3 Miss. Code. R. 1-7-708 - Local/State Agency Use of Designated Address

1. An ACP participant may request that public bodies use the address designated by the Office of the Attorney General as the participants substitute address.

2. The ACP participant, and not the Office of the Attorney General, is responsible for requesting that any public body use the address designated by the Office of the Attorney General as the substitute address of the program participant. Mississippi Code Annotated § 99-47-1(4) (a).

3. If there is any criminal proceeding on behalf of the program participant, the program participant is also responsible for notifying any law enforcement agency and the district attorney's office of the persons participation in the program.

4. There shall be no responsibility on the part of any district attorneys office or any law enforcement agency to request that a public body use the substitute address.

5. Public bodies shall accept the address designated by the Office of the Attorney General as a program participants substitute address, unless the Office of the Attorney General has determined that: a. The public body has a bona fide statutory or administrative requirement for the use of the confidential address of the program participant; and b. The confidential address will be used only for those statutory and administrative purposes.

6. A public body requesting an exemption under Mississippi Code Annotated § 99-47-1(4) must provide the following in writing to the Office of the Attorney General:

a. The public bodys reason for requesting the exemption;

b. Identification of the statute or administrative rule which demonstrates the public bodys bona fide requirement and authority for the use of the confidential address of the program participant;

c. Identification and description of the specific record or record series for which the exemption is requested;

d. Identification of the individual(s) who will have access to the record;

e. An explanation of why the public body cannot meet its statutory or administrative obligations by a change in the public bodys internal procedures.

7. If the Office of the Attorney General determines that a public body has a bona fide statutory or administrative requirement for the use of a program participants confidential address and that the address will be used only for those statutory and administrative purposes, the Office of the Attorney General may issue a written exemption for the public body.

8. The Office of the Attorney Generals denial of a public bodys exemption request shall be made in writing and include a statement of the specific reason(s) for the denial.

9. A program participant may use the substitute address designated by the Office of the Attorney General as his or her work address.

10. The Office of the Attorney General shall forward all first-class, certified or registered mail to the program participant at the confidential address provided by the program participant. The Office of the Attorney General shall not be required to track or otherwise maintain records of any mail received on behalf of a program participant unless the mail is certified or registered.

11. A program participants confidential address, telephone number, and any other identifying information within the possession of a public body, as defined by Mississippi Code Annotated § 25-61-3, shall not constitute a public record within the meaning of the Mississippi Public Records Act of 1983. The program participants actual address and telephone number shall be confidential and no public body shall disclose the program participants address, telephone number, or any other identifying information.

Notes

3 Miss. Code. R. 1-7-708