30 Miss. Code. R. 2201-3.3
The Mississippi Board of Examiners for Licensed Professional Counselors shall adhere to the Open Meetings Law, Section 25-41-3, Miss. Code Ann. (1972) as amended. The following regulation is enacted for the purpose of providing reasonable written procedures concerning the cost, time, place, and method of access, under the provisions of the Mississippi Public Records Act of 1983 (Public Records Act) [Sections 25-61-1, et. seq.]
It is not intended that these procedures shall apply to any public record or other document which is exempt from the provisions of said Act or not covered by the provisions of the Public Records Act.
Any individual seeking to inspect, copy, or mechanically reproduce or obtain a reproduction of any public record of the Board must make a written request signed by the individual to be mailed to the Executive Director of the Board. The written request must be typed or clearly hand printed on a letter size piece of paper and shall specify in detail the public record sought. The request should include, if possible, a description of the type of record, title of publication, and other information, which may aid in the locating of the record.
The written request must specify the purpose for obtaining the record that the individual requesting the record proposes to do with the record, i.e., inspect, copy, etc.; state the date and time for the proposed activity; state the number of persons scheduled to participate and shall provide the name, address, and home and office telephone number of the applicant. The Executive Director, upon receipt of any such request, shall review same and determine whether the records sought are exempt under the Mississippi Public Records Act, and shall either produce records or deny access to or production of the records sought within seven (7) working days of the receipt of the request.
All inspection, copying, or mechanical reproduction shall be done in the offices of the Board or such other reasonable place within the State of Mississippi as may be designated by the Board. It shall be the duty of the applicant to contact the Executive Director by phone before noon of the first working day preceding the proposed date set out in the application to determine if same is acceptable and, if not, what date and/or time will be substituted. Where possible, nonexempt material will be separated from exempt material and only the exempt material will be withheld.
If the Executive Director determines that the records requested are exempt or privileged under the law, he/she/they shall deny the request and shall send the person making the request a statement of specific reasons for the denial. Such denials shall be kept on file for inspection by any person for three (3) years. The Executive Director is authorized to calculate the estimated cost of searching, obtaining from storage, reviewing, shipping, and/or duplicating records and to require payment in advance of such estimated charges prior to complying with request. There shall be a charge of $1.00 per page for each copy. Copies printed on both sides (front & back) shall be considered as two pages for copy charge purposes. Mailing cost shall be calculated at the applicable rate for each such mailing. If request involves notice to be given to a third party, the cost of mailing such notice via certified mail return receipt requested shall be charged to the person requesting such public records. In the event that actual cost of such activity exceeds the estimate, the Executive Director is authorized to withhold mailing or delivery of said documents or to delay inspection until the difference is paid.
There shall be no charge for inspection of the current Board records maintained at the Board office. Cost of obtaining records from state storage facilities and the search for it shall be charged to the applicant.
The Executive Director may waive any or all of the foregoing requirements related to written notice, time and method of access prepayment of expenses whenever the determination is made that such waiver would be in the public interest. Information regarding the Board's activities, submissions to the Board, and requests of the Board should be made in writing to the Board. Individuals who wish to be included on the Board's agenda must submit a written request to the Board. The Board must receive this request at least ten (10) working days prior to the regularly scheduled Board meeting.
30 Miss. Code. R. 2201-3.3