18 Miss. Code. R. 22-1.4

Current through December 10, 2024
Rule 18-22-1.4 - 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.

18 Miss. Code. R. 22-1.4

Miss. Code Ann. § 25-61-5 Revised: November 2020
Adopted 2/18/2017
Amended 3/1/2021