19 MAC Pt. 1, R. 13.06
Exemptions
Cite as 19 Miss. Admin. Code Pt. 1, R. 13.06
Exemptions
A. A requested record shall not be withheld from inspection or copying unless it comes
within one of the classes of records exempted by the Public Records Act of 1983,
Miss. Code Ann. 25-61-1 et seq.
B. The classes of records authorized to be exempted from disclosure are those which
concern matters are:
1. Records furnished to public bodies by third parties which contain trade secrets or
confidential commercial or financial information until notice to said parties has
been given, but such record shall be released within a reasonable period of time
unless said third party shall have obtained a court order protecting such records as
confidential.
2. Any public record held to be exempt from disclosure which contain confidential
or privileged or exempt material by a state or federal court decision, constitutional
provision or statute;
3. Records in the possession of a public body, which are developed among judges
and among judges and their aides;
4. Records in the possession of a public body, which are developed among juries
concerning judicial decisions;
5. Personnel records and applications for employment in the possession of a public
body, 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;
6. Test questions and answers in a public body which are used in employment
examinations;
7. Letters of recommendation in the possession of a public body respecting any
application of employment;
8. Records in the possession of a public body, which represent and constitute the
work product of any attorney, representing a public body and which are related
to litigation made by or against such public body or in anticipation of prospective
litigation, including all communications between such attorney made in the course
of an attorney/client relationship;
9. Records in the possession of a public body which would disclose information
about a person’s tax payment or status;
10. Appraisal information in the possession of a public body, which would concern
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;
11. Test questions and answers in the possession of a public body which are to be
used in future academic examinations;
12. Letters of recommendation in the possession of a public body respecting
admission to any educational agency or institution;
13. Records in the possession of a public body which are not otherwise protected by
law, that:
a. are compiled in the process of detecting and investigating any
unlawful activity or alleged unlawful activity, the disclosure of
which would harm such investigation;
b. would reveal the identity of informants;
c. would prematurely release information that would impede the
public body’s enforcement, investigative or detection efforts in
such proceedings;
d. would disclose investigatory techniques;
e. would deprive a person of a right to a fair trial or an impartial
adjudication;
f. would endanger the life or safety of a public official or law
enforcement personnel; or
g. are matters pertaining to quality control or peer review activities;
h. applications for licensure in the possession of a public body 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;
i. test questions in the possessions of a public body that are to be
used in the future license examinations;
j. commercial and financial information of a proprietary nature to be
submitted to a public body by a firm, business, partnership,
association, corporation, individual or other like entity; provided,
however, that nothing herein shall be considered to deny access to
such information submitted to a regulatory agency by a public
utility that is related to the establishment of, or changes in, rates
regulated by such agency.