Mississippi Administrative Code

Quarterly financial reports will be submitted for review and approval to AccelerateMS and the State Workforce Investment Board (SWIB) 45 days after the end of each quarter. Annual financial reports will be submitted to AccelerateMS and the SWIB 45 days after the end of the calend…

Meetings of the Mississippi Ethics Commission shall begin at 10:00 a.m. on the first Friday of each month and shall be held at the commissions office in the City of Jackson unless the commission, either at a regular meeting or by specially calling a meeting, sets another time, da…

The commission shall hold confidential sessions on all matters designated as confidential by the Ethics in Government Law, codified in Title 25, Chapter 4, Miss. Code of 1972. Only commission members, commission staff members, attorneys for the commission, witnesses or other pers…

It is the policy of the Legislature that public records must be available for inspection by any person unless otherwise provided by this act. Furthermore, providing access to public records is a duty of each public body and automation of public records must not erode the right of…

Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including e-mail) to the public records officer for a review of that decision. The petition must include a…

The Mississippi Ethics Commission interprets and enforces the Ethics in Government Law (Sections 25-4-1 through 25-4-119, Miss. Code of 1972.), the Open Meetings Act (Sections 25-41-1 through 25-41-17, Miss. Code of 1972.) and the Public Records Act (Sections 25-61-1 through 25-6…

Hours for inspection of records. Public records are available for inspection and copying during normal business hours of the Ethics Commission, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the offices of the Ethics Commissi…

A. Providing access. The Ethics Commission acknowledges that "providing access to public records is a duty" and that "any person shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction of any public record" in accordance with these policies. Secti…

Consistent with other demands, the Ethics Commission shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the…

Providing electronic records. When a requestor requests records in an electronic format, the public records officer will provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the public body and is generall…

The Public Records Act, as well as other statues and court decisions, provide that a number of types of documents are exempt from public inspection and copying. In addition, other statutes or rules of law, such as various privacy restrictions, may prohibit disclosure. Requestors …

When any person files or submits documents with the Ethics Commission which the filer contends are exempt from disclosure under the Public Records Act, the filer shall provide a written statement at the time of filing which shall describe the documents filed and which shall fully…

The Ethics Commission may require payment in advance for all costs before providing copies or access to records. A. Costs for paper copies. A requestor may obtain standard black and white photocopies for fifteen cents (15¢) per page. Before beginning to make the copies, the reque…

The purpose of this chapter is to set forth guidelines by which the Ethics Commission hearings on appeals by a Lobbyist or a Lobbyist's Client of civil penalties assessed by the Secretary of State's Office will be conducted and for preparing a record of said hearings. The followi…

The executive director of the Ethics Commission shall schedule a hearing upon receipt of a sworn application of a lobbyist or lobbyists client from the Secretary of States Office. The executive director shall fix a time and place for a hearing and shall serve upon the parties wri…

The hearing officer shall preside over the hearing; administer oaths; rule on procedural matters; and, maintain order and decorum. Ethics Commission members may attend the hearing to listen to all testimony and other evidence presented. The Ethics Commission shall determine what …

After conclusion of the hearing, the commission or hearing officer shall reduce its decision to writing and forward a certified copy thereof to the last known address of the parties by way of United States first-class, certified mail, postage paid. The cost of the preparation of …

Upon receiving a complaint, the executive director shall forward a copy of the complaint, via certified mail, postage prepaid to the head of the public body against which the complaint has been made. The public body shall have fourteen (14) days from receipt of the complaint to f…

The Commission hereby appoints the Executive Director or his designee chosen from a list preapproved by the Commission as hearing officer for all open meetings disputes within the Commission's jurisdiction pursuant to Title 25, Chapter 41 of the Mississippi Code of 1972. The hear…

Parties to proceedings governed by this rule may appear personally or through an attorney, except that a party must personally attend any hearing on the merits unless his attendance has been waived, in writing, by the hearing officer. When a party has appeared through an attorney…

The hearing officer may enter a scheduling order, or any such other order, that sets deadlines, conferences or hearings deemed necessary or appropriate by the hearing officer. Oral argument will not normally be granted. However, the hearing officer may grant oral argument on any …

The hearing officer shall have the power to issue subpoenas for testimony or documents. Subpoenas may be issued to parties upon request, but only for the following purposes: (A) To compel a non-party witness to appear and give oral testimony at any hearing scheduled under these r…

Prior to a hearing on the merits, the hearing officer may prepare a preliminary report and recommendation, including, if appropriate, proposed findings of fact and conclusions of law, based upon the record available to the hearing officer. The hearing officer shall file the preli…

Hearings shall be informal, and the Miss. Rules of Evidence while applicable, shall be relaxed. Nothing contained herein shall prohibit the hearing officer from entering orders or making rulings which provide for the orderly conduct of said hearings. The hearing officer may limit…

All findings of fact made by the hearing officer or the Commission shall be based upon the preponderance of the evidence. The hearing officer shall reduce all recommendations to writing and submit those recommendations to the Commission as described herein. Notes 21 Miss. Code. R…

The cost of the preparation of the record of the proceedings for purpose of an appeal from the decision of the Ethics Commission shall be assessed to the party filing the appeal. Notes 21 Miss. Code. R. 201-4.9 Section 25-41-15, Miss. Code of 1972.

As set forth in Section 25-61-13, Miss. Code of 1972, any person denied the right to inspect or copy public records may request an opinion of the Ethics Commission as to whether the public body is obligated to produce the records requested. The person shall attach to the request …

Upon receipt of the request, the executive secretary shall forward a copy of the request and any attached documents to the public official who denied the records request or failed to respond to it, as well as to the head of the public body involved, if they are separate persons. …

Whenever a dispute exists regarding access to public records, any confidentiality, privilege or exemption claimed by the responding public body or regarding any fees charged by the public body for the disclosure of public records, the burden of proof shall lie with the public bod…

In keeping with Section 25-61-13(1)(b)(ii), Miss. Code of 1972, the executive director or his designee are hereby authorized to mediate any dispute arising under the Mississippi Public Records Act. Notes 21 Miss. Code. R. 201-5.4 Section 25-61-13, Miss. Code of 1972.

Upon a finding that probable cause exists to believe a violation of law has occurred, the commission shall set a hearing on the matter and shall cause a written notice of the time and place of the hearing to be served upon the respondent at least sixty (60) calendar days prior to…

Pursuant to Section 25-4-107, Miss. Code of 1972, hearings shall be conducted according to the Mississippi Rules of Civil Procedure and the Mississippi Rules of Evidence. The Mississippi Rules of Civil Procedure applicable to these hearings are Rules 42, 43, 50, 52 and 53. Other …

If a respondent fails to testify in his own behalf or asserts a claim of privilege with respect to any question propounded to him, the hearing officer may infer therefrom that such testimony or answer would have been adverse to his case. If any person controlling, controlled by, …

Continuances shall not be granted by the hearing officer except for good cause shown. Notes 21 Miss. Code. R. 201-6.12 Sections 25-4-15, 25-4-17 and 25-4-107, Miss. Code of 1972.

Failure of a respondent to appear personally at a hearing on the merits without having obtained a waiver of appearance, shall constitute an admission of all matters and facts alleged against such respondent, and shall be deemed a waiver of the right to an evidentiary hearing. In …

All findings of fact made by the hearing officer shall be based upon clear and convincing evidence. The hearing officer shall reduce his recommendations to writing and submit those recommendations to the Commission. The hearing officer shall include written recommendations regard…

After conclusion of the hearing, the commission or any hearing officer appointed hereunder shall reduce its decision to writing and forward a certified copy thereof to the last known address of the respondent, the complainant and the executive director by way of United States fir…

The commission may appoint a hearing officer to rule on procedural matters, issue subpoenas, conduct any hearing, administer oaths as may be necessary for the proper conduct of the hearing, or such other matters as ordered by the Commission. The hearing officer may direct the par…

Neither a respondent nor his or her representative shall communicate with the hearing officer directly or indirectly in connection with any issue of fact or law related to a proceeding pending before the Commission, except upon notice and opportunity to all parties to participate…

Parties may appear personally or through an attorney, except that a party must personally attend any hearing on the merits unless his attendance has been waived, in writing, by the hearing officer. When a party has appeared through an attorney, service of all notices, motions, or…

The hearing officer may enter a scheduling order that sets deadlines, conferences or hearings, deemed necessary or appropriate. The hearing officer may rule on any motion without consulting the parties and without granting oral argument. Notes 21 Miss. Code. R. 201-6.5 Sections 2…

Subject to the exceptions set forth below, if either party requests discovery, the party opposite must disclose and permit the requesting party to inspect, copy, test, and photograph upon written request and without the necessity of an order by the hearing officer the following w…

Pursuant to the commission's authority granted in Section 25-4-19, Miss. Code of 1972, the hearing officer shall issue subpoenas, including subpoenas duces tecum, upon the request of a party, in accordance with these rules. Subpoenas may be issued only for the following purposes:…

Pursuant to the commissions authority granted in Section 25-4-19, upon motion by a party or by a person to whom a subpoena is directed, or from whom documents or testimony is sought, the hearing officer may enter a protective order quashing or modifying the subpoena for good caus…

All motions shall be in writing, unless made during a hearing. A motion shall state with particularity the grounds therefore, shall be supported by a memorandum of authorities, and shall set forth the relief or order sought. Every written motion shall be filed with the hearing of…

As set forth in Section 25-4-17, Miss. Code of 1972, any written opinion of the executive director shall be based upon prior opinions issued by the commission or reported court decisions of Mississippi courts, are not binding on the commission, shall not be published, and shall b…

The executive director is hereby authorized to issue written opinions as set forth in Section 25-4-17, Miss. Code of 1972, and in these rules. The executive director may issue written opinions, in his discretion, when the circumstances presented by the requestor are such that awa…