Mississippi Administrative Code

To qualify for funds under the program, a non-shelter human trafficking and/or commercial sexual exploitation victim service provider must meet each of the following minimum requirements: (a) Be incorporated and operating in the state of Mississippi or recognized by the Mississip…

The Fund Committee shall determine the minimum balance threshold for the Fund before publishing any Requests for Funding Applications. Once the minimum balance is accrued in the Fund, the Attorney General's Office will publish a Request for Funding Applications and an application…

The Fund Committee shall appoint a three (3) person panel to review all applications for funding. The panel shall consist of three (3) persons not currently serving on the Fund Committee. A board member or employee of a service provider applicant may not serve on the judging pane…

Each awardee shall be responsible for collecting certain data and submitting performance measure data to the Attorney General's Office periodically, no less than twice per fiscal year. The specific reporting requirements for each award shall be set by the Fund Committee and clear…

Any employee, contractor, volunteer or agent of a human trafficking shelter, commercial sexual exploitation shelter or victim services provider receiving funds under this program, or of any other entity in possession of information which would tend to identify a victim of human t…

A resident, employee, contractor, volunteer or agent of a human trafficking shelter, commercial sexual exploitation shelter or victim services provider receiving funds under this program shall not be required to disclose the street address or physical location of the shelter to a…

The Fund Committee, in its discretion, may establish further funding requirements for victim service providers, in addition to the minimum requirements set forth above. Notes 3 Miss. Code. R. 5-01-113 House Bill 1559 (2020 Legislative Session); Miss. Code Ann. Sections 97-3-54.10…

(a) An emergency assessment team shall be created for any child suspected to be a victim of human trafficking and commercial sexual exploitation. Pursuant to Miss. Code Ann. §43-263(2), "the team shall include, at a minimum: (a) an investigator certified by the Mississippi Human …

The Office of the Attorney General shall keep a list of all Certified Advocates for emergency assessment teams and may take such actions as necessary to recruit additional advocates when the number of Certified Advocates is low or lacking in certain geographic coverage. Notes 3 M…

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 4 Miss. Code. R. 1-1.1 Miss…

The Mississippi Constitution in Section 134 creates the Office of the State Auditor whose specific powers derive from the Mississippi Code of 1972, as amended, including Section 7-7-211 which grants specific duties and powers related to prescribing systems of accounting, budgetin…

(a) The duties of the Administrative Services Division include: responsibility for all personnel matters; processing of invoices, travel vouchers and purchase orders, as well as all activities related to procurement of equipment and supplies; billing of entities for services rend…

The Office of the State Auditor may be contacted to participate in formal and informal proceedings and related rule-making matters by mail, e-mail, or telephone, or in person during regular business hours utilizing the following contact information: State Auditor Office of the St…

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 4 Miss. Code. R. 1-2.1 Miss. Code Ann. § 25-43-1.101, et seq.

The Office of the State Auditor, 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 procedures and/o…

. Should the State Auditor 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 Office of the State Auditor must state in writing its rea…

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

The State Auditor 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 s…

The Office of State Auditor 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…

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 State Auditor's rule action proceedings, and to all persons who have submi…

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 4 Miss. Code. R. 1-3.1 Miss. Code Ann. §§ 25-43-2.103 to 25-43-2.105.

Any declaratory opinion issued by the Office of the State Auditor (OSA) shall not be binding or effective for any third party or person other than OSA and the person to whom the opinion is issued. It shall not, under any circumstances, be used as a precedent for any other transac…

The Office of the State Auditor 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 4 Miss. Cod…

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 4 Miss. Code. R. 1-3.12 Mi…

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 inclu…

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

The Office of the State Auditor 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…

All requests must be mailed, delivered or transmitted via facsimile to the Office of the State Auditor. They may also be submitted electronically via e-mail. No oral or telephone requests will be accepted for official opinions. Notes 4 Miss. Code. R. 1-3.5 Miss. Code Ann. §§ 25-4…

Written agency opinions prepared in response to this rule may be issued by the State Auditor or, with his authorization, by the Audit Department Director, or by the director of the division responsible for implementation of the statute, rule, or order. Within forty-five (45) days…

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 4 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 State Auditor may, in his discretion, withdraw or amend the declaratory opinion for any reason which is not ar…

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…

The Division of Financial and Compliance Audits currently has the responsibility for the following types of entity audits: Public School Districts, State Agencies, Local County Governments, Colleges and Universities. When audit planning and scheduling are completed, the section d…

When audit planning and scheduling are completed and it is determined that the Office of the State Auditor staffing levels in the respective sections will not provide for timely completion of the necessary audits, the section directors responsible for each of the audit types cite…

(a) Document proper feasibility and engineering studies where applicable.(1) Certify that a professional consultant performed the feasibility study and that the results of the feasibility study were conclusive to the effect that the project is viable. (2) Certify that a professio…

(a) With cooperation from the DFA, document the retirement of bonds process. (b) Document the amount paid in the bond retirement for economic cost/benefit analysis. (c) Should the bonds be retired before the indicated date, document the reason and any savings due to interest rate…

(a) Review and Include in permanent file legislative record, memoranda of understanding (MOU), any side agreements, business plans, applications, and any other information provided to MDA by project applicant related to project where funding is sought. (b) Include in permanent fi…

(a) Category A: Super Project External Management, External Oversight: These projects generally have external management and external oversight of construction in addition to MDA staff. (1) Submission and Approval of Invoices: (i) For a sample of invoices, document that the prope…

(a) As Provided in the Memoranda of Understanding: Project performance analysis of Construction Management will include elements defined and described in the MOU for each project, where available. (b) Recommendations in Addition to the Presented Activities of the Memoranda of Und…

(a) As provided in the Memoranda of Understanding: Final project analysis will include elements defined and described in the MOU for each project, where available. (b) Recommendations in Addition to the Presented Activities of the Memoranda of Understanding:(1) Upon the original …

Throughout the life of the project, it is essential to monitor the financial viability of the project company to ensure that the state will know either that the company will be able to fulfill its obligations to remain in business and thus maintain its level of employment in keep…

On at least an annual basis, a report outlining the general condition of the project should be issued outlining the operational, environmental and aesthetic aspects of the project's buildings, equipment and grounds. Such a report is useful in determining the proper expenditure of…

With cooperation of DFA and/or the State Treasurer's office, (a) Document the payment of debt for outstanding bonds related to the project. (b) Document that payments are being made by the State in a timely fashion and that provisions for these payments are included in the budget…

(a) On an annual basis, review project specific covenants, contractual requirements, Memoranda of Understanding and any side agreements and document the findings of these within the project's annual report. (b) Perform a review of the reserve fund to ensure that the terms of the …

Section 7-7-211(j) of the Mississippi Code of 1972, Annotated, states the Office of the State Auditor (OSA) shall be in compliance with its statutory requirements to audit certain local governmental entities when the audit is made from the report of any audit certified by a certi…