Mississippi Administrative Code
Title 13 - Gaming
Part 1 - Organization and Administration
Chapter 2 - PUBLIC AND CONFIDENTIAL RECORDS
Rule 13-1-2.1 - Definitions

As used in this regulation

(a) "Agency work product" means any paper, document, or other record prepared within the Commission, in performance of statutory authority, which contains opinions or recommendations submitted for consideration in the performance of decisional or policy making functions or information supplied by any governmental agency or an informer or on the assurance that the information will be held in confidence. "Agency work product" includes, but is not limited to, the following documents prepared by members, agents, attorneys, and employees of the Commission:

1. Investigative summaries concerning applicants for licensure, finding of suitability, registration, or other affirmative Commission approval;

2. Investigatory files compiled for law enforcement purposes;

3. Investigative reports;

4. Work papers and notes of members, agents, attorneys, and employees of the Commission;

5. Audit reports, including work papers, whether for special or regular audits;

6. Orders to show cause and related documents; and

7. Reports regarding loans to licensees, submitted to the Commission pursuant to Regulation II-I.

(b) "Applicant records" means those records which contain information and data pertaining to an applicant's criminal record, antecedents and background, and the applicant's financial records, furnished to or obtained by the Commission from any source incident to an investigation for licensure, finding of suitability, registration, or other affirmative approval.

(c) "Certification fees" means the fees charged by Commission personnel incident to the certification of documents.

(d) "Confidential record" means any paper, document or other record or data reduced to a record which is not open to public inspection.

(e) "Duplication fees" mean a charge for duplicating documents for release to the requesting person.

(f) "Financial records" mean those records which relate to the finances, earnings, or revenue of an applicant, licensee, registered company, or person to whom any approval has been granted.

(g) "Investigation" means any investigation conducted by the Commission or its staff pursuant to the Mississippi Gaming Control Act and the regulations promulgated thereunder, including, but not limited to, an investigation pursuant to an application for a gaming license, continuation of a gaming license, finding of suitability, registration, approval, other license, or periodic compliance investigation. (Adopted: 11/18/1999.)

(h) "Law enforcement agency" means any governmental agency involved in the investigation of criminal activity or the arrest, detention, or prosecution of persons suspected of engaging in criminal activity.

(i) "Public record" means any paper, document, or other record required to be kept or necessary to be kept, in the discharge of a duty imposed by law, not declared confidential by statute or regulation. Public records are open to public inspection and include, but are not limited to, the following:

1. Minutes of Commission regular and special public meetings, and all public hearings conducted by the Commission, or its agents, including exhibits entered in the public record as public documents at those meetings or hearings;

2. A list of all applications made under the Act and the record of all formal actions taken with respect to such applications by the Executive Director or the Commission;

3. Agendas of Commission meetings;

4. With the exception of documents filed under seal pursuant to section 3, legal documents filed with the Commission concerning contested cases brought by or against the Executive Director, including, without limitation, disciplinary actions, proceedings concerning the possible inclusion of persons on the list of excluded persons, petitions for redetermination, and requests for refund, except that the summary of evidence filed with a disciplinary complaint and the evidence to which it refers is confidential until such documents are entered in the public record as public documents at a commission hearing on the complaint;

5. Commission files on the enactment, amendment, or repeal of regulations;

6. The Act and the regulations promulgated thereunder;

7. Licenses;

8. The following public documents submitted to the Commission and the United States Securities and Exchange Commission by publicly traded corporations:

i. Annual and quarterly reports to the United States Securities and Exchange Commission;

ii. Notices of annual meetings and proxy material provided to the shareholders; and

iii. Registration statements declared effective by the United States Securities and Exchange Commission; and

9. Reports and correspondence of the Commission specifically prepared for public distribution. (Adopted: 09/25/1991; Amended: 11/18/1999.)

Miss. Code Ann. § 75-76-5 (Rev. 2004);