6 Miss. Code. R. 5-5.9 - Review of denials of public records

(a) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing to the public records officer for a review of that decision. The petition must include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.

(b) Consideration of petition for review. The public records officer must promptly provide the petition and any other relevant information to the Executive Director of MDA or his or her designee. For immediate consideration of the petition and either affirmation or reversal of the denial within two (2) business days following the MDA's receipt of the petition, or within such other time as the MDA and the requester mutually agree to.

(c) Opinion by the Ethics Commission. Pursuant to Section 25-61-13, if the MDA denies a requester access to public records, the requester may ask the Ethics Commission to review the matter. The Ethics Commission has adopted rules on such requests. They may be found at www.ethics.state.ms.us.

(d) Judicial review. Any person whose request for public records was denied may institute a suit in the Chancery Court of Hinds County, seeking to reverse the denial, as set forth in Section 25- 61-13.

Notes

6 Miss. Code. R. 5-5.9

Miss Code Ann. § 25-61-13

Adopted 12/26/2023