30 Miss. Code. R. 601-1.6

Current through December 10, 2024
Rule 30-601-1.6 - Open Records Request

Any individual seeking to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of the Board should make a written request, signed by themselves to be mailed to the present custodian of the records, Horne, LLP, P.O. Box 22692, Jackson, Mississippi, 39225-2692. This rule is not intended to apply to any record or other document, which is exempt under the provisions of Sections 195-331 et. seq., Mississippi Code Annotated, as amended, or the provisions of the Open Records Act.

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, dates, title of a publication, and other information which may aid in locating the record.

The written request must specify what the applicant 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 custodian of records, upon receipt of any such request, shall review same and determine whether the records sought are exempt and shall either produce the records or allow access to records or deny access to or production of the records sought within fourteen (14) 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 designate by the CMRS Board. It shall be the duty of the applicant to contact the custodian of records 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.

When possible, nonexempt material will be separated from exempt material and only the exempt material will be withheld.

If the custodian of records determines that the records requested are exempt or privileged under the law, he 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 custodian of records 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 the request. There shall be a charge of $0.50 per page for each copy. Copies printed on both sides (front and 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 the request involves notice 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 the actual cost of such activity exceeds the estimate, the custodian of records is authorized to withhold mailing or delivery of said documents or to delay the inspection until the difference is paid

There shall be no charge for inspection of the current CMRS Board records maintained in the custodian of records office. Cost of obtaining records from any state storage facilities and the search for it shall be charged to the applicant.

30 Miss. Code. R. 601-1.6

Miss. Code Ann. §§ 19-5-333(2)(h) and 19-5-337 (Rev. 2003 & Supp. 2010); and Miss. Code Ann. §§ 25-6-1 through 25-61-12 (Rev. 2010).