6 MAC Pt. 5, R. 5.9
Review of denials of public records
Cite as 6 Miss. Admin. Code Pt. 5, R. 5.9
Review of denials of public records.
(a)
Petition for internal administrative review of denial of access. Any person who
objects to the initial denial or partial denial of a records request may petition in writing to
the public records officer for a review of that decision. The petition must include a copy
of or reasonably identify the written statement by the public records officer or designee
denying the request.
(b)
Consideration of petition for review. The public records officer must promptly
provide the petition and any other relevant information to the Executive Director of MDA
or his or her designee. For immediate consideration of the petition and either affirmation
or reversal of the denial within two (2) business days following the MDA’s receipt of the
petition, or within such other time as the MDA and the requester mutually agree to.
(c)
Opinion by the Ethics Commission. Pursuant to Section 25-61-13, if the MDA
denies a requester access to public records, the requester 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.
(d)
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 Section 25- 61-13.