5 Miss. Code. R. 4-4-4.8

Current through November 26, 2024
Rule 5-4-4-4.8 - Denials

Denials shall contain the specific reasons for the denial. Copies of all denials shall be maintained on file by the DBCF for not less than three years from the date denial is made.

Petition for Internal Administrative Review of Denial: Any person who objects to the initial denial or partial denial of a records request may, within ten (10) business days of the date of such denial, petition for a review of that decision. The petition must be submitted in writing, via U.S. Mail, to the agency's designated Compliance Officer, Richard Rogers, at Post Office Box 12129, Jackson, Mississippi 39236-2129. An emailed or faxed petition does not satisfy the written request requirement.

Consideration of Petition for Review: The Compliance Officer will provide the petition and any other relevant information to the Commissioner who will either confirm or reverse the denial.

Review by the Ethics Commission. Pursuant to Miss. Code Ann. § 25-61-13, if DBCF denies a requestor access to public records, the requestor may ask the Ethics Commission to review the matter. The Ethics Commission has adopted rules on such requests. They may be found at www.ethics.state.ms.us.

Judicial review. Any person whose request for public records was denied may institute a suit in the chancery court of Hinds County, seeking to reverse the denial, as set forth in Miss. Code Ann. § 25-61-13.

5 Miss. Code. R. 4-4-4.8

Miss. Code Ann. § 26-61-5(3) and 25-61-13; Miss. Ethics Comm. Model Public Records Rule 9.
Adopted 9/21/2020