18 Miss. Code. R. 22-1.1 - Authority and Purpose

A. The purpose of this policy is to establish the procedures the Mississippi Department of Human Services (MDHS) will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of MDHS and establish processes for both requestors and MDHS staff that are designed to best assist members of the public in obtaining such access.

B. "It is the policy of this state that public records shall be available for inspection by any person unless otherwise provided by this chapter; furthermore, providing access to public records is a duty of each public body and automation of public records must not erode the right of access to those records. As each public body increases its use of, and dependence on, electronic record keeping, each public body must ensure reasonable access to records electronically maintained, subject to records retention." Miss. Code Ann. § 25-61-2.

C. Adopted in compliance with the Mississippi Public Records Act of 1983, Miss. Code Ann. § 25-61-1 thru 25-61-19, and the Mississippi Ethics Commission's Model for Public Records Rules. All records and portions of records not exempt from disclosure will be made available in accordance with the procedures outlined below. The act and these rules will be interpreted in favor of disclosure.

D. "All public records are hereby declared to be public property, and any person shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of a public body in accordance with reasonable written procedures adopted by the public body concerning the cost, time, place and method of access, and public notice of the procedures shall be given by the public body." Section 25-61-5, Miss. Code of 1972.

E. The Act defines "public record" to include "all books, records, papers, accounts, letters, maps, photographs, films, cards, tapes, recordings or reproductions thereof, and any other documentary materials, regardless of physical form or characteristics, having been used, being in use, or prepared, possessed or retained for us in the conduct, transaction or performance of any business, transaction, work, duty or function of any public body, or required to be maintained by any public body." Section 25-61-3(b).

Notes

18 Miss. Code. R. 22-1.1

Miss. Code Ann. § 25-61-2, § 25-61-5, § 25-61-3(b) § 43-1-5(1) Revised: November 2020

Adopted 2/18/2017 Amended 3/1/2021