4-03-300 Adopted 10/5/2018

An applicant for a certificate of registration shall provide to the Attorney General an original surety bond, issued by a corporate surety licensed to do business, and authorized to transact insurance in Mississippi. a. A surety bond in the penal sum of Seventy-five Thousand Doll…

a. Any person required by the Act to file a bond with an application for a certificate of registration may file, in lieu thereof, cash, a certificate of deposit, or government bonds in the amount of Seventy-five Thousand Dollars ($75,000). b. Such deposit is subject to the same t…

A contract made pursuant to a telephonic sales call is not valid and enforceable against a consumer unless made in compliance with § 77-3-607(2)-(5) of the Act. A contract made pursuant to a telephonic sales call shall: (i) Be reduced to writing and signed by the consumer. (ii) C…

A merchant who engages a telephone solicitor to make or cause to be made a telephonic sales call shall not make or submit any charge to the consumer's credit card account until after the merchant receives from the consumer a copy of the contract which complies with this section. …

The provisions of this section do not apply to a transaction: a. Made in accordance with prior negotiations in the course of a visit by the consumer to a merchant operating a retail business establishment which has a fixed permanent location and where consumer goods are displayed…

Telecommunications companies shall inform their customers of the provisions of the Act. The notification may be made by (a) Annual inserts in the billing statements mailed to customers; and (b) Conspicuous publication of the notice in the consumer information pages of the local t…

The provisions of the Act shall not apply to: a. A person engaging in commercial telephone solicitation where the solicitation is an isolated transaction and not done in the course of a pattern of repeated transactions of like nature. b. A person making calls for religious, chari…

In any civil proceeding alleging a violation of the Act, the burden of proving an exemption or an exemption from a definition is upon the person claiming it. Notes 3 Miss. Code. R. 4-03-308 Adopted 10/5/2018

The Office of the Attorney General is authorized to establish a program to fund victim service providers that offer shelter, counseling, medical needs, transitional housing and other related services to victims of human trafficking and commercial sexual exploitation at no charge …

There is created in the State Treasury a special fund to be known as the "Victims of Human Trafficking and Commercial Sexual Exploitation Fund. [Miss. Code Ann. § 97-354.11(1)] The monies in the fund shall be distributed by the Office of the Attorney General, upon appropriation b…

The Victims of Human Trafficking and Commercial Sexual Exploitation Fund ("Fund") is administered and regulated by the Office of the Attorney General and shall consist of: (a) Monies appropriated by the Legislature; (b) The interest accruing to the fund; (c) Monies received under…

Not more than ten percent (10%) of the monies from the Fund may be used for administrative expenses and other expenses related to carrying out the provisions of Miss. Code Ann. § 97-3-54.10 through § 97-3-54.13; however, the total amount used for administrative and related expens…