Rule 19-1-13.09 - Review of DenialsA. When a request for records has been denied in whole or in part by the Mississippi Insurance Department, the requestor may appeal the denial to the Commissioner of Insurance or may seek immediate judicial review of the denial in the Chancery Court.B. An appeal to the Commissioner of Insurance shall be in writing, and shall include a statement of the circumstances, reasons or arguments advanced in support of disclosure, and a copy of any written denial issued.C. Unless the Commissioner of Insurance otherwise directs, the Freedom of Information Officer shall act on behalf of the Commissioner of Insurance on all appeals under this section, except that in the case of initial denial by the Freedom of Information Officer, the Commissioner of Insurance or his designee shall act on the appeal.D. A written determination with respect to an appeal shall be made within ten (10) days of the filing of the appeal. If the records or any divisible part thereof are found to have been improperly withheld, the Commissioner of Insurance shall order the Mississippi Insurance Department to make them available. If the agency continues to withhold the record, the requestor may seek enforcement of the order in the Chancery Court.E. A denial in whole or in part of a request on appeal shall set forth the exemption relied on, a brief explanation consistent with the purpose of the exemption of how the exemption applies to the records withheld, and the reasons for asserting it. The denial shall also inform the requestor of the right of judicial review.F. If no determination has been dispatched at the end of the statutory time period, the requestor may deem his request denied, and exercise his right to judicial review of the denial.19 Miss. Code. R. 1-13.09
Miss. Code Ann. § 25-43-1.101, et seq.; § 83-5-73 (Rev. 2011)