Mississippi Administrative Code

Any person with a substantial interest in the subject matter may make a request to the DBCF for a declaratory opinion by following the specified procedures. The term 'substantial interest in the subject matter' as used in this chapter means: that a party is directly affected by t…

The DBCF will issue declaratory opinions regarding the application of specified facts to: (1) a statute administered or enforceable by the DBCF, (2) a rule promulgated by the DBCF, or (3) an order issued by the DBCF. Notes 5 Miss. Code. R. 4-3.3 Miss. Code Ann. § 25-43-2.105 (Rev…

The DBCF 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: 1. The matter is outside the primary jurisdiction of the DBCF; 2. Lack of clarity concerning the qu…

All requests must be mailed or delivered to the DBCF. The request and its envelope shall clearly state that it is a request for a declaratory opinion. No oral and telephone requests will be accepted for official opinions. Submit request to the following address: Mississippi Depar…

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, unless represented by an attorney, in which case the attorney may sign the request. The signing party shall attest that …

Each request must contain the following: 1. A clear identification of the statute or rule at issue 2. The question for the declaratory opinion 3. A clear and concise statement of all facts relevant to the question presented 4. The identify of all other known persons involved in o…

A request may contain an argument by the requestor in support of the terms of the proposed opinion suggested by the requestor. The argument may be submitted in the form of a memorandum of authorities, containing a full discussion of the reasons and any legal authorities, in suppo…

Written agency opinions prepared in response to this rule may be issued by the Commissioner, or with her authorization, by the Deputy Commissioner, or by the director of the division responsible for implementation of the statute, rule or order. Within forty-five (45) days after t…

Each person has a right to inspect and reproduce any public record on file in the offices of the Mississippi Department of Banking and Consumer Finance ("DBCF"), except those records expressly exempted by statute (including but not limited to § 81-1-89 of Mississippi Code of 1972…

The following terms have been defined for purposes of this policy. Public Record: A public record shall mean any book, record, paper, account, letter, map, photograph, film, card, tape, recording or reproduction thereof, and any other documentary material, regardless of physical …

Access to all non-exempt records of the DBCF that have been properly requested, deemed subject to disclosure under the Public Records Act, and for which applicable cost payment has been made will be allowed at a scheduled time during regular business hours (8:00 to 5:00 on workin…

All requests to examine, copy or obtain public records, shall be in writing utilizing the standard Request for Public Records form, a copy of which is attached hereto as Exhibit A to these rules and is provided at www.dbcf.ms.gov. The request must identify the records, with parti…

Any person desiring copies of public records as defined in the Public Records Act, shall be entitled to obtain mechanically reproduced copies at a charge of fifteen cents ($.15) per page, which represents the actual cost of such reproduction. The costs for searching, reviewing, d…

Records furnished to the DBCF by third parties, which may contain trade secrets or confidential commercial or financial information, will not be released until reasonable notice to the third parties has been given. For the purpose of providing advance notice to submitters of trad…

Any record expressly exempt from the Public Records Act or any record specifically declared to be exempt, confidential, or privileged by any other Mississippi statute, constitutional provision, or judicial order or directive, shall not be subject to inspection and copying. Those …

Denials shall contain the specific reasons for the denial. Copies of all denials shall be maintained on file by the DBCF for not less than three years from the date denial is made. Petition for Internal Administrative Review of Denial: Any person who objects to the initial denial…

A company must qualify as an at-risk industry to receive assists under the Job Protection Program. An at-risk industry ("At-Risk Industry") is a company that has been operating in the State for not less than three (3) consecutive years. The company must have lost jobs or is at-ri…

Loan funds may be used for land, building and depreciable fixed assets. Loan proceeds may not be used for working capital, debt refinancing or rolling stock. Notes 6 Miss. Code. R. 1-1.2 Miss. Code Ann. § 57-9-1 (Rev. 2008)

Job Protection Program assistance maybe in the form of a grant, loan, or a loan and grant combination. However, the amount of grant, loan, or a loan and grant combination, shall not exceed fifty percent (50%) of the total cost of the project. The maximum grant amount is $200,000.…

The application to be submitted by a company must include: A. Documentation that the Company is an At-Risk Industry; B. The purpose of the proposed loan including a list of eligible items and the cost of each; C. Documentation on how the financing of the project will improve prod…

MDA may require additional information as needed. Two (2) copies of the application must be submitted. Notes 6 Miss. Code. R. 1-1.5 Miss. Code Ann. § 57-9-1 (Rev. 2008)

Based upon the terms and conditions established by MDA, MDA will prepare all security and loan documents, including but not limited to, the Loan Agreement and Promissory Note, (collectively "Loan Documents"). Prior to disbursement of any funds, all Loan Documents must be fully ex…

Loans and grants made under the Job Protection Loan Program are subject to audit by the State Department of Audit. Notes 6 Miss. Code. R. 1-1.7 Miss. Code Ann. § 57-9-1 (Rev. 2008)

These guidelines may be amended by MDA at anytime. MDA, in its discretion, may temporarily waive any requirement of the guidelines to the extent that the result of such waiver is to promote the public purpose of the Act and is not prohibited by State Law. Notes 6 Miss. Code. R. 1…

The purpose of this program is to promote industrial and other significant development in the State of Mississippi ("State") through the construction and/or improvement of highways in areas, which demonstrate actual and immediate potential for the creation, or expansion of major …

MDA will make disbursements on Highway Projects according to the following procedures: A. Construction by the Department of Transportation: (i). No cost incurred will be considered an eligible cost until the Highway Project is approved by MDA. (ii). Committed funds, in the form o…

Local Entity means one or more counties or incorporated municipalities in the State or a State-owned port located in a county bordering the Gulf of Mexico. Notes 6 Miss. Code. R. 1-10.2 Miss. Code Ann. § 65-4-1 etseq. (Rev. 2005)

A high economic benefit proj ect ("Company Project") is a proposed project by a company which meets one of the following capital investment criteria: A. Any new capital investment by a private company in land, building, depreciable fixed assets and improvements of at least fifty …

Private companies which are eligible for assistance under the Economic Development Highway Program ("EDH") are: A. Agricultural Enterprises. An enterprise which is engaged in business related to farming, agricultural endeavors or other related business and services supporting the…

Prior to submitting an application for assistance under the EDH Program, the Local Entity must receive a commitment from the Governor or MDA, and the type of construction regulations to be used must be identified. The Mississippi Department of Transportation ("MDOT"), MDA, the Of…

There are three options for Highway Project construction: construction by MDOT; construction by a Local Entity on a state designated highway; and construction by a Local Entity on a non-state designated highway. The application process and construction regulations for each are as…

The application should provide the following information: A. A description of the Highway Project. B. A certified resolution from the governing authorities of the Local Entity detailing the source and amount of funds which the Local Entity has committed, or is willing to commit, …

A. The engineering study should establish the proposed road design and alignment, and meet State Aid Road Construction Standards. The engineering study must provide a breakdown of all costs based on the design criteria. B. MDA will forward the application and engineering study to…

Upon approval of the application by MDA, if the Highway Project is a part of the designated state highway system, the maintenance after completion of the project shall be performed by MDOT. If the Highway Project is not part of the designated state highway system, the maintenance…

The Mississippi Tourism Rebate Program, administered by the Mississippi Development Authority (MDA) is a program designed to provide a Rebate to qualified Applicants of new tourism-oriented projects within the State of Mississippi. The Mississippi Tourism Rebate Program allows a …

All Mississippi Tourism Rebate Program documents may be obtained from MDA. The applicant must submit a completed application and a non-refundable application fee of $5,000 to MDA to initiate the review process. MDA will make a preliminary review of the application to determine if…

Upon determination that all program requirements are met, a Mississippi Tourism Rebate Program Certificate (Mississippi Tourism Rebate Program Certificate) will be issued. The provision of each Certificate will include: A. The amount of the approved project costs and the maximum …

Within three (3) months after the Completion Date, the Applicant must document the actual cost of the tourism project through a certification (Completion Certificate) of such costs by an independent certified public accountant or other independent party acceptable to the MDA. The…

After MDA receives the Completion Certificate and the actual project costs are confirmed, a Mississippi Tourism Rebate Agreement shall be executed between the applicant and MDA. Such agreement shall specify: A. The approved tourism project will not receive a rebate, if in any cal…

MDA will notify the Mississippi Department of Revenue of the approved tourism project through the issuance of the Mississippi Tourism Rebate Program Certificate. Upon full execution of the Tourism Rebate Agreement, MDA will provide a copy to the Department of Revenue and the Depa…

MDA shall determine, based on the Completion Certificate, the maximum amount of benefits the Applicant may receive. MDA shall make benefit payments in January and July of each year until the full credit is reached or for ten (10) years for projects approved on or before June 30, …

These guidelines may be amended by MDA at anytime. MDA, in its discretion, may temporarily waive any requirement of these guidelines to the extent that the result of such waiver is to promote the public purpose of the Act and is not prohibited by State laws. Notes 6 Miss. Code. R…

Additional information related to the program and these program guidelines may be obtained by contacting: Mississippi Development Authority Mississippi Tourism Rebate Program Financial Resources Division Post Office Box 849 Jackson, Mississippi 39205 (601) 359-3552 Notes 6 Miss. …

The following activities cannot be qualified as an eligible project for the Tourism Rebate Program: A. Expansions of any existing projects previously approved by MDA; B. Facilities that are primarily developed for retail sales that are not certified as a Resort Development by MDA…

In order to receive benefits under the Mississippi Tourism Rebate Program, an Applicant must meet the following requirements: A. The applicant must be a corporation, limited liability company, partnership, sole proprietorship, business trust or other legal entity authorized to do…

The actual costs incurred by the applicant may be included in the total costs that are required to meet Mississippi Tourism Rebate Program initial capital investment requirements. Eligible costs related to the following are allowed: A. Land acquisition; B. Construction; C. Engine…

Costs for advertising, marketing, inventory, or working capital are not included in calculating the capital investment. In no instance will costs related to gaming activities be treated as eligible project costs. Notes 6 Miss. Code. R. 1-11.6 Miss. Code Ann. § 57-26-1 et seq. (Re…