18 Miss. Code. R. 22-1.4 - Processing of public records requests - General
A.
Acknowledging receipt of request. Within seven (7) business days
of receipt of the request, the Public Records Officer will do one or more of
the following:
1) Make the records available
for inspection, copying, or release;
2) If copies are requested and payment of a
deposit for the copies, if any, is made or terms of payment are agreed upon,
send the copies to the requestor;
3) Provide a reasonable estimate of when the
records will be available;
4) If
the request is unclear or does not sufficiently identify the requested records,
request clarification from the requestor. Such clarification may be requested
and provided by telephone however, the clarification will be confirmed in
writing. The Public Records Officer Designee may revise the estimate of when
records will be available; or
5)
Deny the request.
B.
Failure to Respond Promptly. If MDHS does not respond in writing
within seven (7) business days of receipt of the request for records, the
requestor should contact the Public Records Officer to determine the reason for
the failure to respond.
C.
Timetable for Processing. All requests to examine, copy or obtain
public records will be approved or denied within fourteen (14) business days
after the request is received. Some documents could be exempt from disclosure
including records furnished to MDHS by third parties referred to below (See
Rule
1.7 Third Party Information). Some of
those requests require giving a 21 day period for third parties to seek a court
order protecting information which is proprietary in nature or
confidential.
D.
Inspection
of records.
1) Consistent with other
demands, MDHS 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, if any, he or
she wishes MDHS to copy or scan.
2)
The requestor must claim or review the assembled records within thirty (30)
days of MDHS's notification to him or her that the records are available for
inspection. MDHS will notify the requestor in writing of this requirement and
inform the requestor that he or she should contact MDHS to make arrangements to
claim or review the records. If the requestor or a representative of the
requestor fails to claim or review the records within the thirty-day period or
make other arrangements, MDHS may close the request and refile the assembled
records.
E.
Providing copies of records. After inspection is complete, the
Public Records Officer or Designee shall make any requested copies or arrange
for copying/ scanning.
F.
Providing records in installments. When the request is for a large
number of records, the Public Records Officer or Designee will provide access
for inspection and copying in installments, if he or she reasonably determines
that it would be practical to provide the records in that way. If, within
thirty (30) days, the requestor fails to inspect the entire set of records or
one or more of the installments, the Public Records Officer or Designee may
stop searching for the remaining records and close the request.
G.
Completion of inspection.
When the inspection of the requested records is complete and all requested
copies are provided, the Public Records Officer or Designee will indicate that
MDHS has completed a diligent search for the requested records and made any
located nonexempt records available for inspection.
H.
Closing withdrawn or abandoned
request. When the requestor either withdraws the request or fails to
fulfill his or her obligations to inspect the records or pay the deposit or
final payment for the requested copies, the Public Records Officer will close
the request and indicate to the requestor that MDHS has closed the
request.
I.
Later discovered
documents. If, after MDHS has informed the requestor that it has
provided all available records, MDHS becomes aware of additional responsive
documents existing at the time of the request, it will promptly inform the
requestor of the additional documents and provide them on an expedited
basis.
Notes
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