A. This Section establishes the rules and procedures governing the inspection, copying, and/or reproduction of any Public Records, as defined by the Mississippi Public Records Act of 1983, Miss. Code Ann. § 25-61-1, et seq., (1972, as amended), (the "Act"), in the possession of the Mississippi Board of Bar Admissions (Board) which are required or allowed to be examined and copied as Public Records under said Act, subject to any exemptions or exceptions thereto.B. The following non-inclusive list of records of the Board are not Public Records and will not be made available, to-wit:(1) Applications for licensure;(2) Records concerning an applicant's character and fitness;(3) Test questions and answers/analyses unless previously made public by the Board;(4) Recommendations concerning an applicant from any source;(5) Bar examination answers and scores of applicants;(6) Those items exempted from inspection and production by Miss. Code Ann. § 9-1-38 (1972, as amended), and including, but not limited to, the internal communications between or among Board members, or between or among Board members and the staff or employees of the Board, or between or among members of the staff or employees of the Board concerning any application for admission or any matter defined herein as not being a Public Record. This Section 4 shall also apply to the notes or other memoranda prepared by or for the use of Members of the Board in regard to any application for admission or any matter defined herein as not a Public Record. (For the purposes of this Section 4, members of the Committee on Character & Fitness and special counsel to said Committee shall be treated as Members of the Board. );(7) Personnel records exempted under Miss. Code Ann. § 25-1-100 (1972, as amended);(8) Attorneys' work product exempted under Miss. Code Ann. § 25-1-102 (1972, as amended);(9) Academic records exempted under Miss. Code Ann. § 37-11-51 (1972, as amended);(10) Criminal investigation records exempted under Miss.Code Ann. §§ 45-29-1 and 3 (1972, as amended);(11) Licensure application and examination records exempted under Miss. Code Ann. § 73-52-1 (1972, as amended);(12) Commercial and financial information exempted under Miss. Code Ann. § 79-23-1 (1972, as amended); and(13) Any other record or records which are confidential, privileged or otherwise exempt pursuant to these Rules or the laws of the State of Mississippi or the United States, or any records which the Board has declared confidential as a condition to obtaining them.C. All requests shall be in writing describing the information sought with sufficient specificity that the Board is able to determine the precise information requested.D. The Board shall respond to a request for access to records within fourteen (14) working days of the receipt of such request.E. If any record, requested as provided for herein, cannot be produced for any reason, the Board shall provide a written response with the specific reasons therefor.F. Upon compliance with the other provisions of this Rule:(1) Public Records of the Board will be available for inspection and copying during regular business hours (8:00 a.m.-5:00 p.m.), Monday through Friday, by prior appointment made at least three (3) business days in advance unless otherwise authorized by the Board;(2) All inspection, copying or reproduction shall be done in the office of the Board or such other place or in such other manner as designated by the Board, and all copying and reproduction shall be performed by employees of the Board or designees of the Board;(3) Copies of records will be made available according to the following schedule of charges: Retrieval of records (on-site) | $10.00 |
Retrieval of records (off-site) | $15.00 |
Regular Copying of printed material (per page) | $0.50 |
Copying from bound volumes or records (per page) | $2.00 |
Printing of electronically maintained records (per page) | $1.00 |
Minimum Copy/Printing Charge | $1.00 |
Certification of Record (per record) | $25.00 |
Fax Transmission Fee (per fax, 5 page maximum) | $5.00 |
Email Transmission Fee (per record) | $1.00 |
Postage, delivery charges (e.g., FedEx, UPS) | Actual charges + $5.00 |
For each Public Record produced the requesting party shall pay the applicable retrieval fee, together with all applicable copying charges and transmission or delivery charges per the above schedule. For any services rendered other than those listed in the schedule above, the requesting party shall pay the cost of providing such services as determined by the Board.
(4) No services will be provided until payment in full of the estimated costs of providing the services is made. Any charges in excess of the estimate shall be made in full at or prior to the time of delivery.R. Gov. Admi. Miss. Bar. 4
Effective 7/1/2010 to add Section 4 in its entirety.