10 Miss. Code. R. 201-2.9 - Access to Commission Records
A. Pursuant to the Mississippi Public Records Acts of 1983 (the "Act"), effective from and after July 1, 1983, the Commission hereby adopts the following standards and regulations with respect to such records as may be in its possession. Such standards and regulations are applicable to and shall govern the right to inspect, copy, reproduce, or obtain a reproduction of any public records in the possession of the Commission.
B. Except where prohibited by law, any person shall have the right to inspect or obtain reproductions of any public record of the Commission.
C. The right to inspect public records shall be invoked by a written request. Written notification of the time, place, and method of access shall be provided in accordance with section 25-61-5 of the Mississippi code.
D. Any person wishing to inspect or copy public records must make the request in writing to the Commission and must clearly identify the specific information sought. The request must specify whether the reproductions are to be mailed or received in person. Copies of public records will be available for a nominal fee. All requests should be dated and include the name of the requestor, address of the requestor, and current contact information for the requestor. Any response by the Commission for a request for access to records will be forwarded to the requesting party within seven (7) working days of the receipt of such request. If the Commission is unable to produce the requested record within seven working days after the request is made, a written explanation will be provided to the requestor(s) stating that the record will be produced and specifying with particularity why the record(s) cannot be produced within the seven-day period. In no event shall the date for the Commission's production of requested records be any later than fourteen (14) working days from receipt by the Commission of the original request, unless there is a mutual agreement between the parties.
E. Denial by the Commission of a request for access to or copies of public records shall be in writing and shall contain a statement specifying the denial. A file of all denials of requests for public records will be maintained by the Commission for a period of no less than three (3) years from the date such denials are made.
F. Recipient(s) will be assisted by a staff member at a charge not to exceed actual costs. Actual costs for search, review and/or possible redaction of information by a staff member will be based upon the hourly rate of compensation for the lowest paid agency employee qualified to perform the task and multiplied by the actual time utilized to complete the task. Recipient(s) will be charged fifteen cents per page for standard black and white photocopies. For all nonstandard photocopies, actual costs of reproduction will be assessed to recipient(s). Records will be available for inspection and copying by appointment during regular working hours, 8:00 a.m. - 5:00 p.m., Monday through Friday, holidays excluded.
G. Recipient(s) will submit a check or money order to the staff prior to receiving material. This amount must cover the actual cost of the staff member's assistance, copying fees, mailing fees, and/or any associated reproduction fees. Recipient(s) desiring information by mail will be charged actual mailing costs in addition to those costs set forth in Standard D.
H. Adequate space to inspect requested records will be provided at no cost, if available. Recipient(s) will be provided with requested records by a staff member but no more than one recipient at a time.
I. The provisions of section 2.9 do not apply to Mississippi government officials, state legislators, or state agencies.
Notes
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A. Pursuant to the Mississippi Public Records Acts of 1983 (the "Act"), effective from and after July 1, 1983, the Commission hereby adopts the following regulations and procedures with respect to such records as may be in its possession. Such rules and procedures are applicable to and shall govern the right to inspect, copy, or reproduce or obtain a reproduction of any public records in the possession of the Commission.
B. Except where prohibited by law, any person shall have the right to inspect or obtain reproductions of any public record of the Commission.
C. The right to inspect public records shall be invoked by a written request. Written notification of the time, place, and method of access shall be provided in accordance with section 25-61-5 of the Mississippi code.
D. Any person wishing to inspect or copy public records must make the request in writing to the agency and must clearly identify the specific information sought. The request must specify whether the reproductions are to be mailed or received in person . Copies of public records will be available for a nominal fee. All requests should be dated and include the name of the requestor, address of the requestor, and current contact information for the requestor. Any response by the Commission for a request for access to records will be forwarded to the requesting party within seven (7) working days of the receipt of such request. If the Commission is unable to produce the requested record within seven working days after the request is made, a written explanation will be provided to the requestor(s) stating that the record will be produced and specifying with particularity why the record(s) cannot be produced within the seven-day period. Absent a mutual agreement between the parties, in no event shall the date for the Commission's production of requested records be any later than fourteen (14) working days from receipt by the Commission of the original request.
E. Denial by the Commission of a request for access to or copies of public records shall be in writing and shall contain a statement of the specific exemption relied upon by the Commission for the denial. A file of all denials of requests for public records will be maintained by the Commission for a period of no less than three (3) years from the date such denials are made.
F. Recipient(s) will be assisted by a staff member at a charge not to exceed actual costs. Actual costs for search, review and/or possible redaction of information by a staff member will be based upon the hourly rate of compensation for the lowest paid agency employee qualified to perform the task and multiplied by the actual time utilized to complete the task. Recipient(s) will be charged fifteen cents per page for standard black and white photocopies. For all nonstandard photocopies, actual costs of reproduction will be assessed to recipient(s). Records will be available for inspection and copying by appointment during regular working hours, 8:00 a.m. - 5:00 p.m., Monday through Friday, holidays excluded.
G. Recipient(s) will deposit cash, check, or money order in escrow with the staff prior to receiving material. This estimated amount must be sufficient to cover the estimated cost of the staff member's assistance, copying fees, mailing fees, and/or any associated reproduction fees. Recipient(s) desiring information by mail will be charged actual mailing costs in addition to those costs set forth in subsection (d).
H. Adequate space to inspect requested documents will be provided at no cost, if available. Recipient(s) will be provided with requested documents by a staff member but no more than one recipient at a time.
The provisions of section 2.9 do not apply to government officials, state legislators, or state agencies.