Mississippi Administrative Code
Title 16 - History, Humanities and Arts
Part 1 - Administration
Chapter 6 - Public Records Act of 1982 Regulations
Rule 16-1-6.1
Current through September 24, 2024
This policy is adopted by the authority of § 25-61-1 et seq., MCA 1972, and applies to all books, records, papers, accounts, letters, maps, photographs, films, cards, tapes, recordings or reproduction thereof, and other documentary materials, regardless of physical form or characteristics, having been used, being in use, or prepared, possessed or retained for use in the conduct, transaction or performance of any business, transaction, work, duty or function of the Department of Archives and History.
A. Request Submission:
A request for records shall be submitted in writing to the director, Department of Archives and History, P. O. Box 571, Jackson, Mississippi 39205.
B. Records Not Covered:
Access to records accessioned in the official archives of the state or in the private record archives are not affected by these regulations. Access to those records is provided through procedures established for the Department reading rooms.
C. Identification of Requested Records:
The request for information shall be marked Request for Public Records and shall describe in reasonable detail the records sought. The request should include, if possible, a description of the type of records, names, dates and other information that may aid in locating records.
D. Exempt Records:
The director shall determine whether the records sought are exempt from production under the Mississippi Public Records Act and shall either cause to be produced or deny production of the records sought within seven (7) working days of the receipt of the request. If the director determines that the records requested are exempt or not subject to public disclosure under the law, he shall deny the request and shall send the person making the request a statement of the specific exemption relied upon for the denial. Such denials shall be kept on file for inspection by any person for three (3) years.
Where possible, non-exempt records will be separated from exempt records, and only the exempt records will be withheld. If exempt records cannot be withheld, the exempt information will be reacted by the Department prior to providing access to the non-exempt information. The Department will charge a reasonable fee for the redaction of any exempted information, not to exceed the agencys actual cost.
Information gained from third parties containing trade secrets or confidential commercial or financial information will not be released until a reasonable time after notice has been sent to the third parties, unless the material is protected by a court order.
Records in the possession of the Department of Archives and History that contain information about the location of any specific archaeological site and that in the opinion of the Department would, upon the disclosure thereof, create a substantial risk of damage or destruction to the historical value of such archaeological site or create a substantial risk of damage or destruction to private property rights, are exempt from the provisions of the Mississippi Public Records Act of 1983.
E. Fees:
The request for information should be accompanied by sufficient funds to defray the actual costs of searching, reviewing, copying and, if applicable, mailing the records. Fees charged for the records will not exceed the actual costs, and any overpayment will be refunded. Fees shall be collected prior to compliance with the request. Fees currently authorized by the board of trustees are posted on the departments website
The director shall cause the person making the request to be promptly notified of the estimated fees if the estimate exceeds the funds accompanying the request. The schedule of fees will apply even if the search is unproductive.
Fees are subject to revision by the Board of Trustees.
Foundation for Mississippi History Bylaws Amendment. REPEALED. Effective 10/16/2009.
William F. Winter Archives and History Building Artwork Policy. REPEALED. Effective 10/16/2009.
Certified Public Manager Program Participation Policy. REPEALED. Effective 10/16/2009.
Plan for allowing one administrator to handle Departments cafeteria plan and group insurance. REPEALED. Effective 10/16/2009.
Department Policy regarding reimbursement of meal expenses for traveling staff, only for overnight stays. REPEALED. Effective 10/16/2009.
40% discount on Department-published publications for Board and staff. REPEALED. Effective 10/16/2009.
Board of Trustees Election Procedures. REPEALED. Effective 10/16/2009.
Department Guidelines on Leave, Travel, Reimbursement and Comp. Time. REPEALED. Effective 10/16/2009.
Department Purchasing Rules and Regulations. REPEALED. Effective 10/16/2009.
State Historical Commission abolished by House Bill No. 634, and its functions transferred to the Department. REPEALED. Effective 10/16/2009.
Policy Prohibiting use of Department name in connection with purely commercial enterprises or publications (includes employees). REPEALED. 10/16/2009.
Miss. Code § 25-61-1 (1972, as amended).
