Miss. Admin. Code Title 25 — Military and Veterans

VETERANS AFFAIRS BOARD VETERANS AFFAIRS BOARD

Part 101 Board

Chapter 1 Board

25 Miss. Admin. Code Pt. 101, R. 1.1 Repeal of Prior Rules

Upon their effective date, these rules and regulations supercede and repeal all previous rules and regulations previously filed by the State Veterans Affairs Board.

History

• Source: Miss. Code Ann. § 35-1-7 (Rev. 2007).

25 Miss. Admin. Code Pt. 101, R. 1.2 Purpose

The State Veterans Affairs Board will assist all service men and women, veterans and/or dependents, widows, and orphans, with problems relating to or contingent on service in the armed forces of the United States or its allies when requested and authorized to do so.

History

• Source: Miss. Code Ann. § 35-1-7 (Rev. 2007).

25 Miss. Admin. Code Pt. 101, R. 1.3 Board Established

The State Veterans Affairs Board shall consist of seven (7) members, to be appointed by the Governor, with advice and consent of the Senate, one (1) member from each congressional district, and two (2) members shall be appointed from the state at large.

History

• Source: Miss. Code Ann. § 35-1-1 (Rev. 2007).

25 Miss. Admin. Code Pt. 101, R. 1.4 Chairman and Vice-Chairman

Members of the board shall annually elect as chairman one of their number and another member as vice-chairman.

History

• Source: Miss. Code Ann. § 35-1-1(1)(b) (Rev. 2007).

25 Miss. Admin. Code Pt. 101, R. 1.5 Meetings

Members of the board shall hold regular monthly meetings on the second Friday of each month and such other meeting as may be called by the chairman or the vice- chairman in his/her absence. Board meetings shall be governed by Robert’s Rules of Order (as amended).

A. The Executive Secretary to the Board will mail notices of Statutory meeting to all

Board members at least one week prior to meeting date. Such notice will include an agenda of known items to come before the Board. B. All Board Meetings will comply with Miss. Code Ann. §§ 25-41-5 and 25-41-13.

History

• Source: Miss. Code Ann. § 35-1-1(2) (Rev. 2007).

25 Miss. Admin. Code Pt. 101, R. 1.6 Quorum and Proxies

A quorum shall consist of four (4) members duly appointed in accordance with Miss. Code. Ann. § 35-1-1(1)(b). A quorum is required for this Board to conduct business unless otherwise noted in this document. Proxies shall not be allowed.

History

• Source: Miss. Code Ann. § 35-1-7 (Rev. 2007).

25 Miss. Admin. Code Pt. 101, R. 1.7 General Duties and Power

The duties of the State Veterans Affairs Board shall be to:

A. Assist former and present members of the Armed Forces of the United State, and their dependents, in securing any benefits or privileges under any federal or state law or regulation to which they are entitled B. Advise the Governor and Legislature on Veterans affairs C. Fully cooperate with all congressionally chartered veterans organizations within the state, including servicing the power of attorney of the congressionally chartered veterans organizations upon the request of the organizations to the State Veterans Affairs Board in the prosecution of all claims on behalf of veterans. D. Inspect, approve and supervise school, institutions and establishments for war orphan and veteran training as the “State Approving Agency” for the State of Mississippi and to enter into contract with the Department of Veterans Affairs for salary and travel reimbursement for personnel employed for this purpose E. Operate and manage all state veterans nursing homes to provide domiciliary care and other related services for eligible veterans in the most cost efficient manner. F. Adopt policies and prescribe rules and regulations for the proper administration of it general duties and powers G. Appointments as local representatives of the State Veterans Affairs Board may be revoked at any time by the State Veterans Affairs Board. At no time and under no circumstance will members of the Board, while representing the Board, engage in controversial matters or promotional activities of any veterans organization or other similar organization. It is desired that members of the Board will take interest in veterans affairs, keep in touch with veterans, and impart information to them. H. Cooperate with all agencies and organizations in providing assistance to servicemen and women, veterans and/or their dependents, widows and orphans. Particular attention will be given to cooperation with County Veteran Service Officers and Service Officers of the various veterans organizations in the prosecution of claims and the handling of problems relating to or contingent on service with the armed forces. I. Preference will not be shown to individuals, counties, or organizations. The service will be given courteously and on an equal basis. However, emergency or distress cases shall take priority. No services will be undertaken or any privilege extended any are, county, or organization which cannot be provided for all. No special records will be maintained and no special information will be compiled for one that is not available for

all as taken from the available records of the Board. J. The Board shall provide training and certification of County Veteran Service Officers. In addition, County Service Officers undergoing initial certification will be required to receive one (1) day of training at the Board’s Claims Office with the Claims Office providing two (2) days (different sessions) of training.

History

• Source: Miss. Code Ann. § 35-1-7 and §35-3-21 (Rev. 2007).

25 Miss. Admin. Code Pt. 101, R. 1.1 Repeal of Prior Rules

Upon their effective date, these rules and regulations supersede and repeal all previous rules and regulations previously filed by the State Veterans Affairs Board.

History

• Source: Miss. Code Ann. § 35-1-7 (Rev. 2024).

25 Miss. Admin. Code Pt. 101, R. 1.2 Purpose

To Honor Mississippi’s Veterans and their dependents through superior service, care, and assistance.

History

• Source: Miss. Code Ann. § 35-1-7 (Rev. 2024).

25 Miss. Admin. Code Pt. 101, R. 1.3 Board Established

The State Veterans Affairs Board shall consist of seven (7) members, to be appointed by the Governor, with advice and consent of the Senate, one (1) member from each current Congressional District, and the remainder members shall be appointed from the state at large.

History

• Source: Miss. Code Ann. § 35-1-1 (Rev. 2024).

25 Miss. Admin. Code Pt. 101, R. 1.4 Chairman and Vice-Chairman

Members of the board shall annually elect as chairman one of their number and another member as vice-chairman.

History

• Source: Miss. Code Ann. § 35-1-1 (1) (b) (Rev. 2024).

25 Miss. Admin. Code Pt. 101, R. 1.5 Meetings

Members of the board shall hold regular monthly meetings and such other meeting as may be called by the chairman or the vice- chairman in his/her absence. Board meetings shall be governed by Robert’s Rules of Order (as amended).

A. The Executive Secretary to the Board will provide notices (may be email) of Statutory meeting to all Board members at least one week prior to meeting date. Such notice will include an agenda of known items to come before the Board.

B. All Board Meetings will comply with Miss. Code Ann. §§ 25-41-5 and 25-41-13.

History

• Source: Miss. Code Ann. § 35-1-1 (2) (Rev. 2024).

25 Miss. Admin. Code Pt. 101, R. 1.6 Quorum and Proxies

A quorum shall consist of four (4) members duly appointed in accordance with Miss. Code. Ann. § 35-1-1(1)(b). A quorum is required for this Board to conduct business unless otherwise noted in this document. Proxies shall not be allowed.

History

• Source: Miss. Code Ann. § 35-1-7 (Rev. 2024).

25 Miss. Admin. Code Pt. 101, R. 1.7 General Duties and Power

The duties of the State Veterans Affairs Board shall be to:

A. Assist former and present members of the Armed Forces of the United States, and their dependents, in securing any benefits or privileges under any federal or state law or regulation to which they are entitled.

B. Advise the Governor and Legislature on veterans’ affairs.

C. Fully cooperate with all congressionally chartered veterans organizations within the state, including servicing the power of attorney of the congressionally chartered veterans organizations upon the request of the organizations to the State Veterans Affairs Board in the prosecution of all claims on behalf of veterans. The Board will have thirty (30) days after receiving written notice of a claim through power of attorney in order to process the claim. It the appeal is less than thirty (30) days the Board may only advise the veteran with the claim.

D. Inspect, approve, and supervise school, institutions and establishments for veterans training as the “State Approving Agency” for the State of Mississippi and to enter into contract with the Department of Veterans Affairs for salary and travel reimbursement for personnel employed for this purpose.

E. Operate and manage all state veterans nursing homes to provide domiciliary care and other related services for eligible veterans in the most cost-efficient manner.

F. Adopt policies and prescribe rules and regulations for the proper administration of its general duties and powers.

G. Appointments as local representatives of the State Veterans Affairs Board may be revoked at any time by the State Veterans Affairs Board. At no time and under no circumstance will members of the Board, while representing the Board, engage in controversial matters or promotional activities of any veterans organization or other similar organization. It is desired that members of the Board will take interest in veterans affairs, keep in touch with veterans, and impart information to them.

H. Cooperate with all agencies and organizations in providing assistance to servicemen and women, veterans and/or their dependents, widows and orphans. Particular attention will be given to cooperation with County Veteran Service Officers and Service Officers

of the various veterans organizations in the prosecution of claims and the handling of problems relating to or contingent on service with the armed forces.

I. Preference will not be shown to individuals, counties, or organizations. The service will be given courteously and on an equal basis. However, emergency or distress cases shall take priority. No services will be undertaken or any privilege extended to any county or organization, which cannot be provided for all. No special records will be maintained and no special information will be compiled for one that is not available for all as taken from the available records of the Board.

J. MSVA shall provide training and certification of County Veteran Service Officers. In addition, County Service Officers undergoing initial certification will be required to receive training annually.

History

• Source: Miss. Code Ann. § 35-1-7 and § 35-3-21 (Rev. 2024).

Part 102 Organization

Chapter 1 Organization

25 Miss. Admin. Code Pt. 102, R. 1.1 Purpose: The state agency (MSVA) shall be organized to carry out the statutory duties of the Board

MSVA shall be organized in three (3) divisions. MSVA shall be headed by an Executive Director, who shall also serve as Executive Secretary to the Board, a Deputy Executive Director, and three (3) division directors (Claims, SAA, and Homes), plus additional personnel, as needed, to carry out the duties of the Board. The Executive Director, Deputy Executive Director, and Division Directors shall be appointed as dictated by statute with additional personnel being employed in accordance with State Personnel Board Policies. (Note: There shall be no distinction between the Executive Director and Executive Secretary as used in this document.)

History

• Source: Miss. Code Ann. § 35-1-7 (Rev. 2024).

Chapter 2 Personnel

25 Miss. Admin. Code Pt. 102, R. 2.1 Rule 2.1

The Executive Director, Deputy Executive Director, Division Directors (or equivalents), and Branch Directors (or equivalents) shall serve, per statute, at the will of the Board.

History

• Source: Miss. Code Ann. § 35-1-3 (Rev. 2018).

25 Miss. Admin. Code Pt. 102, R. 2.2 Executive Director and Executive Secretary to the Board

The Executive Director shall:

A. Serve as the Executive Secretary to the Board and as the Executive Director of the MSVA.

B. Demonstrate an excellent knowledge of the various benefits or privileges accruing to former and present members of the armed forces of the United States and their dependents under federal or state laws or regulations.

C. Be directly responsible to the Board for the efficient operation of the MSVA. Duties are as prescribed by policies, rules, regulations, and instructions of the Board.

D. The Executive Director shall provide, at the expense of the MSVA, such publications and informational material as he deems advisable.

E. Delegate authority to subordinate personnel as necessary to ensure efficient functioning of the MSVA.

F. Meet minimum requirements for selection to the position of Executive Director and Executive Secretary to the Board as prescribed by statute or the State Personnel Board.

History

• Source: Miss. Code Ann. § 35-1-3 and Miss. Code Ann. § 35-1-7 (Rev. 2024).

25 Miss. Admin. Code Pt. 102, R. 2.3 Rule 2.3

The Executive Director may be selected from among qualified Deputy or Division Directors, or the position may be filled through open recruitment. In recruiting for the position of Executive Director, the Board shall first recruit for individuals who are currently serving members or honorable discharged or honorably released veterans of any active or reserve component branch of the Armed Forces of the United States. If no suitably qualified individual is found, the Board, upon a vote taken during either Statutory or Special Called Board Meetings, will then open recruitment to any veteran regardless of period of service.

History

• Source: Miss. Code Ann. § 35-1-3 and § 35-1-7 (Rev. 2024).

25 Miss. Admin. Code Pt. 102, R. 2.4 Board Oversight

A. The Executive Director shall be responsible for the day to day operations of the Veterans Affairs Board. The Executive Director shall be responsible for hiring (as stipulated in this document), supervision, and firing (as stipulated in this document) of employees of the MSVA.

B. The Executive Director shall be responsible for managing the day to day activities and planning the budget and administering the financial affairs of the MSVA. The Board shall set policies in regard to the Executive Director's management of the agency. Those policies shall be set forth in the Minutes of the Board and shall be carried out by the Executive Director according to the instructions of the Board as stated in the minutes.

C. All supervision of the Executive Director shall be by the complete Board and it is the stated policy of this Board that individual members of the Board shall not engage in day to day direction of the agency unless specifically authorized and directed to by a vote of the full Board in specific circumstances.

D. From time to time, the Board may designate a member or members of the Board to serve on an Ad Hoc Committee to assist the Executive Secretary in management of specific activities or functions of the agency, but such activities shall be limited in time, scope, and nature.

E. The Executive Secretary should consult with the Board with regard to all major management decisions which transcend normal day-to-day operations. The Executive Secretary shall also seek approval of the Board for the hiring of contractors to perform services on behalf of the agency. (Individual contract workers are excluded from this provision. For example, RNs, LPNs, DCWs, Laundry and Housekeeping Aides are considered contract workers).

F. The Executive Director shall have the authority to purchase or delegate the purchase of items/services and authorize payment for those items/services necessary for day-to-day operation of the agency and its divisions. Examples include things such as utilities, fuel, food services, legal and contractual obligations, personnel services, travel expense, licenses and fees, business and medical supplies, drugs and medications, repairs, maintenance, etc. Purchases and payments to comply with Mississippi Law and Department of Finance and Administration rules and regulations.

G. The Board must approve the expenditure of funds when state law requires bids.

History

• Source: Miss. Code Ann. § 35-1-3, § 35-1-7 and § 35-1-21 (Rev. 2024).

25 Miss. Admin. Code Pt. 102, R. 2.5 Deputy Executive Director

A. Shall report directly to the Executive Director. Duties will be as prescribed by the Executive Director.

B. Minimum requirements for selection to the position of Deputy Executive Director shall be prescribed by statute or the State Personnel Board.

C. In recruiting for the position of Deputy Executive Director, the Board shall first recruit for individuals who are a currently serving member or honorable discharged or honorably released veterans of the Armed Forces of the United States. If no suitably qualified individual is found, the Board, upon a vote taken during either Statutory or Special Called Board Meetings, will then open recruitment to any veteran regardless of period of service.

History

• Source: Miss. Code Ann. § 35-1-3 and § 35-1-7 (Rev. 2024).

25 Miss. Admin. Code Pt. 102, R. 2.6 Managers of Major Functional Areas and Managers of the State Veterans Homes

A. Managers of major functional areas of the Administrative Office and Managers (Administrator) of the State Veterans Homes will report to the Executive Director or the Deputy Executive Director, or as assigned. Duties will be as prescribed by the State Personnel Board.

B. In recruiting for the above positions, the Board shall first recruit for individuals who are veterans. If no suitably qualified individual is found, the Board will the open recruitment to any veteran regardless of period of service. If there is still no suitably or better qualified individual that is a Veteran, the Board will open recruitment to include non-veterans.

History

• Source: Miss. Code Ann. § 35-1-3 and § 35-1-7 (Rev. 2024).

25 Miss. Admin. Code Pt. 102, R. 2.7 Additional Personnel

A. All employees of the MSVA will report directly to assigned supervisor and perform duties as assigned in accordance with position in which employed as outlined in State Personnel Board job descriptions.

B. The Executive Director is responsible for requesting, from the State Personnel Board, a list of eligibles for positions to be filled and will interview those applicants to determine their suitability for the position being filled.

C. The Executive Director must give notice to the Board prior to the hiring/promotion of individuals to fill positions of Deputy Executive Director, Managers of major functional

areas in the Administrative Office and Managers (Administrator) of the State Veterans Nursing Homes.

History

• Source: Miss. Code Ann. § 35-1-3 and § 35-1-21 (4) (Rev. 2018).

25 Miss. Admin. Code Pt. 102, R. 2.8 Personnel Actions

A. A simple majority vote of the Board, during either a regular or special called meeting, is required to appoint the Executive Director

B. A quorum, is required to terminate the Executive Director.

C. The Executive Director, will give notice to the Board to suspend, with pay, or terminate the Deputy Executive Director, and Managers of functional areas of the Administrative Office and Managers (Administrator) of the State Veterans Nursing Home.

D. The Executive Director will take other personnel actions in accordance with State Personnel Board policies, rules, and regulations.

E. For the purpose of carrying out the intent of this paragraph, the Executive Director will, as much as possible, keep the Board informed of potential actions.

History

• Source: Miss. Code Ann. § 35-1-3 and § 35-1-7 (Rev. 2024).

25 Miss. Admin. Code Pt. 102, R. 2.9 Benefits

Benefits shall be in accordance with State Personnel Board Policies and Procedures.

History

• Source: Miss. Code Ann. § 35-1-7 (Rev. 2024)

25 Miss. Admin. Code Pt. 102, R. 2.10 Work Schedule

The normal office hours of employees of the State Veterans Affairs board shall be from 8:00 a.m. to 5:00 p.m., five (5) days a week, Monday through Friday. However, supervisors may modify, with Executive Director’s approval, work schedule providing for flextime to facilitate efficient operation of the division or entity. Each office will be staffed, however, from 8:00 a.m. until 5:00 p.m.

History

• Source: Miss. Code Ann. § 25-1-98 (Rev. 2023)

25 Miss. Admin. Code Pt. 102, R. 2.11 Leave

All leave will be administered as provided in the state law. In addition:

A. Supervisors will have approval authority on all leave requests.

B. Work which would result in an employee receiving credit for compensatory time must be approved by the employee's immediate supervisor (or by individual at next level in the chain should immediate supervisor not be available) and the appropriate "Director" in order for the employee to receive credit.

History

• Source: Miss Code Ann. § 35-1-7 and § 25-3-91 through § 25-3-99 (Rev. 2024).

Chapter 3 Operation of Organization

25 Miss. Admin. Code Pt. 102, R. 3.1 Donated Funds

The MSVA is to receive and accept gifts and\or donations for the benefit of the State Veterans Nursing Homes and to use said gifts for carrying out the objective and purpose of the State Veterans Nursing Homes. The agency’s policies and guidelines for the use of said funds, are hereby set forth.

A. The MSVA will accept private donations from any source with the understanding that the donation may be designated for general use, at the discretion of the Board, or for use for a specific purpose. All donated funds will be used for the general welfare and benefit of all the residents.

B. Any person or entity specifying a particular use for donated funds should do so in writing. The funds so received shall be earmarked for the particular purpose and expended only for that purpose. If the MSVA determines that the purpose for which the funds have been designated is not a realistic purpose or is not legal or otherwise appropriate, then the agency shall return said funds to the donor with a specific statement of the reason why the funds cannot be used for the particular, designate purpose.

C. The MSVA shall only use accrued interest from donated funds previously received and hereafter received where such donated funds were/are given with the understanding that the principle would be placed in an endowment with only accrued interest being expended. However, the agency may expend such principle on a two-thirds (2/3 vote of Board members present for an emergency or other special circumstance relating to the health, safety, and welfare of SVNH residents for which state or federal funds cannot be (or cannot be timely) used for that emergency or special circumstance.

D. Any funds received from any person or entity for which a specific purpose is not designated shall be placed in a general donation fund for use in the discretion of the Board (two-thirds vote of members present required) pursuant to policies and guidelines. Examples of appropriate expenditures of not-specified donated funds are as follow:

(1) Christmas presents

(2) Movies, parties, and other types of entertainment. This would include equipment such as popcorn machine, ice cream machine, aquarium, etc.

(3) Other items for which state or federal funds cannot be (or cannot be timely) used.

(4) MSVA shall provide the Board with a monthly report on the status of the private donations account.

E. MSVA shall provide the Board an annual report on donations received and expenditures, including accrued interest, from donated funds to donors and other interest, from donated funds to donors and other interested parties.

History

• Source: Miss. Code Ann. § 35-1-29 (Rev. 2007).

25 Miss. Admin. Code Pt. 102, R. 3.2 Personal Service Contracts

A. The MSVA shall enter into personal services contracts, in accordance with State and/or Federal policies, rules, and regulations, as the board deems necessary to carry out the duties assigned.

B. Personal services contracts will be renewed upon expiration EXCEPT in those instances where a majority of the Board finds the contract to no longer be needed or becomes dissatisfied with the contractor's performance. In these instances, the Board will seek replacement of the contractor utilizing a formal bid process or by accepting quotes (as applicable). The key consideration in determining a contract shall be contractor performance.

C. Personal services contracts may be terminated prior to expiration with termination being for cause or convenience in accordance with the terms of the contract.

D. All personal services contracts shall contain a clause mandating that the contractor meet with the Board or its representative upon request.

History

• Source: Miss. Code Ann. § 35-1-21 (4) and § 35-1-25 (Rev. 2007).

25 Miss. Admin. Code Pt. 102, R. 3.3 Vehicles

MSVA vehicles will be used only for official business as necessary to carry out the duties of MSVA.

History

• Source: Miss. Code Ann. § 35-1-7 (Rev. 2024).

25 Miss. Admin. Code Pt. 102, R. 3.4 Travel

Board members will, when practical, attend meetings of veterans groups or other organizations where attendees are likely to have interest in issues affecting veterans, availing themselves of such opportunities as a means of reaching and informing as many veterans as possible of benefits and programs available to the state's veteran population.

A. Board members will only receive per diem for those days on which the Board member is primarily engaged in official business.

B. Board members will not be paid per diem for attending conventions and/or conferences (except NASDVA), in or out of state, unless the Board is also meeting at that location and reimbursement for travel expenses for Board members' attendance of out of state conferences and/or conventions will be limited. The NASDVA conference would not count against this limit to one (1) trip each fiscal year.

C. Taxable meals will not be reimbursed.

D. Travel reimbursement for use of privately owned vehicles will be at the current rate with mileage being computed from departure city to destination city using a "recognized" road map.

E. All travel that is reasonably anticipated will be pre-approved by the Board. However, routine travel performed by the SAA to inspect, approve, and supervise schools and other training establishments as part of its operation is at the discretion of the Executive Director and shall require no further specific approval action by the Board.

F. Travel that could not be reasonably anticipated may be authorized by the Executive Director but still must be approved by the Board, the Board action to be recorded in next scheduled meeting minutes.

G. The Executive Director shall assign appropriate staff personnel to attend conferences, conventions, and Service Officer's schools when such attendance is in the interest of service work and the cost is considered practical and within budgetary limits.

H. Staff Personnel will visit counties, at the direction of the Executive Director, for the purpose of contacting, informing and assisting county and local service officers with special problems. Such visits will be as methodical as the work load and personnel will permit. Special visits may be authorized by the Executive Director as required.

History

• Source: Miss. Code Ann. § 35-1-5 (Rev. 2007).

25 Miss. Admin. Code Pt. 102, R. 3.5 POW and Congressional Medal of Honor Auto Tag

A. When requested, the MSVA shall issue a certificate that will be used to establish the eligibility of an individual to receive a tax-free auto tag.

B. Any legal resident of the State of Mississippi who was a prisoner of war and the unmarried surviving spouse of such person is privileged to obtain annually one (1) motor vehicle license plate or tag for a private passenger vehicle or pickup truck in the county of his or her residence. The EX-POW license plate or tag is exempt from all motor vehicle registration fees and privilege taxes. The following items will be accepted as proof by MSVA of an individual's prisoner of war status for said certificate:

(1) Original letter mailed home from POW camp (2) Original newspaper clippings (3) Original war claims letter (4) Original telegrams (5) Discharge (6) VA Records

C. Any legal resident of the State of Mississippi, who is a recipient of the Congressional Medal of Honor and the unmarried surviving spouse of such person is privileged to obtain annually, one (1) motor vehicle license plate or tag for a private passenger motor vehicle or pickup truck in the county of his residence. The CMH license plate or tag is exempt from all motor vehicle registration fees and privilege taxes.

History

• Source: Miss. Code Ann. § 27-19-54 (Rev. 2010).

25 Miss. Admin. Code Pt. 102, R. 3.6 County Veterans Service Officer Training and Certification

MSVA shall provide training and certification of County Veteran Service Officers in accordance with MS Code of 1972, annotated, Section 35-3-21. In addition, County Service Officers undergoing initial certification will be required to receive training once a year.

History

• Source: Miss. Code Ann. § 35-3-21 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 3.7 Fixed Asset Accounting Policies

MSVA will conduct an annual current inventory of property items that cost $1,000.00 or more and for the following items: (1) Weapons (2) Cameras and Camera Equipment (greater or equal to $250.00) (3) Televisions (greater or equal to $250) (4) Two-Way Radio Equipment (5) Appliances (refrigerators, freezers, air conditioners, stoves, microwave ovens, etc.) (6) Lawn Maintenance Equipment (7) Cellular Telephones (8) Computers and Computer Equipment (over $250.00) (9) Chain Saws (10) Air Compressors (11) Welding Machines (12) Generators (13) Motorized Vehicles.

A. Responsible Parties.

(1) Each division director will be responsible for the equipment items located in their division. This responsibility includes doing periodic visual checks of equipment in their areas as well as informing the agency property officer of additions of equipment, repairs, disposals, and missing items as prescribed in the procedures listed below.

(2) Equipment items, such as cellular phones and laptop computers, will be assigned to specified employees. Employees assigned these items may be held financially responsible in the case of loss of, theft of, or damage to these items.

B. Internal Audits.

(1) The agency's property officer and a designee will conduct an annual physical audit of all agency equipment to identify all equipment items.

(2) The maintenance supervisor at each of our nursing homes will do a complete physical audit of all maintenance equipment on a monthly basis. If any items are missing, the supervisor is to follow the procedures listed below for reporting missing equipment:

History

• Source: Miss. Code Ann. § 35-1-25 and Miss. Code Ann. § 35-1-7 (Rev. 2024).

25 Miss. Admin. Code Pt. 102, R. 3.8 Fixed Asset Accounting Procedures

A. Properly Secured Equipment. All audio and visual equipment is to be stored in a secured area when not in use.

B. Equipment Additions

(1) Packing Slips. When new equipment is purchased for the homes, the division director or his/her designee will need to forward the packing slip to the administrative office. The packing slip must indicate that the item has been received in good condition.

The packing slip should then be dated and initialed by the person that took delivery of the equipment item.

(2) Equipment Addition Form. The branch director or his/her designee will need to record dates received, the manufacturer, description of property, and serial number on the equipment addition form. This form is to e submitted once a month to the property officer. The form must be received by the 5th of the month following receipt of the goods.

C. Equipment Repair and Disposal

(1) Equipment Repair. When equipment needs to be repaired, call the property officer. You will be asked for the equipment's inventory number, serial number and description of the problem. The property officer will check to see if the equipment is under warranty or a maintenance agreement and inform you of what steps to take to have the equipment repaired.

(2) Equipment Disposal. Equipment will only be disposed after it has been determined that it cannot be repaired or the cost of repair is too great. Once an item has been deemed to be unrepairable, the division director or his/her designee will record the date that the item was deemed un-repairable, a description of the property, the item's equipment inventory number and the serial number on the request for disposal form. This form should then be forwarded to the property officer. After the form has been completed, the piece of equipment should then be placed in a secure area. Equipment items to be disposed of are not to be taken out of the secure area until the property officer has contacted the division director with instructions of how and when to dispose of the property.

D. Missing Equipment. When an equipment item is missing, the division director must call the police or sheriff's office and report the missing item. The division director will then send a memo to the property officer stating the date the item was found to be missing, description of the item, and giving the police report number.

History

• Source: : Miss. Code Ann. § 35-1-25 and § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 3.9 Cellular Telephones

Cellular telephones may be obtained by the MSVA and issued or assigned to individuals as deemed necessary to promote the efficient operation of the agency and to provide for the safety and well-being of employees and for those in our care.

A. MSVA employees or units assigned a cellular telephone are responsible for the proper care and operation of such equipment. Theft, damage or malfunction should be reported to the Director of Information Technology immediately.

B. MSVA Administrative office personnel shall routinely review cellular telephone billings/audits to determine if unauthorized cellular calls are being made. Unauthorized cellular calls are to be reported to the Deputy Executive Director.

C. Cellular telephones are to be utilized for official business purposes only and the cost of unauthorized cellular calls is the responsibility of the employee making that call.

Unauthorized calls may lead to an employee receiving a verbal or written reprimand, suspension or termination.

D. Cellular telephones utilized by the State Veterans Nursing Homes (SVNH) are intended for official business only and are not intended for routine personal use. It is acceptable for the SVNH van driver and/or CNA/DCW accompanying the van to briefly utilize the cellular telephone to notify appropriate family members when a late return to the SVNH creates unanticipated problems for the employee, for their spouse, their children or parents.

History

• Source: Miss. Code Ann. § 35-1-7 and § 35-1-27 (Rev. 2024).

Chapter 4 State Veterans Nursing Homes (SVNH)

25 Miss. Admin. Code Pt. 102, R. 4.1 Purpose

The object and purpose of the establishment of the State Veterans Nursing Homes shall be to provide domiciliary care and other related services for eligible veterans of the State of Mississippi.

History

• Source: Miss. Code Ann. § 35-1-19 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.2 Admission Eligibility

In order to be eligible for admission to a SVNH, the applicants must be:

A. A former United States Armed Forces service member;

B. A spouse who is legally married to a former United States Armed Forces service member who is a resident of a SVNH; or

C. An un-remarried surviving spouse who was legally married to a former United States Armed Forces service member.

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.3 Admission Criteria

In order to be admitted to a SVNH, the eligible applicant must meet the following criteria:

A. The former U.S. Armed Forces service member must be or have been a Mississippi resident; the spouse must be legally married to a former U.S. Armed Forces service member who is resident of a Mississippi SVNH; the un-remarried surviving spouse must be a Mississippi resident and have been legally married to a former U.S. Armed Forces service member who was a Mississippi resident at the time of death.

B. The former U.S. Armed Forces service member must meet at least one of the three (3) following criteria to be eligible for admission to the SVNH;

(1) had regular federal active duty in the U.S. Armed Forces and have been discharged under other than dishonorable conditions (applicant must supply DD 214, or Report of Separation from Service or other acceptable proof of service);

(2) be approved by the federal Department of Veterans Affairs VA Medical Center of jurisdiction to receive VA per diem payments for care in the State Veterans Home; or

(3) be a former member of the U.S. Armed Forces Reserves or National Guard with Honorable Active Duty for Training service and, if not entitled to VA per diem payments for care in the Home, shall pay the full daily charge (current daily resident fee plus daily VA per diem reimbursement rate) set by the Board, provide their own prescribed medications and drugs and be responsible for any personal medical care deductibles and co- payments.

C. Former U.S. Armed Forces Service members not meeting (A.) above, i.e., resident of another state, may be admitted to a SVNH to fill vacant bed(s), up to a total of 148 occupied beds, when there is no Mississippi resident on the active waiting list or ready to enter the SVNH. However, the cost of care for such out of state resident will be at no expense to the State of Mississippi regardless of the length of stay. In the event that this should occur, such resident shall not be discharged from the Home for the sole purpose of vacating a bed to accommodate a subsequent Mississippi resident who desires admission.

D. To be admitted to a SVNH the applicant must have a medically documented need for nursing home care. The applicant shall have a medical examination by a personal or VA physician within 30 days of the admission request and as a result, it is shown that he/she does not:

(1) Require medical or hospital care for which the SVNHs are not equipped or staffed to provide.

(2) Have violent or dangerous traits or behaviors which may prove harmful or dangerous to the physical or mental well-being or result in unacceptable harassment of other residents, employees, or the resident himself/herself.

E. There shall not be any income and /or net worth bar for admission to a SVNH.

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.4 Admittance Priority

A. Former U.S. Armed Forces Service members with wartime military service receive first preference for admission. Service members with peacetime military service receive second preference for admission. Eligible spouses and un-remarried surviving spouses receive third preference for admission. Applicants will be admitted in preference order; however, if there is no wartime service member ready to accept a bed, peacetime service members may be admitted; if no wartime nor peacetime service members are ready to accept a bed, eligible spouses and eligible un-remarried surviving spouses may be admitted.

B. When a bed in a SVNH becomes available, first (1st) priority will be current resident of another SVNH or patient in VA Medical Center (to include individuals in nursing homes

under VA contract); second (2nd) priority will be veteran currently on SVNH waiting list(s); and third (3rd) priority will be new application for admission to a SVNH Home. Individuals on waiting list(s) who decline admission when a bed is available and offered will have their name moved to the bottom of the list. Individual(s) who decline the offer of a bed on two (2) successive occasions will have their name(s) place on an inactive waiting list until they subsequently inform the Board of their desire to once again be placed on the active waiting list. Position on active waiting list will be determined by date Board notified of desire to return to active waiting list.

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.5 Veteran Resident’s Contribution to Cost of Care

The State Veterans Affairs Board shall set and may revise the daily charge for resident care in the SVNH as the Board deems prudent and necessary.

A. Every resident of the home shall be responsible for full payment of the nursing home care charge which must be paid in advance (remainder of month) upon admission and by the 10th day of each succeeding month. The nursing home care charges include: nursing care, laundry and room and board. The prorated monthly charge is due upon admission unless otherwise approved by the Executive Director.

B. Any new admissions will be responsible for the following items not covered by the nursing home care. These items include, but are not limited to: physician services, podiatry care, transportation to appointments not ordered by SVNH physicians, any specialized rehabilitation service, specialty beds and mattresses. The resident will be responsible for all costs for items not covered by the nursing home care charges. Any items not covered by Medicare/Medicaid or other insurance policy will be the sole responsibility of the resident.

C. Residents of the SVNH shall be responsible for any and all co- payments and/or deductibles for treatments, services, ancillaries, etc. that are billed to Medicare and/or other insurance.

D. MSVA is authorized to reimburse costs associated with returned checks, insufficient funds, or other expenses of collection to include labor costs.

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.6 Seventy Percent (70%) Service Connected Veterans

A. There shall be no SVNH resident daily charge for those residents in need of nursing home care for a VA adjudicated service-connected disability; or who have a singular or combined service-connected rating of seventy percent (70%) or more based on one or more service-connected disabilities or a rating of total (100%) disability based on individual unemployability and in need of nursing home care.

B. MSVA may not accept drugs and medicines from the VA on behalf of those veterans in need of nursing home care for a VA adjudicated service-connected disability; or who have

a singular or combined service connected rating of seventy percent (70%) or more based on one or more service-connected disabilities or a rating of total (100%) disability based on individual unemployability and in need of nursing home care.

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.7 Eligible Spouse and Un-Remarried Surviving Spouse Charges

Eligible spouses and un- remarried surviving spouses not entitled to VA per diem payments for care in a SVNH shall pay the full daily charge set by the Board, which is the current daily resident fee plus daily VA per diem reimbursement rate. These residents shall:

A. Pay for prescribed medications and drugs.

B. Be responsible for any and all co- payments and/or deductibles for treatments, services, ancillaries, etc. that are billed to Medicare and/or other insurance.

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.8 Non-veteran Resident Charges

A. The care charge for non-veteran residents of the Homes will be, at a minimum, double (2X) the rate paid by veteran residents. The prorated monthly charge is due upon admission unless otherwise approved by the Executive Director. The resident will be responsible for all costs for items not covered by the nursing home care charges.

B. All non-veteran residents shall be responsible for the cost of all drugs and medications administered while residing at the SVNH.

C. The following items are not covered by the nursing home care for non-veteran residents. These items include, but are not limited to: physician services, podiatry care, transportation to appointments not ordered by SVNH physicians, any specialized rehabilitation service, specialty beds and mattresses.

D. Any items not covered by Medicare/Medicaid or other insurance policy will be the sole responsibility of the resident.

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.9 Emergency Transportation

Residents shall be responsible for the cost of non- emergency transportation if their medical condition would make it unsafe to transport utilizing the MSVA vehicles. In addition, MSVA transportation, to other than VA appointments, will be provided on an as available basis. The resident will be responsible for arranging and paying for the cost of transportation in those instances where MSVA transportation is not available.

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.10 Indigent Veterans

An indigent veteran is defined as a single veteran or veteran with one dependent who, after SVNH care charged and Medicare Part B premiums are paid/deducted from

income, if single, and an amount equal to a single widow’s death pension benefit, if resident has one dependent remaining. An indigent veteran may be admitted to the SVNH under the following conditions (indigent funds will be used to make up the difference in veteran’s share of care costs):

A. The applicant must provide documentation of income and /or authorization for the Board to review Social Security, retirement, tax, or other pertinent sources of information to determine eligibility.

B. Must be a Mississippi resident at the time of application.

C. The balance, if any, of the personal funds account of a deceased indigent veteran shall be utilized to defray the cost of the burial or cremation of the deceased indigent veteran. Payment shall be made to the personal representative upon presenting to the Board proof of burial or cremation and expenses incurred.

D. A veteran having income and with dependent(s) will be allowed to retain an amount equal to the death pension that would be payable to the dependent.

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.11 Indigent Surviving Non-Veteran Spouse

An indigent surviving non-veteran spouse is defined as one admitted while the veteran spouse was a resident at a SVNH and who, subsequent to veteran resident’s death, after home care charges and Medicare Part B premiums are paid/deducted from income shall have less than $44.00 remaining. An indigent surviving non-veteran spouse may remain in a SVNH under the following conditions (indigent funds will be used to make up difference in surviving spouse's share of care costs):

A. The resident must provide documentation of income and /or authorization for MSVA to review social security, retirement, tax, or other pertinent sources of information to determine eligibility

B. The balance, if any, of the personal funds account of an indigent surviving non-veteran spouse shall be utilized to defray the cost of the burial or cremation of the indigent surviving non-veteran spouse. Payment shall be made to the personal representative upon presenting to the Board proof of burial or cremation and expenses incurred.

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.12 Discharge or Transfer of Resident

A. Failure of resident to follow all rules and regulations governing the SVNHs and to follow the course of treatment prescribed by the SVNH medical staff or the SVNH’s outside medical consultant is cause for discharge.

B. The Executive Director has the authority to discharge a resident based on the recommendation of physician with a right to appeal the discharge to the State Veterans Affairs Board.

C. Residents shall accept discharge from the Homes when medical and/or administrative review determines such action to be appropriate. Residents desiring discharge from the SVNH are required to provide a three (3) day notice. Failure to do so will result in resident being charged for three (3) days (care) beyond actual discharge date.

D. Failure to pay for nursing home care or repeated late payment shall result in dismissal from the SVNH. Each potential dismissal shall be reviewed on a case by case basis and should extenuating circumstances exist, the Executive Director may present the account to the Board for their recommendation. The Executive Director is authorized to use all state laws to recoup monies due the SVNH for nursing home care. Residents entering a SVNH and having insufficient funds to cover care costs (e.g. awaiting start/increase in VA pension benefits) or who, subsequent to admission allows an arrears in his/her care account to occur, must have all income come directly to the MSVA with the MSVA being authorized to deposit such income into the resident's personal funds account and to transfer such agreed upon amounts from that personal funds account for purposes of payment on the resident's care account. Branch Directors, with approval of the Executive Director, may waive requirement as stipulated in the preceding sentence.

E. If a resident account balance remains delinquent for forty-five (45) days, the account shall be turned over to the MSVA attorney for collection. Once the account balance has been delinquent for sixty (60) days, the resident may be discharged from the SVNH.

F. Residents desiring transfer to a different SVNH shall be responsible for all associated costs.

G. Residents of the SVNH shall accept transfer to other facilities, including those operated by the Department of Veterans Affairs, if medical condition, as determined by the SVNH 's medical staff, mandates. Any and all costs of treatment/care outside the SVNH are the responsibility of the resident/responsible parties.

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.13 Order and Rules of the SVNH

All veterans shall consent to abide by all rules and/or regulations governing the SVNH and to follow the course of treatment prescribed by the SVNH medical staff or outside medical consultants.

A. Any resident may elect to have his/her on physician provide care and treatment inside a SVNH. However, such physician will be subject to and must comply with all laws, regulations, and/or policies of the homes and/or regulatory agencies. The resident is responsible for ensuring that physician is in compliance as stated. If physician does not comply as stated, resident may be discharged.

B. Residents shall apply for all state and federal monetary/medical benefits for which he/she may be entitled. He/she shall be counseled about benefit entitlement by a representative of the MSVA.

C. Residents requiring dental care will be responsible for all associated costs.

D. Residents shall furnish their own items of personal clothing and bring with them any orthopedic appliances, braces, wheelchairs, walkers, etc. (beds excepted) which may have been issued to them by the Department of Veterans Affairs. (1) Any clothing or items brought in to the home for the resident should be given to staff at admissions or the nurses' station so that the clothing can be properly labeled by the laundry department and listed on the resident's inventory sheet.

(2) The nursing home is not responsible for the resident’s lost or damaged items of any kind.

E. Resident, upon admission, shall designate a beneficiary to receive all personal belongings, to include funds on deposit with SVNH, should the resident die or be incapacitated at the time of discharge.

F. Residents of a SVNH will not be permitted to operate or possess a motor vehicle on the grounds.

G. In order to insure the safety of the residents, a resident may leave the SVNH only after signing out.

(1) Residents may sign self out/in unless medically contraindicated, as documented by the physician in the individual's medical record or court order.

(2) If medically contraindicated, resident must be signed out/in and accompanied by a member of the MSVA staff, a family member or other responsible party.

H. There shall not be any income and /or net worth bar for admission to a SVNH.

I. Residents are encouraged to deposit excess personal funds with the SVNH. Such funds will be held on deposit in an interest-bearing account in a local bank account. There is no charge for this service.

J. If requested and appointed by appropriate authority, the Board will act as fiduciary for incompetent residents. However, the Board will NOT accept this appointment unless income from all sources is also under the Board's control. This is to permit the Board to be able to comply with regulations and policies requiring timely and accurate reporting of the resident's income and assets. A fiduciary is liable for the consequences of inaccurate and/or untimely reporting.

K. Residents shall recognize that the SVNH will be operated in full compliance with the Civil Rights Act without discrimination as to race, color, creed or religion.

L. Dietary Order Policy. It is the policy of the MSVA to follow the dietary order of the physician of the SVNH. The staff will not follow any diet order contrary to the order of the SVNH physician. Each resident must comply with the dietary order written by the SVNH physician for him/her. A resident’s failure, or failure of the family of the resident, to comply with this policy will result in the discharge of the resident from the SVNH.

M. Cardiopulmonary Resuscitation (CPR) Policy. In the event of cardiopulmonary arrest: (1) Basic CPR will be performed if there is a staff member available with the requisite skills and knowledge to perform basic CPR, UNLESS, in the opinion of the physician, this intervention is medically unnecessary or inappropriate OR the resident (or surrogate) has directed AGAINST this action.

(2) An ambulance will be summoned unless, in the opinion of the physician, this intervention is medically unnecessary or inappropriate.

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.14 Bedhold After Acceptance To SVNH

An applicant, once offered a bed at a SVNH, will be allowed four (4) working days (with day bed offered counting as the 1st day), from date bed is offered, to be admitted. If applicant wishes the bed to be held beyond the allowed four (4) working days, applicant is responsible for payment of the regular daily resident's charge plus the current daily VA per diem rate for each day, beyond the allowed days, that the bed is held.

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.15 Bedhold for Hospitalization or Voluntary Pass

Per diem will be paid for a bed hold only if the qualified veteran has established residency by being in the facility for 30 consecutive days (including overnight stays) and the facility has an occupancy rate of 90 percent or greater. In addition, per diem for a bed hold will be paid only for the first ten (10) consecutive overnight absences at a VA or other hospital (this could occur more than once in a calendar year) and for the first twelve (12) other types of overnight absences (pass) in a calendar year.

A. Hospitalization

(1) If the veteran has not established residency by being in the facility for thirty (30) consecutive days (including overnight stays) prior to hospitalization, the veteran will pay the current daily resident charge for up to fourteen (14) consecutive overnight absences at a VA or other hospital in order for the veteran’s bed to be held at the SVNH.

(2) If the veteran has established the thirty (30) day residency, then the veteran will pay the current daily resident charge for up to ten (10) consecutive overnight absences at a VA or other hospital in order for the veteran’s bed to be held at the SVNH. However, if the veteran is rated as in need of nursing home care for a VA adjudicated service-connected disability; or the veteran has a singular or combined service connected rating of seventy percent (70%) or more based on one or more service-connected disabilities or a rating of total (100%) disability based on individual unemployability, the veteran will not have a charge to hold his bed at the SVNH for the first ten (10) consecutive overnight absences at a VA or other hospital.

(3) If the veteran has established the thirty (30) day residency, but the hospitalization exceeds ten (10) consecutive overnight absences at a VA or hospital, a veteran who has a singular or combined service connected rating of seventy percent (70%) or more based on one or more service-connected disabilities or a rating of total (100%) disability based on individual unemployability must pay a bed hold rate consisting of a

combination of the current daily resident charge and the current VA daily per diem reimbursement rate. All other veterans will continue to pay only the current resident daily rate.

(4) However, any resident who is hospitalized for more than 14 consecutive days shall be discharged from the facility. The resident will remain responsible for charges set forth in preceding paragraphs until the actual date of discharge from the SVNH. Upon discharge from the hospital, the resident will be given priority placement at one of the SVNH various locations.

B. Voluntary Pass Other Than Hospitalization. If the resident is on pass other than for hospitalization, the bed will be held for the resident as follows:

(1) If the veteran has not established residency by being in the SVNH for thirty (30) consecutive days (including overnight stays) prior to being on voluntary pass, the veteran is responsible for payment of regular daily resident's charge for each day on pass plus the current daily VA per diem rate for each day on pass.

(2) If the veteran has established residency, and the veteran returns to the SVNH after having been on pass for less than twelve (12) days in a calendar year, the veteran is responsible for payment of only the regular daily resident's charge for each day he/she was on pass. However, if the veteran is rated as in need of nursing home care for a VA adjudicated service-connected disability; or the veteran has a singular or combined service connected rating of seventy percent (70%) or more based on one or more service- connected disabilities or a rating of total (100%) disability based on individual unemployability, the veteran will not have a charge to hold his bed at the Home for the first twelve (12) days in a calendar year.

(3) Any veteran who remains away from the SVNH for more than twelve (12) days in a calendar year, he/she is responsible for payment (beginning with the 13th day) of the regular daily resident's charge for each day on pass plus the current daily VA per diem rate for each day on pass. This adjustment to the charge for nursing home care is necessary to cover the loss of VA per diem (which helps keep the regular rate down).

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.16 Private Rooms

The policy and priority for private room assignment is as follows: A. Contagious or infectious disease;

B. Oxygen or terminally ill resident, or a resident who would suffer a negative impact on his/her medical condition as documented by the SVNH physician.

C. Female admissions (where private room is available and female is #1 on the waiting list and home occupancy would preclude admittance of the female); and

D. First-come first-serve basis. Any occupant of a private room, due strictly to the choosing of the resident, will be charged an additional amount per month for each month in which a

private room is occupied, regardless of length of occupancy. Said amount will be determined by the Board.

E. Private room occupants in categories A, B, and/or C will vacate the private room when the conditions(s) and/or situation is resolved. Private room occupants from category D will be required to vacate the private room for category A, B, and/or C residents on a last in, first out basis. The vacated resident would be placed back at the top of the first-come first- served waiting list.

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.17 Searches

The following policy shall be enforced to assist in deterring theft of residents', visitors’ and employees' personal property; and property belonging to the State of Mississippi.

A. The SVNHs may conduct unannounced searches, for illegal drugs, alcohol, or stolen property, of items and vehicles owned by the State of Mississippi, employees, residents, and/or visitors on SVNH premises at any time without reasonable suspicion. This includes desks, lockers, etc. All individuals are expected to cooperate during such searches.

B. Searches of employees, residents, and /or visitors and their personal property may be conducted on random basis or when there is reasonable suspicion to believe that such searches will be limited to requesting the removal of hats, shoes, coats, or other outerwear, purses and other unsecured personal possessions for search purposes, asking that individual(s) turn their pockets, and observing what is in plain sight. Purses, briefcases, bags and any other parcels may also be completely searched on a random basis or when there is reasonable suspicion to believe that the individual(s) may have non-permitted contraband or stolen items in their possession.

C. Searches of vehicles maybe conducted when on a random basis or when there is reasonable suspicion that illegal drugs, alcohol, or stolen goods are in the vehicle.

D. An employee's consent to this search is required as a condition of employment and the employee's refusal to consent may result in disciplinary action including termination even for a first refusal. A resident's consent to this search is a condition for admittance and continued residency. A resident's refusal to consent will result in discharge even for a first refusal. A visitor's refusal to consent may result in visitor's being barred from the facility.

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.18 Advanced Directives

A competent person, of legal age, has the right to accept or refuse medical or surgical treatment. In general, an individual has the right to make health care decisions for himself/herself. Generally, if you are a competent adult, you can consent to any treatment of care which will become effective if the individual is no longer competent to make treatment decisions. These instructions are commonly referred to as "Advance Directives."

A. The State Veterans Affairs Board will provide a copy of its advanced directives policy to all applicants, for admission to a SVNH, as part of the application package.

B. All SVNH social workers will provide the resident or personal representative with written information concerning advanced directives and rights under law and on the facility's policies regarding advanced directives and refusal of medical treatment.

C. An Advanced Directive can be a LIVING WILL, A DURABLE POWER OF ATTORNEY FOR HEALTH CARE, or other evidence of the individual's wishes concerning health care decisions.

(1) A Living Will is a directive to be allowed to die naturally. The Living Will comes into play only when the attending physician, along with two (2) other physicians, believes that the individual will not regain consciousness or a state of health that is meaningful to the individual and but for the use of life -sustaining mechanisms, the individual would soon die.

(2) A Durable Power of Attorney for Health Care (DPAHC) is a document where an individual designates someone as their agent to make health care decisions for them if they are unable to make such a decision. The DPAHC comes into play when the individual cannot make a health care decision either because of a permanent or temporary illness or injury. The DPAHC must specifically authorize the individual's attorney in fact to make health care decisions for the individual and must contain the standard language set out in the law. Otherwise, the DPAHC can contain any instruction which the individual wishes.

(3) Decisions to accept or refuse treatment, internal nutrition via feeding tubes or gastric devices, and/or artificial hydration rest with the resident or appropriate legal representative. The SVNH and employees have no official opinion on the care and treatment decisions of the individual residents.

(4) It is the policy of MSVA to follow the directions given by each resident with regard to accepting or refusing treatment to the extent permitted by law and within State Veterans Affairs Board policy.

(5) No individual shall be discriminated against or have care conditioned on whether the individual has executed any advance directive.

History

• Source: Miss. Code Ann. § 35-1-27 (Rev. 2023).

25 Miss. Admin. Code Pt. 102, R. 4.19 Succession of Surrogates

If an incompetent resident did not execute and advance directive specifying care and treatment decisions while still competent, State Veterans Nursing Homes will consult with the appropriate person from the following list of successions: A. Attorney-in-fact (designated by the Durable Power of Attorney for Health Care); B. Court appointed guardian; C. Spouse; D. Adult children (all adult children are co-equal); E. Parent(s) F. Adult siblings (all adult siblings are co-equal); and G. Grandparents (maternal and paternal grandparents are co-equal if the father is authorized and is legitimate, otherwise, maternal grandparents shall have priority over paternal grandparent).

Chapter 5 Mississippi Veterans Memorial Cemetery (MVMC)

25 Miss. Admin. Code Pt. 102, R. 5.1 Eligibility For Burial in the Mississippi Veterans Memorial Cemetery

A. Eligibility criteria for interment in the MVMC is the same as required for interment in a national cemetery as provided by federal law (Title 38 U.S.C.) and rules and regulations applicable thereto, to the extent that these laws and regulations do not conflict with the laws of the State of Mississippi.

B. Generally, burial in the MVMC is open to all members of the Armed Forces and Veterans who have met minimum service duty requirements and have been discharged under honorable conditions. Their lawfully married spouse, widow or widower, minor children, and under certain conditions, unmarried adult children are also eligible for burial. Eligible spouses may be buried, even if they predecease the veteran. Members of the reserve components of the Armed Forces who die while on active duty or while performing training duty, or who have 20 years of service in reserve components of the Armed Forces credible for retired pay, may also be eligible for burial.

C. Specific eligibility:

(1) Shall be determined by the cemetery staff in accordance with criteria set forth in federal law and as defined in U.S. Department of Veterans Affairs regulation(s), to the extent that these laws and regulations do not conflict with the laws of the State of Mississippi. The Cemetery Director shall be responsible for ensuring that burials are conducted only for eligible veterans and/or spouses/dependents.

(2) In any case where Cemetery Director determines an individual is ineligible for burial, request must be immediately forwarded to the Executive Director for review and decision. The Executive Director shall retain authority for any disapproval determination.

(3) In any case where eligibility is denied, next of kin or responsible party/entity may appeal that decision to the Board.

History

• Source: Miss. Code Ann. § 35-1-41 (4) (Rev. 2024).

25 Miss. Admin. Code Pt. 102, R. 5.2 Request(s) for burial in the Mississippi Veterans Memorial Cemetery

A. At the time of need, the next of kin, responsible party, or the family's funeral director of choice makes arrangements directly with MVMC staff.

B. Before burial can take place, cemetery staff must verify the veteran's eligibility. To enable staff to do this, the next of kin or funeral director must provide the staff with a copy of the veteran's military discharge papers, or the veteran's military service number, social security, or VA claim numbers. No burial may be conducted prior to verification of eligibility.

C. Gravesite reservations cannot be made in advance.

History

• Source: Miss. Code Ann. § 35-1-41 (4) (Rev. 2024).

25 Miss. Admin. Code Pt. 102, R. 5.3 Cost of burial

In the case of eligible veterans, there will, generally, be no cost.

A. U.S. Department of Veterans Affairs burial plot allowance will be paid to the MVMC.

B. Headstone (upright white marble) or niche cover (as appropriate) will be provided by the U.S. Department of Veterans Affairs.

C. In accordance with U.S. Department of Veterans Affairs regulation/policy, an eligible veteran may only receive a one-time burial allowance and headstone benefit. In the rare case where this benefit may have been previously exhausted, the next of kin or responsible party (as appropriate) will be responsible for any incurred cost(s).

D. There will be a minimal cost for the burial of eligible spouse and/or dependents. Cost, consistent actual cost incurred, shall be determined and approved by the Board.

History

• Source: Miss. Code Ann. § 35-1-41 (4) (Rev. 2024).

25 Miss. Admin. Code Pt. 102, R. 5.4 Cemetery Operations

A Cemetery standard operating procedure (SOP) shall be developed and approved by the Executive Director. The procedure shall include, but is not limited to, hours of operation, requirements for care, maintenance and operation of the cemetery and any other information as may be deemed necessary for safe and efficient Cemetery operations. The SOP shall be readily available for public review.

History

• Source: Miss. Code Ann. § 35-1-41 (4) (Supp. 2010).

Chapter 6 Persian Gulf War Memorial Wall

25 Miss. Admin. Code Pt. 102, R. 6.1 Eligibility for Inclusion on Persian Gulf War Memorial Wall

A. Service Member (1) Was Member of the United States Armed Forces and,

(2) Died during the period 2 August 1990 – a date determined by law or Presidential Proclamation and,

(3) Died as a result of:

a. Hostile action in the Persian Gulf Area of Operations (as defined by DOD), or

b. Injuries received while serving in the Persian Gulf Area of Operations, or c. Terrorist attack.

B. Service Member is considered a Mississippi resident (for inclusion) if:

(1) A Mississippi resident, as indicated by military documents, at time of death or,

(2) Mississippi is Service Member’s Home of Record, as indicated by military documents or,

(3) Member was assigned to a Mississippi based unit at time of death.

History

• Source: Miss. Code Ann. § 35-1-43 (Rev. 2021).

Part 103 Public Record Request

Chapter 1 Public Record Request

25 Miss. Admin. Code Pt. 103, R. 1.1 Purpose

To ensure the privacy of individuals served by the MSVA and the SVNHs and to comply with the laws of the State of Mississippi and federal regulations.

History

• Source: Miss. Code Ann. § 43-11-16 (Rev. 2009).

25 Miss. Admin. Code Pt. 103, R. 1.2 Release of Patient/Resident Information

Information concerning a current or former patient/resident shall be released only:

A. Upon written authorization of the patient/resident.

B. For an active resident, when requested by a person with legal authority to make health care decisions, a court-appointed legal guardian or a general power of attorney.

C. For a deceased resident, when requested by a person with legal authority to act on behalf of the decedent or the estate (e.g., executor of the estate, next of kin or other family member).

D. To his attending medical personnel and his duly authorized nominees.

E. Upon order of a court of competent jurisdiction.

F. When the continued treatment of the patient/resident requires the exchange of information between the Board, MSVA, SVNHs and other treatment facilities.

G. When in the opinion of the Director of the facility, release of information is necessary for the determination of benefits, compliance with statutory reporting requirements, or other lawful purpose.

H. Nothing in this section shall be construed to deny access to medical records by the Attorney General, the licensing agency, or his or its agents and investigators in the discharge of their official duties under state law.

History

• Source: Miss. Code Ann. § 43-11-16 (Rev. 2009).

25 Miss. Admin. Code Pt. 103, R. 1.3 Request for Documents

When information is requested:

A. The appropriate facility must be in receipt of written authorization or authority for release of information prior to any search of records.

B. Upon request for release, the facility will make every effort to comply with request within five (5) working days. If for some reason this is impractical, the facility will notify the person requesting the information of the delay and the approximate time the information will be available.

C. Request for information must be specific as to whether all available information or what part thereof is being requested.

History

• Source: Miss. Code Ann. § 43-11-16 (Rev. 2009).

25 Miss. Admin. Code Pt. 103, R. 1.4 Costs

A. Estimates as to cost will be made upon request.

B. Fees charged will be according to the following schedule: Photocopies - $20.00 for the first twenty pages; $1.00 per page for the next 80 pages; $ .50 per page for all pages thereafter. Ten percent of the total charge may be added for postage and handling. $15.00 may be recovered by the MSVA for retrieving medical records in archives at a location off the premises where the facility/office is located.

C. Requested information will not be released until fees are paid.

History

• Source: Miss. Code Ann. § 43-11-16 (Rev. 2009).

Chapter 2 Request for Public Information

25 Miss. Admin. Code Pt. 103, R. 2.1 Purpose

To ensure that public documents are disseminated according to statutory requirements.

History

• Source: Miss. Code Ann. § 25-61-1, et seq. (Rev. 2009).

25 Miss. Admin. Code Pt. 103, R. 2.2 Definitions

A. Public Record: A public record shall mean any book, record, paper, account, letter, map, photograph, film, card, tape, recording or reproduction thereof, and any other documentary material, regardless of physical form or characteristic, having been used, being in use or prepared, possessed or retained for use in the conduct, transaction or performance of any business, transaction work, duty or function of the Board or SVNH (hereinafter “SVNH”), or required to be maintained by the Board or a SVNH.

B. Non-exempt Record: A non-exempt record is that part of a public record which does not fall under one of the exceptions to or exemptions from disclosure in the Public Records Act.

C. Identifiable Record: A record is identifiable if a reasonable specific description of the record has been given, such as the date of the record, the subject matter, division of person involved, etc. which will permit location or retrieval of the record.

D. Working Day: A working day is any day other than a weekend, state holiday, or other day on which by executive order the MSVA or a SVNH administrative office is closed or all the administrative employees are authorized to be absent.

History

• Source: Miss. Code Ann. § 25-61-1, et seq. (Rev. 2019).

25 Miss. Admin. Code Pt. 103, R. 2.3 Availability of Records

Access of all non-exempt record of the Board, MSVA, or a SVNH will be allowed during regular business hours (8:00 to 5:00 on working days). These records will be made available for inspection and/or copying. If any public record which is held to be exempt from disclosure, as designated below, contains material which is not exempt, the MSVA or the SVNH shall separate and make the non-exempt material available for examination and/or copying.

History

• Source: Miss. Code Ann. § 25-61-1, et seq. (Rev. 2009).

25 Miss. Admin. Code Pt. 103, R. 2.4 Procedures for Handling Public Record Requests

A. A request for information under the Mississippi Public Records Act shall be submitted in writing to the Mississippi Veterans Affairs, Office of the Executive Director, or directly to the Administrator of each of the four State Veterans Nursing Homes.

B. All requests for information should be marked “Request for Public Documents,” and shall identify the records, give the name, address, and telephone number of the requesting party, and must be signed by the requesting party. This requirement may be waived on a case by case basis by the Executive Director or his designee to facilitate the orderly and timely release of the information.

C. MSVA or SVNH shall respond to the request in writing within fourteen (14) working days from the date of request. Denials shall contain the specific reasons for the denial. Copies of all denials shall be maintained on file by MSVA or SVNH for not less than three (3) years from the date the denial is made. The person making the request may appeal any denial directly to the Executive Director.

D. If the records will be disclosed, the Board, MSVA, or SVNH will give an estimate of the total cost, if any, for the compliance with the request. If the estimate is agreeable to the requestor, MSVA or SVNH will produce the records requested no later than fourteen (14) working days from the date the request was received. Payments must be made by case, money order, or cashier’s check prior to the requestor receiving the materials.

E. Records furnished to MSVA by third parties, which are not public bodies as defined in the Public Records Act, will not be released until notice to the third parties has been

given. The records shall be released in twenty-one (21) days unless the third party obtains a court order protecting the records as confidential.

History

• Source: Miss. Code Ann. § 25-61-1, et seq. (Rev. 2022).

25 Miss. Admin. Code Pt. 103, R. 2.5 Exempt Records

Any record expressly exempted from the Public Records Act or any record specifically declared to be confidential or privileged by any other Mississippi or Federal statute or constitutional provision shall not be subject to mandatory inspection and copying. Those records which are specifically exempt by Mississippi statute and which fall within the jurisdiction of the Board, MSVA, and/or SVNH include the following:

A. 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. Employee consent to release information shall be recorded in writing. This shall not be construed to prohibit the disclosure of the following information about employees: name, address, date of employment, length of employment, qualifications, and salary;

B. Test questions and answers which are to be used in employment examinations;

C. Letters of recommendation respecting any application for employment;

D. Records which represent and constitute the work product of any attorney and which are related to litigation initiated by or against the Board, MSVA, and/or SVNH or in anticipation of prospective litigation, including all communications between such attorney made in the course of an attorney/client relationship;

E. 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;

F. Trade secrets and commercial or financial information obtained from outside government to the extent that disclosure would result in substantial harm to the competitive position of the person from whom or about whom the information was obtained;

(1) For the purpose of providing advance notice to submitters of trade secret or confidential commercial or financial information, twenty-one (21) days from the submitter’s receipt of written notice shall be deemed a reasonable time for the disclosure of the requested records in the absence of a court order to the contrary.

G. Investigator records compiled for law enforcement purposes, security purposes, or employment purposes, to the extent that the records could:

(1) deprive a person of a right to a fair trial or an impartial administrative adjudication;

(2) disclose the identity of a confidential source;

(3) disclose investigative techniques and procedures not generally known outside of government;

(4) endanger the life or physical safety of law enforcement or investigative personnel; or,

(5) disclose matters under criminal investigation or consideration for criminal investigation by any investigatory or prosecutorial agency.

History

• Source: Miss. Code Ann. § 25-61-1, et seq. (Rev. 2022).

25 Miss. Admin. Code Pt. 103, R. 2.6 Fees

A. Any person desiring copies of public records who does not officially represent a public body, as defined in the Public Records Act, shall be entitled to obtain mechanically reproduced copies at a charge of $ .25 per page. Official representatives of public bodies, as defined, shall be entitled to reasonable copies of such records with no charge.

B. If the searching, reviewing, duplicating or separating of non-exempt material from documents, etc., containing exempt material requires more than one hour of work, then any requesting party may be charged for the work time above an hour in addition to a mechanical reproduction charge of $ .25 per page. The charge of the hours shall be based upon the hourly salary of the lowest paid employee of the MSVA qualified to do the job.

C. Mailing costs calculated at the applicable United States Postal Services rates shall be charged where appropriate. The cost of mailing a notice to third parties via certified mail, return receipt requested, shall be charged to persons requesting the public records.

History

• Source: Miss. Code Ann. § 25-61-1, et seq. (Rev. 2009).

Chapter 3 Declaratory Opinions

25 Miss. Admin. Code Pt. 103, R. 3.1 Application of Chapter

This chapter sets forth the State Veterans Affairs Board rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and the Board’s procedures regarding the disposition of requests as required by Mississippi Code § 25-43-2.103.

History

• Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

25 Miss. Admin. Code Pt. 103, R. 3.2 Scope of Declaratory Opinions

The State Veterans Affairs Board will issue declaratory opinions regarding the applicability to specified facts of:

A. a statute administered or enforceable by the Board,

B. a rule promulgated by the Board, or

C. an order issued by the Board.

History

• Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

25 Miss. Admin. Code Pt. 103, R. 3.3 Scope of Declaratory Opinion Request

A request must be limited to a single transaction or occurrence.

History

• Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

25 Miss. Admin. Code Pt. 103, R. 3.4 How to Submit Requests

When a person with substantial interest, as required by Section § 25-43-1.103 of the Administrative Procedures Act, requests a declaratory opinion, the requestor must submit a printed, typewritten, or legibly handwritten request.

A. Each request must be submitted on 8-1/2” x 11” white paper.

B. The request may be in the form of a letter addressed to the Board or MSVA or in the form of a pleading as if filed with a court.

C. Each request must include the full name, telephone numbers, and mailing address of the requestor(s).

D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

E. Each request must clearly state that it is a request for a declaratory opinion.

History

• Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

25 Miss. Admin. Code Pt. 103, R. 3.5 Signature Attestation

Any party who signs the request shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative, or judicial tribunal.

History

• Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

25 Miss. Admin. Code Pt. 103, R. 3.6 Request Content Requirement

Each request must contain the following:

A. A clear identification of the statute, rule, or order at issue;

B. The question for the declaratory opinion;

C. A clear and concise statement of all facts relevant to the question presented;

D. The identity of all other known persons involved in or impacted by the facts giving rise to the request including their relationship to the facts, and their name, mailing address, and telephone number; and

E. A statement sufficient to show that the requestor has a substantial interest in the subject matter of the request.

History

• Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

25 Miss. Admin. Code Pt. 103, R. 3.7 Reasons for Refusal of Declaratory Opinion Request

The Board and/or MSVA may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

A. The matter is outside the primary jurisdiction of the Board;

B. Lack of clarity concerning the question presented;

C. There is pending or anticipated litigation, administrative action or anticipated administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

D. The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

E. The facts presented in the request are not sufficient to answer the question presented;

F. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

G. The request seeks to resolve issues which have become moot or are abstract or hypothetical such that the requestor is not substantially affected by the rule, statute, or order on which a declaratory opinion is sought;

H. No controversy exists or is certain to arise which raises a question concerning the application of the statute, rule, or order;

I. The question presented by the request concerns the legal validity of a statute, rule, or order;

J. The request is not based upon facts calculated to aid in the planning of future conduct, but is, instead, based on past conduct in an effort to establish the effect of that conduct;

K. No clear answer is determinable;

L. The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime;

M. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

N. The question is currently the subject of an Attorney General's opinion request;

O. The question has been answered by an Attorney General's opinion;

P. One or more requestors have standing to seek an Attorney General’s opinion on the proffered question;

Q. A similar request is pending before this agency, or any other agency, or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law; or

R. The question involves eligibility for a license, permit, certificate or other approval by the Board and/or MSVA or some other agency and there is a statutory or regulatory application process by which eligibility for said license, permit, or certificate or other approval may be determined.

History

• Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

25 Miss. Admin. Code Pt. 103, R. 3.8 Agency Response

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the State Veterans Affairs Board shall, in writing:

A. Issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances;

B. Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request; or

C. Decline to issue a declaratory opinion, stating the reasons for its action. The forty-five (45) day period shall begin on the first business day after which the request is received by the Board and/or MSVA.

History

• Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

25 Miss. Admin. Code Pt. 103, R. 3.9 Availability of Declaratory Opinions and Requests for Opinions

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by name, subject, and date of issue. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

• Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

VETERANS HOME PURCHASE BOARD VETERANS HOME PURCHASE BOARD

Part 201 Part 201: Organization and Executive Policies and Procedures

Chapter 1 Organization of the Veterans’ Home Purchase Board

25 Miss. Admin. Code Pt. 201, R. 1.1 Chapter Content

In accordance with Section 25-43-2.104(a) of the Mississippi Administrative Procedures Act, this chapter describes the Veterans’ Home Purchase Board’s duties and responsibilities, the organization of the Veterans’ Home Purchase Board, its methods of operations, and how the public can contact the agency to make submissions or requests.

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 201, R. 1.2 Veterans’ Home Purchase Board Duties

The Veterans’ Home Purchase Board (VHPB) is an Agency of the State of Mississippi. This Agency is governed under the Mississippi Code 1972: Sections §35-7-1 through §35-7-51. The Agency is charged with the duty to provided funding for Residential Mortgage Loans to qualified Mississippi Veterans.

Rule1.3 Veterans’ Home Purchase Board’s Office Organization. The Veterans’ Home Purchase Board consists of a six member Board of Directors that is appointed by the Governor with the advice and consent of the Senate, an Executive Director, three department heads (Mortgage Origination, Servicing, and Finance / Accounting), and other staff who assist the Executive Director and department heads in carrying out the responsibilities of the Agency.

History

• Source: Miss. Code Ann. §35-7-3 and §35-7-7
• Source: Miss. Code Ann. § 35-7-7

25 Miss. Admin. Code Pt. 201, R. 1.5 Contact Information

A current listing of contact information for the Veterans’ Home Purchase Board’s office may be found at www.vhpb.state.ms.us or obtained by calling (601) 576-4800.

History

• Source: Miss. Code Ann. §35-7-7

Chapter 2 Rulemaking Oral Proceedings

25 Miss. Admin. Code Pt. 201, R. 2.1 Application of Chapter

This chapter applies to all oral proceedings held for the purpose of providing the public an opportunity to make oral presentations or written input on proposed new rules, amendments to rules, and proposed repeal of existing rules before the Veterans’ Home Purchase Board’s Office pursuant to the Administrative Procedures Act.

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 201, R. 2.2 Request for Oral Proceeding

When a political subdivision, an agency, or a citizen requests an oral proceeding in regards to a proposed rule adoption, the requestor must submit a printed, typewritten, or legibly handwritten request.

A. Each request must be submitted on 8-1/2” x 11” white paper. B. The request may be in the form of a letter addressed to the Veterans’ Home Purchase Board or in the form of a pleading as if filed with a court. C. Each request must include the full name, telephone numbers, and mailing address of the requestor(s). D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 201, R. 2.3 Notice of Oral Proceeding

Notice of the date, time, and place of all oral proceedings shall be filed with the Secretary of State’s Office for publication in the Administrative Bulletin. The Veterans’ Home Purchase Board shall provide notice of oral proceedings to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of the notice with the Secretary of State. The Executive Director, or designee who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 201, R. 2.4 Public Participation Guidelines

Public participation shall be permitted at oral proceedings in accordance with the following:

A. At an oral proceeding on a proposed rule, persons may make statements and present documentary and physical submissions concerning the proposed rule. B. Persons wishing to make oral presentations at such a proceeding shall notify the Veterans’ Home Purchase Board at least three business days prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not contacted the Veterans Home Purchase Board prior to the proceeding. C. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer. D. The presiding officer may place time limitations on individual presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views. E. Persons making presentations are encouraged to avoid restating matters that have already been submitted in writing. Written materials may, however, be submitted at the oral proceeding. F. Where time permits and to facilitate the exchange of information, the presiding officer may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making

proceeding, including any prior written submissions made by those participants in that proceeding. No participant shall be required to answer any question.

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 201, R. 2.5 Submissions and Records

Physical and Documentary Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Veterans’ Home Purchase Board, part of the rulemaking record, and are subject to the Veterans’ Home Purchase Board’s public records request procedure. The Veterans’ Home Purchase Board may record oral proceedings by stenographic or electronic means.

History

• Source: Miss. Code Ann. §35-7-7

Chapter 3 Declaratory Opinions

25 Miss. Admin. Code Pt. 201, R. 3.1 Application of Chapter

This chapter sets forth the Veterans’ Home Purchase Board’s rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and the Veterans’ Home Purchase Board’s procedures regarding the disposition of requests as required by Mississippi Code § 25-43-2.103.

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 201, R. 3.2 Scope of Declaratory Opinions

The Veterans’ Home Purchase Board will issue declaratory opinions regarding the applicability to specified facts of:

A. a statute administered or enforceable by the Veterans’ Home Purchase Board, B. a rule promulgated by the Veterans’ Home Purchase Board, or C. an order issued by the Veterans’ Home Purchase Board.

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 201, R. 3.3 Scope of Declaratory Opinion Request

A request must be limited to a single transaction or occurrence.

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 201, R. 3.4 How to Submit Requests

When a person with substantial interest, as required by Section 25-43-2.103 of the Administrative Procedures Act, requests a declaratory opinion, the requestor must submit a printed, typewritten, or legibly handwritten request.

A. Each request must be submitted on 8-1/2” x 11” white paper. B. The request may be in the form of a letter addressed to the Veterans’ Home Purchase Board or in the form of a pleading as if filed with a court.

C. Each request must include the full name, telephone numbers, and mailing address of the requestor(s). D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request. E. Each request must clearly state that it is a request for a declaratory opinion.

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 201, R. 3.5 Signature Attestation

Any party who signs the request shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative, or judicial tribunal.

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 201, R. 3.6 Request Content Requirement

Each request must contain the following:

A. A clear identification of the statute, rule, or order at issue; B. The question for the declaratory opinion; C. A clear and concise statement of all facts relevant to the question presented; D. The identity of all other known persons involved in or impacted by the facts giving rise to the request including their relationship to the facts, and their name, mailing address, and telephone number; and E. A statement sufficient to show that the requestor has a substantial interest in the subject matter of the request.

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 201, R. 3.7 Reasons for Refusal of Declaratory Opinion Request

The Veterans’ Home Purchase Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

A. The matter is outside the primary jurisdiction of the Veterans’ Home Purchase Board; B. Lack of clarity concerning the question presented; C. There is pending or anticipated litigation, administrative action or anticipated administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary; D. The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request; E. The facts presented in the request are not sufficient to answer the question presented; F. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

G. The request seeks to resolve issues which have become moot or are abstract or hypothetical such that the requestor is not substantially affected by the rule, statute, or order on which a declaratory opinion is sought; H. No controversy exists or is certain to arise which raises a question concerning the application of the statute, rule, or order; I. The question presented by the request concerns the legal validity of a statute, rule, or order; J. The request is not based upon facts calculated to aid in the planning of future conduct, but is, instead, based on past conduct in an effort to establish the effect of that conduct; K. No clear answer is determinable; L. The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime; M. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure; N. The question is currently the subject of an Attorney General's opinion request; O. The question has been answered by an Attorney General's opinion; P. One or more requestors have standing to seek an Attorney General’s opinion on the proffered question; Q. A similar request is pending before this agency, or any other agency, or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law; or R. The question involves eligibility for a license, permit, certificate or other approval by the [Agency] or some other agency and there is a statutory or regulatory application process by which eligibility for said license, permit, or certificate or other approval may be determined.

Rule 3.8: Agency Response: Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Veterans’ Home Purchase Board shall, in writing:

A. Issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances; B. Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request; or C. Decline to issue a declaratory opinion, stating the reasons for its action.

The forty-five (45) day period shall begin on the first business day after which the request is received by the Veterans’ Home Purchase Board.

Rule 3.9: Availability of Declaratory Opinions and Requests for Opinions: Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by name, subject, and date of issue. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

• Source: Miss. Code Ann. §35-7-7
• Source: Miss. Code Ann. §35-7-7
• Source: Miss. Code Ann. §35-7-7

Part 202 Part 202: Loan Policies

Chapter 1 Loan Refinancing Policy

25 Miss. Admin. Code Pt. 202, R. 1.1 Limitation

The Veteran’s Home Purchase Board shall not consider an application to refinance a home with long term financing already in place with a lending institution, individual, or other entity, other than herein described.

History: Adopted - April 20, 1999; Revised - December 8, 2000, February 28, 2013

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 1.2 Conditions

The Board shall consider, on a case by case basis, refinancing of loans under the following conditions:

A. If a veteran has a temporary loan originally made for the purpose of acquiring the house. (The Board has defined a temporary loan as a loan with an initial term of three years or less. Balloon notes with an initial balloon date of Seven (7) years or less may be considered a temporary loan provided that it can be determined that the intent of this loan is temporary due to construction, repairs, the lack of available permanent financing or other such verifiable reason.) B. If a veteran has a loan in place with a variable rate of interest, terms or payments, and the loan was made with temporary intent. If such loans have a pre-payment penalty, the Board will construe that the lender has an objection to an early payoff and that the loan was not made with temporary intent. C. If a veteran is experiencing a hardship due to no fault of his or her own, and is in jeopardy of losing his or her home, and the refinancing will help prevent the loss of the home. A case of this nature is to be reviewed by the Board on a case-by- case basis. If the loan securing the home has a prepayment clause, the Board will ascertain the benefit of an early payoff of the loan on a case-by-case basis. Any prepayment penalty and /or closing costs may be included in the new loan amount financed subject to VA rules and regulations regarding refinancing. D. If a veteran has obtained a construction loan in order to build a house. The Veteran’s Home Purchase Board may pay off any loans or liens pertaining to the land or construction of the house once the house is completed and as long as the loan is not a permanent loan. This is subject to VA rules and regulations. E. When it is determined by the Board of Directors of the VHPB that due to the state of the economy, the mortgage market or other reason or condition that may have

an adverse effect on the trust fund or present mortgage customers, the Board may at its discretion allow for the refinance of portfolio loans provided the following:

1. Funds are available to the Board from the issuance of its notes or bonds in amounts in excess of the funds required for applicants on a waiting list for their first loan from the Board. 2. The veteran has an outstanding mortgage or mortgages (one must be with this agency) on the property to be refinanced. 3. The refinanced loan must comply with the Department of Veterans Affairs guaranteed loan program guidelines for refinance. 4. The refinance loan shall be limited to the payoff of the existing mortgages plus the closing costs of the transaction and further limited to eighty percent (80%) of the property value or amount of the Department of Veterans Affairs guaranty available on the refinance loan not to exceed the Agency’s limits. 5. The Board may establish interest rates, terms and conditions on refinance loans which may differ from original loans made by the board. 6. The loan or loans to be refinanced must have a payment record of no payments thirty (30) days late for the past 24 months. 7. A second mortgage held by another lender will be allowed to subordinate to our first mortgage on a case by case basis. In all of the above cases, the Board shall ascertain that the veteran has not obtained and continued any form of temporary financing for the purpose of waiting for financing by the Board when he could have previously obtained adequate permanent financing.

History: Adopted - April 20, 1999; Revised - December 8, 2000, February 28, 2013

History

• Source: Miss. Code Ann. §35-7-7

Chapter 2 Non-Guaranteed Loan

25 Miss. Admin. Code Pt. 202, R. 2.1 Definition

The definition of a non-guaranteed loan is a loan made to a veteran by the Veterans’ Home Purchase Board not utilizing the Department of Veterans Affairs Guaranty Program. The veteran must still have a valid certificate of eligibility from the Department of Veterans Affairs.

History: Adopted - February 16, 1995; Revised - December 8, 2000

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 2.2 Eligibility

In order for a veteran to be considered for a non-guaranteed loan through the Veterans’ Home Purchase Board he/she must make an initial payment of at least twenty percent (20%) of the selling price of the property or the appraised value, whichever is less. This policy is to specifically address what constitutes an initial payment of twenty percent (20%) when a home is to be constructed or purchased, and when a loan guarantee from the Department of Veterans Affairs is not required because of the necessary initial payment of twenty percent (20%) is met. In addition to the twenty percent (20%) down payment, the loan committee must consider credit history, income, work history and all other underwriting criteria before approving a non-guaranty loan.

History: Adopted - February 16, 1995; Revised - December 8, 2000

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 2.3 Loan for existing home

When a veteran applies for a loan to purchase an existing home, the veteran must make an initial payment of twenty percent (20%) from his/her own cash savings. This form of initial payment may include, but is not limited to savings accounts, proceeds from the sale of a present home, mutual funds, 401K savings, cash gift from a family member, and proceeds from the sale of personal property. The initial payment of twenty percent (20%) cannot be in the form of borrowed funds, appraised equity, nor a second mortgage on the subject property.

History: Adopted - February 16, 1995; Revised - December 8, 2000

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 2.4 Loan for constructing a home

When a veteran applies for a loan to construct a home, the veteran may or may not already own the land where the home is to be constructed. A. Land owned at the time of application: When the veteran owns land on which he/she plans to construct a home utilizing funds of the Veterans’ Home Purchase, the land must be fully paid for and unencumbered. This land may be considered for the initial payment of twenty percent (20%). The twenty percent (20%) initial payment will be based on the amount of the original purchase price of the land in question. Original purchase price must be evidenced by documentation from the veteran borrower. Equity due to a gift of the land, appreciation since purchase, or purchase below market value will not be considered an initial payment of twenty percent (20%). B. Land not owned at the time of application: When the veteran does not own the land and intends to purchase the land as a part of the construction process, the veteran must

invest a cash outlay or twenty percent (20%) of the total construction cost of the finished product including the initial land purchase. Equity due to construction below market value is not considered a cash investment. C. Land mortgaged at the time of application: If the lot or vacant land is secured by a mortgage note with a lender or individual, the Veterans’ Home Purchase Board may payoff said mortgage note as long as the mortgage note does not contain a prepayment penalty, and the payoff of the land and construction cost of the home do not exceed the statutory limits of the Veterans’ Home Purchase Board. If the veteran owns land and has an existing mortgage note made for the initial purchase, any equity realized from the initial down payment and/or regular loan payments on the note may be considered as a part of the cash payment requirement of twenty percent (20%). This initial cash payment will be derived from the difference in the current payoff of the mortgage note and the original purchase price of the land in question. If this difference does not equal twenty percent (20%) or more of the total construction cost including the land mortgage note payoff, then the veteran will be required to invest additional cash savings to arrive at the twenty percent (20%) initial payment necessary to meet the requirements.

History: Adopted - February 16, 1995; Revised - December 8, 2000

History

• Source: Miss. Code Ann. §35-7-7

Chapter 3 Interest Rate Policy

25 Miss. Admin. Code Pt. 202, R. 3.1 Policy

It is the Policy of The Veterans’ Home Purchase Board that the rate of interest charged by the Agency for current requests for financing of SINGLE FAMILY homes are as follows: Posted Rate: The current rate of interest charged and available for the financing of home purchase requests established by the Board of Directors of the VHPB at its regular meeting.

History: Adopted - December 8, 2000; Revised - April 20, 2001, January 24, 2013

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 3.2 Exception

The Board of Directors reserves the right to make a case by case exception to the herein stated interest and interest lock policy. When an exception is made it will be noted in the minutes of that meeting.

History: Adopted - December 8, 2000; Revised - April 20, 2001, January 24, 2013

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 3.3 Effective date of new rate

The Board of Directors, at its regular monthly meeting sets the current rate of interest (posted rate) that is to be charged by the Agency. The Board will compare the current Agency rate with the Secondary Mortgage Market Rate charged by Lenders in the Agency’s lending area. When a majority of the Board members vote that an increase or decrease in the current approved rate is appropriate, the new rate of interest will be in effect for any application taken after the date of the meeting or exact date as specified by the Board. A. Proposed construction loans will be subject to the posted rate once the veteran notifies the VHPB in writing that they are ready to close and the loan has been approved by the loan committee of the Board of Directors. This rate is locked for a period of 45 days or until the loan documents expire, whichever is less. B. Loan requests in process, but not yet sent to the attorney for closing, will be set at the new posted rate of interest or the existing rate at the time of approval by the loan committee of the Board of Directors, whichever is lower. The stated rate is locked for a period of 45 days or until the loan documents expire, whichever is less. C. Loan requests that have been approved without a property or a request for pre- approval will be set at the posted rate once the sales contract is received by the agency. The stated rate is locked for a period for 45 days or until the loan documents expire, whichever is less. D. Loan application requests having Board approval and a change in the rate of interest after stated approval, are not required to be once again presented to the loan committee of the Board of Directors for re-approval. The exception to this is when the rate of interest increase or decrease negatively affects the debt to income ratio causing the loan request to no longer meet the underwriting guidelines or causing a substantial change in the financial status of the customer.

History: Adopted - December 8, 2000; Revised - April 20, 2001, January 24, 2013

History

• Source: Miss. Code Ann. §35-7-7

Chapter 4 Available Funds to Close Policy

25 Miss. Admin. Code Pt. 202, R. 4.1 Policy

It is the policy of The Veterans’ Home Purchase Board, to underwrite the loan request in a way to determine the applicant’s ability to maintain this debt plus current obligations and accumulate assets. The VA has underwriting guidelines that this Agency must follow. To help prevent a hardship to the customer, it is the policy of The Veterans Home Purchase Board to require prior to closing the following:

A. The Borrower must have sufficient funds verified to pay closing cost and escrows shown on the buyer’s side of the HUD-1 Settlement statement. This may be verified by the customer providing a copy of the most recent bank statement, VOD or print out from the bank. (Printout must include the name of the bank, name of the borrower and the account number). B. In addition to the above, the borrower must have as verified funds, two months of payments including taxes, insurance and any other escrowed item. This verification may take the same form as listed above.

History

• Source: Miss. Code Ann. §35-7-7

Chapter 5 Appraisal Assignments

25 Miss. Admin. Code Pt. 202, R. 5.1 VA Guaranteed Loans

It is the policy of the Veteran’s Home Purchase Board to follow the Department of Veterans Affairs’ rules and regulations regarding appraisal assignment for VA guaranteed loans. The Department of Veterans Affairs assigns an appraiser and case number to each loan application from a pre-defined VA approved list for each county throughout Mississippi.

History: Adopted - December 17, 1992; Revised - June 11, 2002

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 5.2 Non-Guaranteed Loans

When the Veterans’ Home Purchase Board grants a veteran’s request for a non-guaranteed loan, we will require that a State Licensed Appraiser from the area in which the property is located complete the appraisal. The Executive Director or his designee must approve the appraiser prior to the appraisal being requested. The Veterans’ Home Purchase Board must request the appraisal from the appraiser. The appraisal must be addressed to the Veterans’ Home Purchase Board. In some cases, such as a recent bridge loan and/or a construction loan, a copy of the appraisal requested by the original lender may be acceptable. The Executive Director and/or his designee will determine if the appraisal is acceptable based on time since completion, appraiser qualifications, and quality of the appraisal.

A. Construction Loan, Appraisal Ordered by another Lender: If the appraisal was prepared for another lender prior to application for permanent financing with the Veterans’ Home Purchase Board we may accept a copy of the original appraisal. Before closing of the permanent loan we will require a recertification of value addressed to the Veterans’ Home Purchase Board from the original appraiser. The original appraisal must be less than 180 days old at the time of closing. B. Temporary Loan, Appraisal Ordered by another Lender: If an appraisal was prepared for another lender for the closing of a temporary loan we may accept a transfer of the Original Appraisal accompanied by a transfer letter from the

original lender addressed to the Veterans’ Home Purchase Board. The appraisal must be less than 120 days old at the time of the closing.

History: Adopted - December 17, 1992; Revised - June 11, 2002

History

• Source: Miss. Code Ann. §35-7-7

Chapter 6 Privacy of Customer Information

25 Miss. Admin. Code Pt. 202, R. 6.1 Policy

It is the policy of the Veterans’ Home Purchase Board to comply with all federal and state laws pertaining to the privacy and confidentiality of customer information. In addition, it is inherent in the financial services industry that we have a duty to protect the confidential and private nature of our customers’ financial records and it is the policy of the VHPB that we do so. Therefore, it is VHPB policy that employees not divulge financial information on customers to anyone outside the organization except as specifically authorized by written instructions (either from the customer or contained with a written VHPB procedures statement).

Violations of this policy by any employee may result in disciplinary actions up to and including termination.

History: Adopted – February 16, 2001; Revised – February 16, 2001

History

• Source: Miss. Code Ann. §35-7-7

Chapter 7 Divorced Veteran Applicant Guidelines

25 Miss. Admin. Code Pt. 202, R. 7.1 Guidelines

Guidelines to consider for a Veteran customer that obtains a divorce from his or her Veteran spouse with both parties jointly obligated to a loan financed with the VHPB. and the Veteran whose VA Eligibility was used retains the house.

A. Action to be taken when the house is retained by the Veteran spouse whose VA Eligibility was used for the loan. B. Action to be taken when the house is retained by the Veteran spouse whose VA Eligibility was not used for the loan. C. Action to be taken when the house is retained by the Veteran spouse whose VA Eligibility was used for the loan and the remaining spouse is released by the VA of liability and choses to reapply with the VHPB for another loan. (also see VA manual)

1. (A) (B) Applicant must submit a copy of the Divorce Decree. The VHPB will proceed with the next step unless the terms of the divorce render the VHPB unable to do so or make it unwise to proceed. 2. (A) Applicant must submit a copy of the Quit Claim Deed on the property currently secured by the VHPB that shows the applicant has relinquished his/her right to the property.

2. (A) The Veteran homeowner whose VA eligibility was used and who retains the house must contact the VA and request that his/her spouse be released from liability by the VA. 4. (C) If the VA releases the Veteran loan applicant from liability, the applicant may apply for a VHPB loan using his/her VA eligibility. 5. (C)The Veteran applicant’s original VHPB debt must be used as a liability when evaluating the loan request unless he/she applies for a release of liability from the VHPB and the release is granted. 6. (A) Before the VHPB will consider the release of the Veteran applicant from the current VHPB loan, the Veteran homeowner who retains the property and whose eligibility was used must submit credit and income data in a manner prescribed by the VHPB and qualify for the existing loan on his/her own merits. 7. (A) If the veteran whose eligibility was used and who retains the property cannot qualify for the existing loan on his/her own merits, the veteran applicant whose eligibility was not used may apply to the VHPB for the release of his/her liability if the current homeowner has made at least twelve consecutive, timely monthly payments.

History

• Source: Miss. Code Ann. §35-7-7

Chapter 8 Loan Assumption Policy

25 Miss. Admin. Code Pt. 202, R. 8.1 VA Guaranteed Loans

A. Loans closed prior to March 1988 may be assumed by veterans and /or non- veterans. Board approval is not required. Department of Veterans’ Affairs policies, rules and regulations will apply.

1. Requirements: a. A $35.00 transfer fee. b. Title Certificate must be provided to and approved by VHPB prior to close of new loan package. Title must be clear of all encumbrances except VHPB. c. A recorded Assumption Transfer Deed signed by both the grantees and grantors. The attached assumption clause must be signed by the grantees and grantors and included as an attachment to the Assumption Transfer Deed. (Exhibit A)

d. A current hazard insurance policy in the new borrower’s name with the Veterans’ Home Purchase Board shown as mortgagee must be provided at closing. e. A paid receipt for the first year’s insurance premium required at closing. f. Home and work telephone numbers, mailing address, and social security numbers of the new borrowers must be provided at closing. g. A copy of the Driver’s License and Social Security card of each borrower is required at closing. h. An acknowledgement signed by the sellers and buyers determining who is to receive the current escrow balance on the loan. If there is an escrow shortage, then the shortage amount must be paid at closing. 2. Applicant must send in $35.00 at time of application. Application is a letter signed by the veteran and the new purchasers requesting the loan assumption. The application letter must contain current loan number, purchaser’s social security numbers, home and work address, and home and work telephone numbers. The Closing attorney must provide VHPB with a Title Certificate prior to loan closing. The Loan Servicing Manager or Supervisor or the Executive Director prior to closing of the loan assumption must approve the Title Certificate. The closing attorney must call and obtain current loan balance and determine if payments are current provide VHPB with the recorded Assumption Warranty Deed with the attached clause (Exhibit A) signed by all parties, provide VHPB with a current hazard insurance policy for at least the amount of the loan balance with VHPB as mortgagee, provide VHPB with a paid receipt for the first year of hazard insurance premium, provide VHPB with a copy of the new purchaser’s social security card and driver license, and provide VHPB with an acknowledgement signed by all parties determining the responsibility of the current escrow account and shortage, if required. Once all of this information is received by the VHPB loan processing specialist, then the loan will be amended on the computer system to reflect the new borrower’s information. The loan processing specialist will order the flood certification. All items will then be placed in a file folder and placed in the permanent file by the loan processing specialist. Nothing is to be changed on the computer until all documents and fees are received from the attorney and correct.

B. Loans closed between March 1988 and January 1, 1991 may be assumed by veterans and / or non-veterans. Board approval of satisfactory income, employment, and credit is required. DVA policies, rules and regulations will apply.

1. Requirements:

a. Veteran Assumption requires a $60.00 credit report fee to be paid at time of application. A $35.00 transfer fee and a funding fee of .05% of the loan balance are to be paid at closing. The closing attorney must call when preparing closing documents to verify the loan balance. b. Non-veteran assumption requires a $360.00 processing fee to be paid at time of application. ($50.00 refundable if the loan is disapproved) A funding fee of 1% of the loan balance is to be paid at closing. The closing attorney must call when preparing closing documents to verify the loan balance. c. A Title Certificate must be provided to and approved by VHPB prior to loan closing. d. The funding fee is not required if veteran has a service-connected disability. Veteran must show valid proof of service-connected disability from DVA. e. A completed application packet must be provided at the time of application. f. A recorded assumption transfer deed signed by both the grantees and grantors. The attached assumption cause must be signed by the grantees and grantors and included as an attachment to the Assumption Transfer Deed. (Exhibit A) g. A current hazard insurance policy in the new borrowers name with the Veterans’ Home Purchase Board shown as mortgagee must be provided at closing. h. A paid receipt for the first year’s insurance premium required at closing. i. An acknowledgement signed by the sellers and buyers determining who is to receive the current escrow balance on the loan. If there is an escrow shortage, then the shortage amount must be paid at closing. j. The loan must be current at the time of closing. If any payments are due they must be received by VHPB and Posted to the account prior to closing. k. A Copy of the HUD-1 Settlement Statement must be furnished. l. No Appraisal required. 2. Applicant must send in $60.00 at the time of application. Application is a full credit application package. A Title Certificate must be provided to and approved by VHPB prior to closing. The Loan Servicing Manager or Supervisor or the Executive Director prior to closing must approve the Title Certificate. The closing attorney must call and obtain the current loan balance and determine if payments are current; provide VHPB with the recorded Assumption Warranty Deed with the attached Exhibit A (if required) signed by all parties; provide VHPB with a current hazard insurance policy for at least the amount of the loan balance with VHPB as mortgagee; provide VHPB with a paid receipt for the first year of hazard

insurance premium; provide VHPB with a copy of the new purchaser’s social security card and driver license; collect and provide to VHPB $35 transfer fee or $360 assumption fee and the .5% funding fee; HUD Settlement Statement and provide VHPB with an acknowledgement signed by all parties determining the responsibility of the current escrow account and shortage, if required. Once all of this information is received by the VHPB loan processing specialist, the loan will be amended on the computer system to reflect the new borrowers’ information. The loan processing specialist will order the flood certificate. All items will then be placed in a file folder and placed in the permanent file by the loan processing specialist. Nothing is to be changed on the computer until all documents and fees are received and correct.

C. Loans closed after January 1, 1991, may be assumed by veterans only, unless a non-veteran receives a waiver by the Board. Board approval of satisfactory income, employment, and credit is required. DVA policies, rules, and regulations will apply.

1. Requirements: a. Veteran Assumption requires a $60 credit report fee to be paid at time of application. A $35 transfer fee and a funding fee of .5% of the loan balance are to be paid at closing. The closing attorney must call when preparing closing documents to verify the loan balance. b. Non-Veteran assumption requires a $360 processing fee to be paid at time of application. ($50 refundable if the loan is disapproved) A funding fee of 1% of the loan balance is to be paid at closing. The closing attorney must call when preparing closing documents to verify the loan balance. c. A Title Certificate must be provided to and approved by VHPB prior to loan closing. d. The funding fee is not required if veteran has a service connected disability. Veteran must show valid proof of service connected disability from DVA. e. A completed application packet must be provided at the time of application. f. A recorded Assumption Transfer Deed signed by both the grantees and grantors. The attached assumption clause must be signed by the grantees and grantors and included as an attachment to the Assumption Transfer Deed. (Exhibit A) g. A current hazard insurance policy in the new borrowers name with the Veterans’ Home Purchase Board shown as mortgagee must be provided at closing. h. A paid receipt for the first year’s insurance premium required at closing.

i. An acknowledgement signed by the sellers and buyers determining who is to receive the current escrow balance on the loan. If there is an escrow shortage then the shortage amount must be paid at closing. j. The loan must be current at the time of closing. If any payments are due they must be received by VHPB and posted to the account prior to closing. k. A Copy of the HUD-1 Settlement Statement must be furnished. l. No Appraisal required. 2. Applicant must send in $60.00 at the time of application. Application is a full credit application package. A Title Certificate must be provided to and approved by VHPB prior to loan closing. The Division Director or the Executive Director prior to loan closing must approve the Title Certificate. The closing attorney must call and obtain current loan balance and determine if payments are current, provide VHPB with the recorded Assumption Warranty Deed with any Exhibits signed by all required parties; provide VHPB with a current hazard insurance policy for at least the amount of the loan balance with VHPB as mortgagee; provide VHPB with a paid receipt for the first year of hazard insurance premium; provide VHPB with a copy of the new purchaser’s social security card and driver license; collect and provide to VHPB $35 transfer fee or $360 assumption fee and the .5% funding fee; HUD Settlement Statement and provide VHPB with an acknowledgement signed by all required parties determining the responsibility of the current escrow account and shortage, if required. Once all of this information is received by the VHPB, the loan processing specialist will amend the computer records with the new borrower’s information. The loan processing specialist will order the flood certificate. All items will then be placed in a file folder and placed in the permanent file by the loan processing specialist. Nothing is to be changed on the computer records until all documents and fees are received and correct.

History: Adopted – March 1998; Revised – August 25, 2011

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 8.2 Non-Guaranteed Loans

A. Loans without a due-on-sale clause may be assumed by veterans and or non- veterans. Board approval of satisfactory income, employment and credit is required.

1. Requirements: a. Non-veteran and or veteran assumption requires a $360 processing fee to be paid at time of application. ($50 refundable if the loan is

disapproved). The closing attorney must call when preparing closing documents to verify the loan balance. b. A Title Certificate must be provided to and approved by VHPB prior to loan closing. c. A completed application packet must be provided at the time of application. d. A recorded Assumption Transfer Deed signed by both the grantees and grantors. The attached assumption clause must be signed by the grantees and grantors and included as an attachment to the Assumption Transfer Deed. (Exhibit A) e. A current hazard insurance policy in the new borrower’s name with the Veterans’ Home Purchase Board shown as mortgagee must be provided at closing. f. A paid receipt for the first year’s insurance premium is required at closing. g. An acknowledgement signed by the sellers and buyers determining who is to receive the current escrow balance on the loan. If there is an escrow shortage then the shortage amount must be paid at closing. h. The loan must be current at the time of closing. If any payments are due they must be received by VHPB and posted to the account prior to closing. i. A copy of the HUD-1 Settlement Statement must be furnished. j. Flood certification to be ordered by VHPB after closing. k. No Appraisal required. 2. Applicant must send in $360.00 at the time of application. Application is a full credit application package. A Title Certificate must be provided to and approved by VHPB prior to loan closing. The Division Director or the Executive Director prior to loan closing must approve the Title Certificate. The closing attorney must call and obtain current loan balance and determine if payments are current; provide VHPB with the recorded Assumption Warranty Deed with any Exhibits signed by all required parties; provide VHPB with a current hazard insurance policy for at least the amount of the loan balance with VHPB as mortgagee; provide VHPB with a paid receipt for the first year of hazard insurance premium; provide VHPB with a copy of the new purchaser’s social security card and driver license, HUD Settlement Statement and provide VHPB with an acknowledgement signed by all parties determining the responsibility of the current escrow account and shortage, if required. Once all of this information is received by the VHPB loan processing specialist, the loan will be amended in the computer system to reflect the new borrower’s information. The loan processing specialist will order the flood certificate. All items will then be placed in a file folder and placed in the permanent file by the loan processing specialist. Nothing is to be changed on the computer until all documents and fees are received and correct.

B. Loans with a due-on-sale clause may be assumed by veterans only, unless a non- veteran receives a waiver by the Board. Board approval of satisfactory income, employment, and credit is required.

1. Requirements: a. Veteran Assumption requires a $60 credit report fee to be paid at time of application. A $35 transfer fee is to be paid at closing. The closing attorney must call when preparing closing documents to verify the loan balance. b. Non-Veteran Assumption requires a $350 processing fee to be paid at time of application. ($50 refundable if the loan is disapproved) A funding fee of 1% of the loan balance is to be paid at closing. The closing attorney must call when preparing closing documents to verify the loan balance. c. A title Certificate must be provided to and approved by VHPB prior to loan closing. d. A completed application packet must be provided at the time of application. e. A recorded Assumption Transfer Deed signed by both the grantees and grantors. The attached assumption clause must be signed by the grantees and grantors and included as an attachment to the Assumption Transfer Deed. (Exhibit A) f. A current hazard insurance policy in the new borrowers name with the Veterans’ Home Purchase Board shown as mortgagee must be provided at closing. g. An acknowledgement signed by the sellers and buyers determining who is to receive the current escrow balance on the loan. If there is an escrow shortage then the shortage amount must be paid at closing. h. The loan must be current at the time of closing. If any payments are due they must be received by VHPB and posted to the account prior to closing. i. A copy of the HUD-1 Settlement Statement must be furnished. j. No Appraisal required. 2. Applicant must send in $60 at the time of application. Application is a full credit application package. A Title Certificate must be provided to and approved by VHPB prior to loan closing. A Department Supervisor or the Executive Director prior to loan closing must approve the Title Certificate. The closing attorney must call and obtain current loan balance and determine if payments are current; provide VHPB with the recorded Assumption Warranty Deed with the attached assumption clause (Exhibit A) signed by all parties; provide VHPB with a current hazard insurance policy for at least the amount of the loan balance with VHPB as mortgagee; provide VHPB with a paid receipt for the first year of hazard insurance premium; VHPB with a copy of the new purchaser’s social security card and driver license; collect and provide to VHPB $35 transfer

fee or $360 assumption fee; HUD Settlement Statement; and provide VHPB with an acknowledgement signed by all parties determining the responsibility of the current escrow account and shortage, if required. Once all of this information is received by the VHPB loan processing specialist, then the loan will be amended on the computer system to reflect the new borrower’s information. The loan processing specialist will order the flood certificate. All items will then be placed in a file folder and placed in the permanent file by the loan processing specialist. Nothing is to be changed on the computer until all documents and fees are received and correct.

C. Subsequent VHPB Loan for A Veteran When A Non-Veteran Assumes A VHPB Loan. If a non-veteran assumes a VHPB loan, the original veteran (mortgagor) may not be eligible for a subsequent VHPB loan as long as the Deed of Trust on the original loan is outstanding even though the veteran is released from liability by the Department of Veteran Affairs. Note: The original Veteran may, of course, obtain a VA loan from another source should he or she meet all the requirements.

1. Attachment to Transfer Deed:

EXHIBIT A By acceptance of this deed, Grantees herein, as part of the purchase price and consideration for this deed, assume the obligations and agree to pay the indebtedness evidenced by that certain Deed of Trust made by _________________________on __________________, to Veterans’ Home Purchase Board, which Deed of Trust is recorded in the Office of the Chancery Clerk, ________________________ County, Mississippi, Book ____________, page ________. And for the same consideration Grantees hereby assume the obligations of _________________________________, under the terms of the Deed of Trust and the Note creating the loan, to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty of insurance of the indebtedness above mentioned. This liability to the Department of Veterans Affairs is under the authority of Chapter 37, Title 38 of the United States Code, and supersedes any State or local law barring or limiting deficiencies following foreclosure of real property.

__________________________________ Grantee

__________________________________ Grantee

__________________________________ Grantor

__________________________________ Grantor

History: Adopted – March 1998; Revised – August 25, 2011

History

• Source: Miss. Code Ann. §35-7-7

Chapter 9 VHPB Maximum Loan Limit Policy

25 Miss. Admin. Code Pt. 202, R. 9.1 Review

The Board of Directors of the Veterans’ Home Purchase Board will review the maximum loan limit in March and September of each fiscal year. This review will be a study of the median sales price of homes throughout the state of Mississippi. This information will come from several reliable sources such as, but not limited to, local boards of the Mississippi Association of Realtors, Mississippi Home Builders Association, Mississippi State Agencies, related banking associations, Fannie Mae, HUD, and Mississippi Home Corporation.

The results of this research will be presented to the Board of Directors by the Executive Director or his designee.

History: Adopted – February 15, 2001; Revised – May 22, 2009

History

• Source: Miss. Code Ann. §35-7-7

Chapter 10 Waiting List Policy

25 Miss. Admin. Code Pt. 202, R. 10.1 Policy

It is the policy of the Veterans’ Home Purchase Board to establish a waiting list for loan applicants in the time of unavailability of loan funds. During any suspension of accepting loan application requests, VHPB will establish a waiting list containing the veteran’s name, mailing address, work and home telephone number, date and time of addition to the list, disability (if any), and estimated loan amount. Applicants will be placed on the list in a first come first served order. Vietnam veterans and veterans with a disability rating of 50% or more will have first priority. Veterans with a disability rating less than 50% will be second priority on the list. Once VHPB resumes the process of taking applications, applicants will be notified by telephone or in writing that we are ready to accept formal applications. These applicants will be given the opportunity to make application or decline their initial request to be placed on the waiting list.

Any applications received by mail during this time of suspension will be placed on the waiting list and the application returned with a letter of explanation. After the normal application process has resumed and if the waiting list is still being utilized, all applications received by mail and not already on the list will be placed at the bottom of the list according to their disability rating.

History: Adopted – February 14, 2001; Revised – February 14, 2001

History

• Source: Miss. Code Ann. §35-7-7

Chapter 11 Divestment of Property

25 Miss. Admin. Code Pt. 202, R. 11.1 Policy

It is the policy of the VHPB to comply with the Mississippi State Statute, Section 35-7 of the Mississippi Code. Section 35-7-17 (4) states that the “Board shall not consider applications for purchase that would provide the veteran with a second home, or provide funds to be used either directly or indirectly for investment purposes. The Veteran must divest himself of any personal residence before being eligible to close the board purchase on the new property.”

History: Adopted – August 26, 1994; Revised – January 31, 2003

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 11.2 Interpretation of Statute

A. Board interpretation of Section 35-7-17 (4) concerning divestment of property is as follows:

A veteran may not close a VHPB purchase until he or she has divested himself or herself of any home other than true rental property. This property includes, but is not limited to, 2 nd homes, cabins, mobile homes, camp houses, primary residences, condos, lake homes, vacation homes, and townhouses. Property shall be considered divested upon proof of the transfer of title to another individual (i.e. Recorded Warranty Deed or Quitclaim Deed or proof of a land contract where title passes after the prescribed payment).

True rental property is defined as property originally purchased for the intent of rental usage and utilized as a rental unit.

In some cases a veteran may have purchased or occupied a home as a primary residence at one time, but now utilizes the property for rental purposes. The Board will not require divestment of this property if the veteran can show evidence that the property has been classified as rental property for a period of not less than two (2) years. An example of acceptable proof is a copy of the veteran’s complete tax return for the previous (2) two years listing the property in Schedule E as rental property.

History: Adopted – August 26, 1994; Revised – January 31, 2003

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 11.3 Waiver of the Divestment Of Existing Property

A. Section 35-7-17 (4) also states that divestment “may be waived by the Board in cases where the Board can ascertain that the ownership of such property was originally intended as:

1. “temporary residence” or 2. “a condominium or mobile home” or 3. “that the veteran’s present residence is inadequate for his or her needs” and 4. “in cases where the requirement to sell on short notice will cause a financial hardship or loss to the veteran in the market place” and 5. “in cases where the sale of the present residence is not necessary to free the veteran of obligations to qualify financially for the new loan”

B. Continued Board interpretation of section 35-7-17 (4) concerning waiver of the divestment of property is as follows:

1. Waiver of the sale of an existing home will be reviewed on a case by case basis. The veteran must submit a request for waiver of the sale of an existing home in writing. A waiver may be granted if the Board ascertains that: a. The veteran originally bought the property as a temporary residence and the sale will cause a financial hardship or loss to the veteran. The veteran must sign an affidavit stating that the property was originally purchased as a temporary residence. (Exhibit B) b. The veteran originally bought the property as a temporary residence and the sale is not necessary to free the veteran of obligations to qualify financially for the new loan. The veteran must sign an affidavit stating that the property was originally purchased as a temporary residence. (Exhibit B) c. The property is a condominium and the sale will cause a financial hardship or a financial loss to the veteran in the market place; and in cases where the sale of the present residence is not necessary to free the veteran of obligations to qualify financially for the new loan. d. The property is a mobile home and the sale will cause a financial hardship or a financial loss to the veteran in the market place; and in cases where the sale of the present home is not necessary to free the veteran of obligations to qualify financially for the new loan. e. The property is inadequate for the veteran’s needs and the sale will cause a financial hardship or a financial loss to the veteran in the market place; and in cases where the sale of the present home is not necessary to free the veteran of obligations to qualify financially for the new loan.

C. Section 35-7-17 (4) also states, “when such waiver is granted, the veteran must agree in writing (a) not to reside in the former residence for a period of ten (10)

years, (b) that the rent proceeds in excess of mortgage payments and cash expenses on the old home will be paid to the Board as a reduction to the loan balance on the new home, (c) and that, at the sale of the old home within a period of ten (10) years, a full disclosure of the sale shall be made to the Board and proceeds of the sale in excess of mortgage payoff and actual cost of the sale will be paid to the Board as a reduction to the balance of the existing loan with the Board.”

1. If a waiver is granted, the veteran borrower must execute the following forms, Exhibits A & B VHPB Waiver on Sale of Home and Affidavit:

EXHIBIT A

VETERANS’ HOME PURHCASE BOARD WAIVER OF THE SALE OF EXISTING HOME

I/we agree not to reside in our home located at:

---

For the period of ten (10) years, and that any rent proceeds in excess of mortgage payments and cash expenses on the home will be paid to the Veterans’ Home Purchase Board as a reduction to the principal balance on our Veterans’ Home Purchase Board loan, and that, if sold within a period of ten (10) years, a full disclosure of the sale shall be made to the Veterans’ Home Purchase Board and the proceeds of the sale in excess of the mortgage payoff and the actual cost of the sale will be paid to the Veterans’ Home Purchase Board as a reduction to the principal balance of the existing loan with the Veterans’ Home Purchase Board.

IT IS EXPRESSLY UNDERSTOOD THAT THE PROCEEDS PAID TOWARD THE VETERANS’ HOME PURCHASE BOARD LOAN WILL BE APPLIED TO THE PRINCIPAL BALANCE OF SAID LOAN UNDER ACCEPTED ACCOUNTING PRINCIPLES AND WILL NOT REDUCE THE AMOUNT OR FREQUENCY OF THE PAYMENT IN ANY MANNER.

I hereby certify under penalty of U.S. Criminal Code Section 1010, Title 10, U.S.C. that the above statement, submitted for the purpose of aiding the borrower named below to obtain a VA mortgage loan, is true.

______________________________________________ Veteran

______________________________________________ Co-borrower

___________________________ Date

WARNING: SECTION 1010 OF TITLE 18 U.S.C., PROVIDES: “WHOEVER, FOR THE PURPOSE OF INFLUENCES SUCH ADMINISTRATION..., MAKES, PASSES, UTTERS, OR PUBLISHES ANY STATEMENT, KNOWINNG THE SAME TO BE FALSE..., SHALL BE FINED BUT NOT MORE THAN $5000. OR IMPRISIONED NOT MORE THAN 2 YEARS, OR BOTH.” EXHIBIT B

AFFIDAVIT

This is to certify that the property located at _________________________________________ __________________________________________________________ was originally purchased with the intent of being utilized as a temporary or part-time residence for my/our recreational purposes.

I hereby certify under penalty of U.S. Criminal Code Section 1010, Title 10, U.S.C. that the above statement, submitted for the purpose of aiding the borrower named below to obtain a VA mortgage loan, is true.

___________________________________ Veteran

___________________________________ Co-Borrower

___________________________________ Date

___________________________________ Witness

WARNING: SECTION 1010 OF TITLE 18 U.S.C., PROVIDES: “WHOEVER, FOR THE PURPOSE OF..., INFLUENCES SUCH ADMINISTRATION..., MAKES, PASSES, UTTERS, OR PUBLISHES ANY STATEMENT, KNOWING THE SAME TO BE FALSE..., SHALL BE FINED BUT NOT MORE THAN $5000 OR IMPRISIONED NOT MORE THAN 2 YEARS, OR BOTH.”

History: Adopted – August 26, 1994; Revised – January 31, 2003

History

• Source: Miss. Code Ann. §35-7-7

Chapter 12 Late Charge Assessment Policy

25 Miss. Admin. Code Pt. 202, R. 12.1 Authorization

The Deed of Trust/Note signed by the veteran allows for a late charge of 4 percent of the principal and interest payment not to exceed $50.00 to be assessed if a regular

monthly payment is received more than 15 days from the due date. Since all loan payments are due on the first of the month, the 17 th day of each month is the late charge assessment date.

History: Adopted – August 26, 2010; September 26, 2019

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 12.2 Implementation

The late charge amount is calculated and added to the regular payment due after processing all payments received through the 16 th day of the month by the computer system. The amount of the payment including late charge is listed on the payment coupons provided to the veteran. When the payment including late charge is posted to the veteran’s account, the system spreads the late charge to the appropriate accounts and records it on history. When the payment is posted without the late charge, the system accrues the late charge amount and displays it as due and unpaid.

History

• Source: Miss. Code Ann. §35-7-7; September 26, 2019

25 Miss. Admin. Code Pt. 202, R. 12.3 Waiver and Postponement

Management recognizes that in some cases, it is appropriate to waive or postpone the assessment of a late charge to promote fairness and compassion to a veteran when unusual circumstances cause a delay in payment. Management has delegated this task to certain agency employees after obtaining approval for the waiver of postponement from the Servicing Department Supervisor or the Executive Director.

History: Adopted – August 26, 2010; September 26, 2019

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 12.4 Collection of Late Fees

It is the policy of the VHPB to collect late fee charges when occurred, however, we understand that there are times when the customer, because of bankruptcy or other financial difficulties require the postponement of the payment of the late fee and the posting of the payment without the late fee. The acceptance of partial payment must be approved by the Servicing Department Supervisor or the Executive Director. When this occurs, the customer is to be contacted and arrangements are to be made to collect the past due late fees. Those customers who have accumulated large late fee balances due to bankruptcies or other financial difficulties will be contacted for a payment plan approved by the Servicing Department Supervisor of the Executive Director once it is determined that the customer has the ability to repay.

History

• Source: Miss. Code Ann. §35-7-7

Chapter 13 Policy for Handling Loss Draft Funds

25 Miss. Admin. Code Pt. 202, R. 13.1 Timeliness is essential in order for a customer’s account to show the correct balance

The Loss Draft account is used for insurance proceeds to repair a customer’s home. The insurance check will be made payable to both the homeowner and the Veterans’ Home Purchase Board. The homeowner will need to endorse the check and send to the VHPB. Once we receive the check, a manager will make a decision on how these funds are to be handled. Usually the funds will be deposited into our Loss Draft Bank Account and increments disbursed to the homeowner as the work is being completed. Inspections are done by VHPB staff to ensure the house is being repaired properly unless the homeowner’s equity and payment history make it more practical to return the entire proceeds to the property owner.

History: Adopted – October 26, 2006; Revised – August 26, 2010

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 13.2 Receipt of Loss Draft Monies

A. When Loss Draft checks are received at the agency, they will be given to the Executive Director or Loan Servicing Manager. They will print a screen print from the servicing system of the individual’s account with instructions on how to post the money on the bottom of the screen print. The checks along with the screen print will then be forwarded to the Payment Processing Department to post to the Servicing system. Each person performing a task will initial the screen print beside the step that they performed and forward to next individual listed in the instructions, or, if no other instructions, then it will be given back to the initiating manager. B. After the Payment Processing Department posts the check to the homeowners’ account in the Servicing system:

1. The check will then be forwarded to the Accounting Department and the screen print with the instructions will be given to the Loan Servicing Department if disbursement is required. Once the transaction is complete in the Servicing system, the screen print will be given to the Accounting Department for filing. 2. The individual who forwards these checks going to the Accounting Department will identify the check as Loss Draft. 3. The Accounting Department will prepare the deposit slip and will make the deposit to the Loss Draft Bank Account.

History: Adopted – October 26, 2006; Revised – August 26, 2010

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 13.3 Disbursement of Loss Draft Monies

All loss draft disbursements will be initiated by a manager. This is done by making a screen print from the Servicing system of the individuals

account with written instructions on the bottom explaining what needs to be done. Prior to a check being written, the Loan Servicing Department will post the disbursement to the Loan Servicing system. The individual performing these disbursements will initial on the Servicing system screen print beside the task and forward it to the next individual listed in the instructions or if no other instructions then it will be forwarded to the initiating manager.

The Loss Draft checkbook is kept locked in the Executive Director’s office.

These checks require two signatures. Executive Director, Division Director, Director of Accounting and Finance, or Branch Director (management) is authorized signors on these checks.

Once the manager gets confirmation of posting to the servicing system (initialized screen print) he/she will then write the check for the amount of the disbursement.

The initialized screen print is then returned to the Accounting Department for filing.

History: Adopted – October 26, 2006; Revised – August 26, 2010

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 13.4 Index Cards

Index cards will be completed on all Loss Draft monies received or disbursed. The manager initiating the transaction will be responsible for recording transactions on the index cards in the Executive Director’s office.

History: Adopted – October 26, 2006; Revised – August 26, 2010

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 13.5 Reconciliation of Loss Draft Account

Accounting Personnel will prepare a monthly reconciliation ensuring agreement from the Loss Draft Bank Account to the servicing system and the Index Card system.

History: Adopted – October 26, 2006; Revised – August 26, 2010

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 13.6 Completion Escrow Money

Completion escrow money is money that the seller agrees to pay at the sale of the home for repairs that need to be completed in order to close the loan. It is rare that the agency receives these funds. When we do, the VA requires 1 ½ time the estimated cost of repairs to be paid. Once the work is completed, the actual cost of the repairs will then be paid from this money collected at closing and any difference would be returned to the seller who funded the money to start this process. This money is recorded on the Loan Servicing system and is recorded in the Loss Draft account at the bank, on the Index Cards and on the Loss Draft spreadsheet maintained by the Accounting Department. The process is as follows:

A. A deposit to the Loss Draft is made when the agency originally receives the money B. An inspection is done to ensure completion of work once repairs are made C. Agency pays the contractor from these funds D. Any remaining balance is paid back to the person who originally paid the funds

The monies are accounted for in the same manner as the Loss Draft monies.

History: Adopted – October 26, 2006; Revised – August 26, 2010

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 13.7 Exceptions

Exceptions to this policy must be approved by the Executive Director or his designee.

History: Adopted – October 26, 2006; Revised – August 26, 2010

History

• Source: Miss. Code Ann. §35-7-7

Chapter 14 ACH Draft Policies

25 Miss. Admin. Code Pt. 202, R. 14.1 Policy

It is the policy of the Veterans’ Home Purchase Board (VHPB) to offer borrowers the option to pay their monthly note through the ACH (Automated Clearing House) program established by the Federal Reserve System. The ACH program allows a bank customer to authorize automatic payments from his/her bank account to a designated payee (the VHPB).

The detailed steps to accomplish this are in the Accounting Department’s Procedure Manual.

History: Adopted – April 27, 2007; Revised – October 24, 2012

History

• Source: Miss. Code Ann. §35-7-7

Chapter 15 Collateral Insurance Policy

25 Miss. Admin. Code Pt. 202, R. 15.1 Policy

The VHPB requires that the collateral securing loans at this agency be protected by the insurance most commonly used for the subject property, and that the VHPB be the beneficiary of that insurance (mortgagee).

The borrower shall be required to keep the improvements existing at the loan’s origination or thereafter erected on the property insured against fire and other hazards included within the term “extended coverage”. Required insurance amounts are the market value of the property or the loan amount, if the loan amount is higher than market value. In no event should insurance coverage be less than 80 percent of the current value of the property. Insurance must be maintained for the life of the loan.

Flood insurance is required for the life of the loan if the property is located in a special flood hazard area, or if the property has previously flooded. The determination of whether or not a property is within a special flood hazard area will be made by the company employed by the agency to do so. If the company employed by the agency determines that a property is not located in a special flood hazard area and the property appraisal indicates that the property is in a special flood hazard area, the agency will require flood insurance on the property. The requirement for flood insurance may be removed on such a property if a determination is made by the company employed by the agency and the appraiser agree that the property is not in a special flood hazard area.

History: Adopted – 2006; Revised – June 2009

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 15.2 Windstorm Insurance

The VHPB requires Windstorm (Hurricane) Insurance in the six coastal counties of Mississippi. (Hancock, Harrison, Jackson, Pearl River, Stone, George).

The dwelling coverage amount will be the same as on the Hazard (Homeowners) policy.

The maximum deductible amount required is 2 percent of the dwelling coverage. However, should the borrower request a higher deductible or his/her insurance company will not allow the 2 percent deductible, the VHPB will review the account to determine if a higher deductible of 5 percent is acceptable. The review will consider the following:

A. The payment history must reflect that the borrower paid the monthly payments in accordance with the Deed of Trust note. Payments made consistently over 16 days from the due date are not acceptable. B. The equity position of the property must be at least four times that of the dollar amount of the deductible. Examples:

1. Dwelling coverage = $150,000 5% ded = $7,000 Balance of VHPB mortgage = $100,000

Four times ded amount = $30,000. Equity position = $50,000

In this example, the higher deductible of 5% is Acceptable

2. Dwelling coverage = $150,000 5% ded + $7,500 Balance of VHPB mortgage = $140,000

Four times ded amount = $30,000. Equity position = $10,000

In this example, the higher deductible of 5% is Not Acceptable

Both of the examples above assume the dwelling coverage amount approximates the value/ replacement costs of the dwelling.

C. Requests for deductibles higher than 5% will be submitted to management for review and approval/disapproval.

NOTE ON WINDSTORM INSURANCE: Severe storms, namely hurricanes, can cause widespread damage and destruction of property located in the six southern most counties of Mississippi. Because of the possibility of such storms, insurance companies often times offer limited coverage or no coverage at all. The VHPB requires wind insurance based on the above deductible amounts. However, because of limitations dictated by insurance companies, the deductible limits of 2% may not be obtainable. In such cases, on new loans, the VHPB management will determine the best course of action. On renewals, the VHPB staff will use its best efforts to maintain the deductible percentage as above. Management will review exception cases as they are determined.

History: Adopted – 2006; Revised – June 2009

History

• Source: Miss. Code Ann. §35-7-7

25 Miss. Admin. Code Pt. 202, R. 15.3 Tax and Insurance Escrow

The Veterans’ Home Purchase Board requires all taxes and hazard, flood, and windstorm insurance premiums to be paid through an escrow account. The mortgagor will pay one twelfth (1/12) of the annual real estate taxes, hazard, flood, and windstorm premiums along with each monthly principal and interest payment. The total amount will be considered the mortgagor’s total monthly payments.

The Loan Servicing Department, upon renewal of the hazard insurance policy, will perform an annual analysis. Any necessary adjustments to the total monthly payment will be made and the customer notified accordingly. If an escrow account is short of the required escrow balance, designated VHPB personnel will adjust the payment to collect the shortage over the next twelve months. Management approval is required to make an adjustment to a shortage that will exceed twelve months. If a surplus exists in the escrow account, the check will be sent to the mortgagor refunding an amount of $50 or larger. A surplus amount less than $50 will be retained in escrow unless specifically requested by the mortgagor. In no event will a payment be reduced to absorb the excess amount of escrow.

Note: Prior to the adoption of this policy, a small number of loans had no tax escrow because of contrary wording in the Deed of Trust and prior agreements with the mortgagor. These loans are monitored annually to ensure the mortgagor pays the real estate taxes.

History: Adopted – 2006; Revised – June 2009

History

• Source: Miss. Code Ann. §35-7-7

Chapter 16 Confidentiality

25 Miss. Admin. Code Pt. 202, R. 16.1 Confidentiality

Employees will not access customer financial information unless this is needed in the performance of assigned duties. Perusing customer information to satisfy a personal curiosity is strictly prohibited. We recognize however, that in the course of performing

daily duties, employees out of necessity acquire confidential information considered to be extremely sensitive to customers. This information must not be revealed to unauthorized persons. In addition, this information should not be discussed with others within the organization unless their duties also require the information. Customer financial information can be released only when authorized by the customer, or when subpoenaed by a court or the Internal Revenue Service (IRS), and then the information released must be accurate and within the confines of the authorizing document. In all cases the release of customer information will be based on a written request, and the release will be in accordance with written VHPB instructions.

Violations of this policy by any employee may result in disciplinary actions up to and including termination.

History

• Source: Miss. Code Ann. §35-7-7

Chapter 17 Deceased Borrower Policy

25 Miss. Admin. Code Pt. 202, R. 17.1 Policy

It is the policy of the VHPB that upon notification of the death of a borrower, the VHPB shall promptly identify and facilitate communication with a successor in interest of the deceased borrower with respect to the property that secures the deceased borrower’s mortgage loan. A successor in interest is a spouse, child or heir of a deceased borrower or other party with an interest in the property.

To accomplish this policy, the following procedures should be followed:

A. Promptly provide to any party claiming to be successor in interest; the list of documents required by the Agency for the party to establish the death of the borrower and the identity and legal interest of the successor in interest. The documents are death certificate, an executed will, or a court order determining a succession to real property. B. Upon notification of the death of a borrower, promptly identifying and evaluating any issues that the VHPB must consider in reviewing the rights and obligations of successors in interest with respect to the property and mortgage loan, including, for example:

1. Receipt of acceptable proof of the successor in interest’s identity and legal interest in the property; 2. Standing of the mortgage loan as current or delinquent; 3. Whether a trial modification or other loss mitigation option was in place at the time of the borrower’s death; 4. Whether there is a pending or planned foreclosure proceeding; 5. Eligibility of the successor in interest for loss mitigation options, and 6. Eligibility of the successor in interest to assume the mortgage loan, with or without a simultaneous loan modification or other loss mitigation option;

C. Promptly providing successors in interest with information about the above issues, including any servicer prerequisites for the successor in interest to

continue payment of the mortgage loan, assume the mortgage loan, and where appropriate, qualify for available loss mitigation option; D. Promptly providing successors in interest with any documents, forms, or other materials the VHPB requires for the successor in interest to continue making payments and to apply and be evaluated for an assumption and, where appropriate, loss mitigation option; E. Upon receipt from the successor in interest of required documents, forms or other materials, promptly evaluating the successor in interest for and where appropriate, implementing options set forth above; and F. Providing employees with information and training regarding the effect of laws and other requirements on the servicer’s obligations following the death of a borrower, and complying with those laws and requirements, including:

1. Servicing guidelines, such as those published by the Department of Veterans’ Affairs 2. The Garn-St. Germain Act of 1982, which imposes certain limits on the application of due-on-sale clauses when real property is transferred as a result of the death of a borrower; and 3. Federal or state law restricting the disclosure of the deceased borrower’s nonpublic personal information.

G. The VHPB’s management should consider on a case by case basis if the following applies:

1. Upon notification of the death of a borrower, promptly evaluating whether to postpone or withdraw any pending or planned foreclosure proceeding to provide a successor in interest with reasonable time to establish ownership rights and pursue assumption and, if applicable, loss mitigation options; and 2. Promptly provide a successor in interest with information about the possible consequences of assuming the mortgage loan, such as any costs and the fact that a later loss mitigation option is not guaranteed if the successor in interest assumes the loan without a loss mitigation option already in place or arranged to commence simultaneously with the assumption.

History

• Source: Miss. Code Ann. §35-7-7

Chapter 18 Delinquent Early Intervention Rule Policy

25 Miss. Admin. Code Pt. 202, R. 18.1 Delinquency

Delinquency begins on the day a payment sufficient to cover principal, interest and escrow for a given billing cycle is due and unpaid.

It is the policy of the VHPB that once a borrower is delinquent for at least 36 days, the Agency’s servicing department will make a good faith effort to establish live contact with the borrower and if appropriate, inform the borrower about the availability of loss mitigation options. A good faith effort to establish live contact consists of reasonable steps under the circumstances to reach the borrower. For delinquencies that begin on or after January 10, 2014, the VHPB will consider the following communications reasonable steps under the circumstances to establish live contact:

A. A borrower working with the VHPB servicing department to obtain loss mitigation. The live contact requirement is satisfied with regard to a case in which a borrower is delinquent in consecutive billing cycles if the VHPB’s representative has established and is maintaining ongoing contract with regard to the borrower’s completion of a loss mitigation application and the service department’s evaluation of that borrower for loss mitigation options. B. A borrower stops paying under a loss mitigation plan or becomes delinquent after curing a prior default. A borrower is not delinquent under the rule if performing as agreed under a loss mitigation option designed to bring the borrower current on a previously missed payment. This includes forbearance plans and trial modifications. If the borrower fails to make a loss mitigation payment, a new delinquency begins and the VHPB should make good faith efforts to contact the borrower within 36 days of the start of the delinquency and for each of any subsequent billing periods for which the borrower’s obligation is due and unpaid. Similarly, if a borrower successfully cures a prior default but becomes delinquent again, the VHPB’s representative should make a good faith effort to contact the borrower within 36 days for each of the subsequent billing periods for which borrower’s obligation is due and unpaid. C. Communication in conjunction with other contact. Live contact is established when the borrower initiates contact with the VHPB. Early Intervention Rule contact is satisfied by combining contacts made with the borrower for other reasons, by adding a brief script to collection calls or other contacts to inform the borrower that loss mitigation options may be available in accordance with the rule. D. A borrower is unresponsive. When the borrower fails to respond to the Agency’s attempts to make live contact, a statement to contact the Agency’s servicing department regarding the delinquency may be included in the periodic statement or in an electronic communication. Such efforts are appropriate when there is little hope of the home retention by the borrower.

History

• Source: Miss. Code Ann. §35-7-7

Chapter 19 NSF Policy

25 Miss. Admin. Code Pt. 202, R. 19.1 Policy

This policy must be flexible and requires that each case be considered on an individual basis using professional judgment.

Accounting personnel will maintain a NSF log on the (G) share drive which will show who has had NSF checks in the past, when and how many they have sent.

On the first occasion that a borrower sends an NSF check, we should send the borrower a letter along with their personal check asking that they replace this with another check which should include a $35.00 NSF Fee. If the borrower calls and provides a valid reason for the NSF check, we can waive the NSF fee and the borrower can send another check to replace the original one.

Upon receiving a NSF check from a borrower a second time, we should return the check to the borrower with a letter requesting another check be sent with the $35.00 NSF fee included with their payment amount.

Upon receiving a NSF check from a borrower a third time within a twelve month period, we should require that the NSF fee of $35.00 be included with their payment in the form of certified funds. The borrower may be required to send their payment in the form of certified funds for a period of six months from this point. After this six-month period the borrower may again be allowed to send their payment in the form of a personal check.

Please keep in mind this NSF policy only gives general guidance and professional judgment should be used with each case.

History

• Source: Miss. Code Ann. §35-7-7