Mississippi Administrative Code

In accordance with the above cited statutes, any person who owns or operates a facility which, through misadventure, happenstance or otherwise, causes pollution necessitating immediate remedial or clean-up action shall be liable for the cost of such remedial or clean-up action an…

If the Responsible Party ("RP") is available at the site of a pollution event, or if MDEQ is able to communicate via telephone with the RP, then the RP shall make arrangements to pay the response contractor directly for necessary remedial or clean-up actions. If the RP is not ava…

This regulation is adopted as a rule to conform to the requirements of Section 25-43-2.104 of the Mississippi Code of 1972, Annotated as amended, regarding agency organization, method of operation, and where/how the public may obtain information. Notes 12 Miss. Code. R. 1-1.1 Mis…

The Mississippi Department of Finance & Administration (DFA) serves as the primary executive branch agency for fiscal management and maintenance of state facilities. DFA oversees the State's fiscal affairs and the implementation and control of the State's budget as promulgated by…

DFA is headed by an executive director who is appointed by and serves at the pleasure of the Governor. The appointment is made by the advice and consent of the Senate. The executive director may assign to deputy directors such powers and duties as deemed appropriate to carry out …

All requests for information must be submitted in writing and must clearly and specifically identify the information to be requested. Each request must include the full name, telephone number, and mailing address of the requester. The request may be mailed, delivered, or transmit…

This administrative procedure is adopted in accordance with the requirements of Section 25-43-1.101 et seq. of the Mississippi Code of 1972, as amended. Notes 12 Miss. Code. R. 1-2.1 Miss. Code Ann. § 25-43-1.101, et seq.

The MS Department of Finance & Administration, as required by Section 25-43-1.101 of the Mississippi Code of 1972, prior to the adoption, amendment or repeal ("rule action") of any rule that implements, interprets or prescribes law or policy or describes the organization and its …

Should the Executive Director of DFA determine that an emergency exists because of an imminent threat to the public, he or she may thereby invoke rule actions with fewer than twenty-five (25) days notice. In any such instances, the DFA must state in writing its reasons for doing …

Within the twenty-five (25) day notice period, any interested person may submit written data, views, arguments, or other comments for consideration by the DFA prior to adoption of any policy or procedure. Any written comment should refer to the docket number appearing in the head…

The DFA may invite interested persons to present their views orally at an informal hearing or participate in any procedure enabling those views to be adequately expressed. An oral proceeding will be conducted in the event that it is requested in writing by a political subdivision…

The DFA shall keep a rule action docket ledger in which the following shall be entered: (a) the docket number of each proposed rule action; (b) the date of the notice of the proposed rule action; (c) a short description of the proposed rule action; (d) a short description of the …

The rule file will contain documents which are public records and which are part of specific rule actions procedures, including: (a) notices of each proposed rule action; (b) written comments and summary of any oral comments received in the event that a hearing is conducted; (c) …

All timely comments will be considered in taking any final rule action. Copies of all final rule actions shall be provided to all persons who had made timely request for advance notice of the Office of the DFA's rule action proceedings, and to all persons who have submitted writt…

This regulation is adopted to conform to the requirements of Section 25-43-2.105 of the Mississippi Code of 1972, Annotated, as amended. Notes 12 Miss. Code. R. 1-3.1 Miss. Code Ann. §§ 25-43-2.103 to 25-43-2.105.

Any declaratory opinion issued by the DFA shall not be binding or effective for any third party or person other than DFA and the person to whom the opinion is issued. It shall not, under any circumstances, be used as a precedent for any other transaction or occurrence beyond the …

The DFA may give notice to any person, agency or entity that 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 12 Miss. Code. R. 1-3.11 Miss. Code…

The authority of persons to request and receive agency declaratory opinions does not affect the ability of any person authorized to request a legal opinion from the Attorney General under Section 7-5-25 of the Mississippi Code of 1972, as amended. Notes 12 Miss. Code. R. 1-3.12 M…

They will be maintained in comprehensive agency file indexed by name and subject. The file will not include any information deemed to be confidential by statute or exempt from public disclosure as a result of another provision of law. All declaratory opinions and their respective…

Any person with direct substantial interest may make a written request for a declaratory opinion as to the applicability to specific circumstances of a statute, rule, or order administered by the agency or within its primary jurisdiction. The term "substantial interest" will incl…

The DFA will issue declaratory opinions regarding the application of specified facts to: (1) a statute administered or enforceable by DFA or (2) a rule it has promulgated. The agency will not issue a declaratory opinion regarding a statute or rule which is outside the primary jur…

The DFA may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are limited to: (a) lack of clarity concerning the question presented; (b) pending or anticipated litigation, administrative action,…

All requests must be mailed, delivered or transmitted via facsimile to the DFA. They may also be submitted electronically via e-mail. No oral or telephone requests will be accepted for official opinions. Notes 12 Miss. Code. R. 1-3.5 Miss. Code Ann. §§ 25-43-2.103, 25-43-2.105.…

Written agency opinions prepared in response to this rule may be issued by the Executive Director of DFA or by a Deputy Executive Director, with his authorization, by the DFA, or by the director of the division responsible for implementation of the statute, rule, or order. Within…

A copy of all opinions prepared in response to a written request for a declaratory opinion must be mailed within three (3) business days of issuance to the requesting person. Notes 12 Miss. Code. R. 1-3.7 Miss. Code Ann. §§ 25-43-2.103, 25-43-2.105.

A declaratory opinion shall not become final until the expiration of thirty (30) days after the issuance of the opinion. Prior to the expiration of thirty (30) days, the DFA may, in his discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or…

When any person making a request receives a declaratory opinion, to the extent that the facts provided in the request apply to the actual situation, the agency will take no civil or criminal action against that person acting in the same circumstances, who, in good faith follows t…

Within the Mississippi Department of Finance and Administration, certain eligible independent colleges and universities may apply for reimbursable grants to make necessary investments in water, wastewater, stormwater, broadband and other eligible infrastructure projects to be fun…

Within the Mississippi Department of Finance and Administration, certain eligible independent schools may apply for reimbursable grants to make necessary investments in water, wastewater, stormwater, broadband and other eligible infrastructure projects to be funded by the Legisla…

BEAM is an Office within the Department of Finance and Administration established by the Mississippi Legislature in Section 3 of the Broadband and Accessibility of Mississippi (BEAM) Act ("BEAM Act"), 2022 Miss. Laws, Ch. 397 (H.B. No. 1029). (1) BEAM was established for the purp…

General information regarding BEAM, including contact information, is available at the BEAM website: www.beam.ms.gov. Notes 12 Miss. Code. R. 12-1.2 Miss. Code Ann. §25-43-2-104; 2022 Miss. Laws, Ch. 397 (H.B. No. 1029) Adopted 12/7/2022

BEAM has authority under the BEAM Act to develop rules and procedures as necessary to implement broadband grant programs. Such rules will be adopted in accordance with the procedures required under the Mississippi Administrative Procedure Law, Miss. Code Ann. § 25-43-1.101 et seq…

In these rules (Title 12, Part 12), the following definitions apply: (1) "Applicant" means an eligible broadband service provider that has authorization to do business in this state and has demonstrated that it has the technical, financial and managerial resources and experience …

The goal of the State and BEAM is to use sources within the BEAM Fund to provide connectivity for as many Mississippians as possible by expanding accessibility of broadband service within the state. Notes 12 Miss. Code. R. 12-2.1 2022 Miss. Laws, Ch. 397 (H.B. No. 1029) Adopted 1…

The BEAM Fund Grant Programs will provide grants in different categories to provide opportunities for the variety of circumstances, subscribers, and providers in Mississippi. The categories existing as of the time of the adoption of this rule are as discussed herein. Any addition…

All categories of the BEAM Fund Grant Programs share the following requirements: (1) Limited to projects in locations in which at least 80 percent of the residences, businesses, and community institutions are without access to broadband service as defined in Rule 1.4(2); (2) Down…

Entities eligible for funding in these categories shall be those as defined in the Federal Guidance for the Coronavirus Capital Project Funds §1(A) or other applicable federal law that also meet the definition of an applicant as set forth in the BEAM Act § 2(a) and in these rules…

All areas in Mississippi without broadband service as defined in Rule 1.2(4) are eligible for funding under the BEAM Fund Grant Programs in the categories provided in Rule 2.2(1)-(4). No final award will be made if the proposed project includes an area where broadband is currentl…

BEAM will provide on its website: advance notice of the date any application window will be opened for acceptance of applications; the date that any application window will be closed; an application form for the grant in question; and the scoring criteria to be used by BEAM in re…

Grant applications must be submitted electronically through BEAM's online grant portal, the link of which will be on BEAM's website at www.beam.ms.gov. Notes 12 Miss. Code. R. 12-3.2 2022 Miss. Laws, Ch. 397 (H.B. No. 1029) Adopted 12/7/2022

Each applicant will be required to provide the following information: (1) The location of the project by use of a shapefile and, if required, address level location data; (2) The type and amount of broadband infrastructure to be deployed for the project, including the amount the …

Applications will be competitively scored using the rubric of requirements published on the BEAM website prior to the opening of the application window. Notes 12 Miss. Code. R. 12-4.1 2022 Miss. Laws, Ch. 397 (H.B. No. 1029) Adopted 12/7/2022

After the closing of the application window, the Office will review all applications thoroughly and expeditiously. In conducting this review, the Office shall consider the following guidelines and factors: (1) Funds for the grant programs must only be used by applicants for proje…

The Office may seek additional information or clarification from an applicant during the initial review process if the Office determines such is necessary for an informed review of an application. An applicant's refusal to provide such information will be a basis for denial of th…

After its initial review is completed, BEAM will publish on its website: the identity of each application project receiving a preliminary determination; the proposed geographic broadband service area for each application that receives a preliminary determination illustrated by a …

For a period of thirty (30) days following the publication of the preliminary determinations on BEAM's website, BEAM shall accept comments or objections concerning the preliminary determinations. Said comments or objections should be submitted in writing to BEAM (email is accepta…

The Office will investigate all comments and objections received, and the findings from those investigations will be considered in determining whether an applicant is eligible for a final determination and award. A final determination and award shall not be made to an applicant i…