Mississippi Administrative Code
Title 2 - Agriculture and Commerce
Part 401 - Rules of the Mississippi Fair Commission
Subpart 2 - Administrative Rules
Chapter 01 - Public Records Request Procedure
Availability of Records
Section 2-401-2-01-111

1. Any public record specifically declared to be confidential, privileged or exempt by the Act, or any constitutional or statutory law or decision of a court of this state or the United States shall be exempt from the provisions of the Act.

2. Any records furnished to the Fair Commission which contain trade secrets or confidential commercial or financial information shall not be subject to inspection, examination, copying or reproduction until forty five (45) days following written notice from the Fair Commission to person furnishing such records advising that request has been made for copies of such documents. The notice shall contain a listing of specific documents requested and the name and address of the person requesting such documents or records. Notices shall be mailed certified mail return receipt requested. At the end of the forty five (45) day notice period, copies of all records listed in said notice shall be released to person requesting such records unless person furnishing such records shall have obtained a court order protecting such records as confidential and exempting such records from the provisions of the Act.

3. Personnel records and applications for employment, letters of recommendation for employment or respecting admission to any educational agency or institution in the possession of the Fair Commission, except those which may be released to the person who made the application or released upon the prior written consent of the person who made the application, shall be exempt from the provisions of the Act.

4. Test questions and answers in the possession of the Fair Commission shall be exempt from the provisions of the Act.

5. Records which represent and constitute the work product of any attorney, district attorney or county prosecuting attorney representing the Fair Commission and which are related to litigation made by or against the Fair Commission or in anticipation of prospective litigation, including all communications between such attorney made in the courses of an attorney-client relationship shall be exempt from the provisions of the Act.

6. Records in the possession of the Fair Commission which would disclose information about a persons individual tax payment or status shall be exempt from the provisions of the Act.

7. Information or records in the possession of the Fair Commission which concerns the sale or purchase of real or personal property for public purposes shall be exempt from the provisions of the Act, prior to public announcement of the purchase or sale, where the release of such records could possibly have a detrimental effect on such sale or purchases.

8. Records in the possession of the Fair Commission which are not otherwise protected by law, that

9. Applications for licensure or test questions that are to be used in future license examinations in the possession of the Fair Commission, except that which may be released to the person who made the application or with the prior written consent of the person who made the application, shall be exempt from the provisions of the Act.

10. Commercial and financial information or records of a proprietary nature required to be submitted to the Fair Commission by a firm, business, partnership, association, corporation, individual or other like entity, shall be exempt from the provisions of the Act.

11. Records in the possession of the Fair Commission as defined by Section 2(b) of the Act, which are not otherwise protected by law, that are compiled by reason of inspection or investigation of specific facilities, organizations, or devices pursuant to any law requiring such inspections or investigations to determine, insure, or enforce compliance with such law, shall be exempt from the provisions of the Act.