5 MAC Pt. 4, R. 4.4.7
Exempt Records
Cite as 5 Miss. Admin. Code Pt. 4, R. 4.4.7
Exempt Records.
Any record expressly exempt from the Public Records Act or any record specifically declared to
be exempt, confidential, or privileged by any other Mississippi statute, constitutional provision,
or judicial order or directive, shall not be subject to inspection and copying. Those records which
are specifically exempt by law and which fall within the jurisdiction of the DBCF include, but
are not limited to, the following:
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Any reports of examinations or investigations, including all information obtained during
the course of such examinations and investigations, conducted pursuant to any statutory
authority of the DBCF (Miss. Code Ann. §§ 81-1-89(1), 81-18-21(8), and 25-61-11);
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Investigative records (Miss. Code Ann. § 25-61-12(2));
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Personnel records and applications for employment, except those which may be released to
the person who made the application or with the prior written consent of the person who
made the application. (Miss. Code Ann. § 25-1-100(1));
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Test questions and answers which are to be used in employment examinations (Miss. Code
Ann. § (25-1-100(2));
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Letters of recommendation respecting any application for employment (Miss. Code Ann. §
(25-1-100(3));
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Records which represent and constitute the work product of any attorney and which are
related to litigation initiated by or against the DBCF or in anticipation of prospective
litigation, including all communications between such attorney made in the course of an
attorney/client relationship (Miss. Code Ann. § (25-1-102));
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All communications made in the course of an attorney-client relationship (Miss. Code Ann.
§§ 25-1-102; 26-61-11; AG Opinion No. 2004-0170);
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Appraisal information which concerns the sale or purchase of real or personal property for
public purposes prior to public announcement of the purchase or sale, where the release of
such records would have a detrimental effect on such sale or purchase (Miss. Code Ann. §
(31-1-27);
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Any constitutional law, state or federal statutory law, or decision of a court of this state or
the United States that declares a public record to be confidential or privileged, or provides
that a public record shall be exempt from the Mississippi Public Records Act (Miss. Code
Ann. § (25-61-11).