Mississippi Administrative Code

Public participation shall be permitted at oral proceedings in accordance with the following: A. At an oral proceeding on a proposed rule, persons may make statements and present documentary and physical submissions concerning the proposed rule. B. Persons wishing to make oral pr…

Physical and Documentary Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the commission, part of the rulemaking record, and are subject to the commission's public records request proc…

The Ethics Commission administers and enforces the Ethics in Government Law, codified as Sections 25-4-1 through 25-4-119, Miss. Code of 1972, and related authorities. The Commission's three primary roles within the Ethics Law are to receive Statements of Economic Interest for fi…

The commission shall annually elect one (1) member to serve as chairman of the commission, one (1) member to serve as vice chairman and one (1) member to serve as secretary. The vice chairman shall act as chairman in the absence or upon the disability of the chairman or in the ev…

Contact information for the Ethics Commission is provided at www.ethics.state.ms.us [File Link Not Available]. Notes 21 Miss. Code. R. 201-9.3 Section 25-43-2.104, Miss. Code of 1972.

The purpose of this rule is to describe the organization of the Mississippi Tort State Board (hereafter referred to as MTCB) and how the public may obtain information from the Board as required by Section 25-43-2.104(a) of the Mississippi Code of 1972, as amended. Notes 21 Miss. …

This rule establishes a description of the MTCB'S organization which states the general course and method of its operations, including how the public may obtain information or make submissions/requests to the MTCB. Notes 21 Miss. Code. R. 301-1.2 Miss. Code Ann. §§ 25-43-2.104(a)…

The public may obtain a description of the MTCB'S organization from the Guidelines and Regulations of the MTCB currently on file with the Secretary of State. Additionally, the public may access information relevant to the MTCB at their websitewww.dfa.state.ms.us, or by reviewing …

Section 11-46-17(4), Mississippi Code of 1972, as amended, provides: "Any governmental entity of the state may purchase liability insurance to cover claims in excess of the amounts provided for in Section 11-46-15 and may be sued by anyone in excess of the amounts provided for in…

The Board adopts the exclusions and limitations contained in the current version of ISO Commercial General Liability Form (1988), and the Business Auto Liability Policy CA0001, 11/88 Edition, to be applicable to the Tort Claims Fund operated by the Board for state agencies. Notes…

These rules shall govern hearings before the Board on the adequacy of a plan of coverage or any other issue. A. The Board, in its discretion, may hold a hearing upon its own motion or upon the timely written request for a hearing by a state agency, political subdivision, or any o…

Upon good cause shown, the Board shall have the authority to grant such exemptions and exceptions to these regulations as needed in the opinion of the Board to implement Section 11-46-1 et seq. of the Mississippi Code of 1972, as amended, effectively and efficiently in the best i…

The Board hereby delegates to the Claims Manager the authority to dispose of all salvage obtained in the settlement or payment of any tort claim at fair market value by such means and upon such terms as the Claims Manager may think best. Provided, however, that prior to any sale …

The Board shall have the discretionary authority to participate with willing claimants in voluntary non-binding mediation of tort claims against state agencies. The Board shall participate in any mediation ordered by a court pursuant to the mediation rules adopted by the Mississi…

It is the stated position of the Mississippi Tort Claims Board as spread upon its minutes of the March 10th, 2005, Board meeting that Mississippi is and has always been, since the beginning effective date of the Tort Claims Act, a "single occurrence" jurisdiction and that notwith…

The Board shall have the authority to pursue judicial enforcement of the requirements of Section 11-46-1 et seq. of the Mississippi Code of 1972, as amended, and these regulations in any court of competent jurisdiction; and, take all other reasonable and necessary actions to carr…

The Purpose of this rule is to inform the public of all informal proceedings available to the public as required by Section 25-43-2.104(b) of the Mississippi Code of 1972, as amended. Notes 21 Miss. Code. R. 301-2.1 Miss. Code Ann. §§ 25-43-2.104(b); 11-46-19(q)

This rule establishes information on all MTCB proceedings. A. All information as to the rules of practice concerning all formal and informal proceedings is available by reviewing the rules and regulations of the MTCB currently on file with the Secretary of State. Further informat…

These sections set forth MTCB'S procedures for involving the public in the development of rules through public meetings and/or public hearings as required by Mississippi Code § 25-43-3.104. Notes 21 Miss. Code. R. 301-3.1 Miss. Code Ann. §§ 25-43-31.04; 11-46-19(q)

A. At the time a Rule is filed with Secretary of State, the Administrator must also publish where written submissions or written requests for an opportunity to make oral presentations on the proposed rule may be inspected or submitted. B. A public hearing is required if, during t…

A. Public hearings shall be held at a place and time generally convenient for persons affected by the rule. Notes 21 Miss. Code. R. 301-3.3 Miss. Code Ann. §§ 25-43-2.104(b); 11-46-19(q)

A. Public Hearings must be open to the public . B. The Administrator will preside at the proceeding. C. The Administrator may issue rules for conduct of oral proceedings. Notes 21 Miss. Code. R. 301-3.4 Miss. Code Ann. §§ 25-43-2.104(b); 11-46-19(q)

A. A verbatim written transcript of the oral proceedings at each public hearing shall be produced by the Administrator. B. This material will be available for public inspection and copying as part of the Rule-Making Record. Notes 21 Miss. Code. R. 301-3.5 Miss. Code Ann. §§ 25-43…

These sections set forth the MTCB'S procedures regarding the requests for Declaratory Opinions, as required by § 25-43-2.103 of the Mississippi Code of 1972, as amended. Notes 21 Miss. Code. R. 301-4.1 Miss. Code Ann. §§ 25-43-2.103; 11-46-19(q)

Declaratory Opinions will be prepared by the Administrator and approved by the Tort Claims Board. Notes 21 Miss. Code. R. 301-4.2 Miss. Code Ann. §§ 25-43-2.103; 11-46-19(q)

Any person with a substantial interest in the subject matter may request the MTCB for a declaratory opinion by following the specified procedures. Notes 21 Miss. Code. R. 301-4.3 Miss. Code Ann. §§ 25-43-2.103; 11-46-19(q)

A. The MTCB will issue declaratory opinions regarding the applicability to specified facts of: 1. A statue administered or enforceable by the MTCB, 2. A rule promulgated by the MTCB, or 3. An order issued by the MTCB. B. The MCTB will not issue a declaratory opinion regarding a s…

A. The MTCB may, for good cause, refuse to issue a declaratory opinion. Without limiting the generality of the foregoing, the circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: 1. The matter is outside the jurisdiction of t…

A. Written Requests Required. Each request must be printed or 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). Requests may be in the form of a letter addressed to the MTCB or in the…

A. MTCB'S Response. Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the MTCB shall in writing: 1. Issue an opinion declaring the applicability of the specified statute, rule, or order to the…

A. The Administrator will make declaratory opinions and requests for declaratory opinions available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by name and subject. Declaratory…

These sections set forth the procedures for making the MTCB Orders available to the public as required by § 25-42-2.102 of the Mississippi Code of 1972, as amended. A. The Administrator shall be responsible for making them available for public inspection and copying indexed by na…

A. Officers and Authority: The presiding officer of the Board shall be a Chairman appointed by the Governor subject to the advice and consent of the Senate to serve at the will and pleasure of the Governor. A Vice-Chairman shall be elected by the membership of the board by majori…

A. Standing and Special Committees: The Board shall authorize such committees as it may desire and shall designate whether the same are standing or special. The Authority shall specify the jurisdiction and scope of such standing committees by resolution upon the minutes. Special …

The Board shall collect fees for searching, reviewing and/or duplicating public records, together with the cost of mailing, if applicable. The amount charged shall be determined by estimating to the nearest quarter hour the time required for the Administrative Secretary to search…

Pursuant to Section 11-46-17(3), Mississippi Code of 1972, as amended, the Tort Claims Board adopts the following regulations respecting the policy or policies of insurance, the requirements for self-insurance reserves, the requirements for pooling agreements and contracts betwee…

The Mississippi Tort Claims Board (the Board) was established pursuant to HB 417, Regular Session 1993, and Section 11-46-1 et seq. of the Mississippi Code of 1972, as amended. Section 11-46-17(3) requires that "All political subdivisions shall, from and after October 1, 1993, ob…

A. ADEQUATELY ICED -The amount and application of the ice is sufficient to ensure that immediate cooling begins and continues for all shellfish. If ice slurry is used and the shellfish are submerged, the presence of ice in the slurry indicates adequate icing. B. ADULTERATED - Mol…

A. No procedure or guideline of the NSSP or ISSC, which is or may be in conflict with any provisions of Mississippi Code, has or will be applied or enforced by the MDMR. B. No procedure or guideline of the NSSP or ISSC, which is more stringent than any relevant federal regulation…

Nonresidents participating in molluscan shellfish related activities in the State of Mississippi must pay all fees and licenses set forth by the MDMR. This excludes the purchase of molluscan shellfish for personal consumption. Notes 22 Miss. Code. R. 1-03-3.2 MISS. CODE ANN. §§ 4…

A. The MDMR will maintain a management plan in accordance with the most current version of the NSSP Model Ordinance. This plan will include the classification of shellfish growing waters, the criteria for conditionally approved growing waters, the opening and closing criteria for…

A. The MDMR will set the opening date of oyster season on state-owned reefs in an opening order in accordance with the most current version of the NSSP Model Ordinance. The opening order will include:1. Opening date 2. Open molluscan shellfish growing areas 3. Check station locat…

A. Approved growing waters are areas where the growing and harvesting of shellfish for direct market is allowed by the MDMR Authority. B. Approved growing waters may be opened and closed to the direct harvest of shellfish by the MDMR Authority in accordance with the most current …

A. An area is considered conditionally approved when a sanitary survey of the area, conducted by an MDMR Authority, shows that the area meets the conditions of approved growing waters except under certain environmental conditions such as heavy rainfall or river stage. B. All moll…

A. All molluscan shellfish growing waters classified as restricted are closed to the direct harvest of shellfish. B. The MDMR may permit relaying or depuration operations of these areas after a sufficient study determines that the shellfish will depurate to the required levels wi…

All molluscan shellfish growing waters classified as prohibited are closed to the harvest of molluscan shellfish at all times. Notes 22 Miss. Code. R. 1-03-3.8 MISS. CODE ANN. §§ 49-15-15, 49-15-36, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-IV, II-VII, III-IV, IV-II Adopte…

All waters deemed unclassified by the MDMR are closed to the harvest of molluscan shellfish pending a sanitary survey of the area. Notes 22 Miss. Code. R. 1-03-3.9 MISS. CODE ANN. §§ 49-15-15, 49-15-36, 49-15-303, 49-15-304; NSSP Model Ordinance § II-IV Adopted 8/22/2021 Amended …