Mississippi Code

Miss. Code Ann. § 65-1-5 (2026)

Organization and meetings

✓ current as of July 2026

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When the transportation commissioners enter upon the duties of their office, the Transportation Commission shall meet and organize by the election of one (1) of its members to serve as chairman of the commission for the four-year term for which the commissioner shall have been elected. The commission, a majority of which shall constitute a quorum, shall meet in regular session on the second Tuesday of each month at the office of the commission in Jackson, Mississippi; however, the commission may meet in regular session not more than three (3) times each year at such other location as may be set by the commission. At such regular sessions the commission may hear, continue and determine any and all matters coming before it. The commission may hold special sessions at the call of the executive director or the chairman at such times and places in this state as either of them may deem necessary. At such special sessions it may hear, continue, consider and determine any and all matters coming before it, provided that at least five (5) days' notice of such meetings shall be given to all the members of the commission beforehand. A special session may be called at any time without the foregoing notice, or any notice, if by and with the unanimous consent of all the members of the commission, but such unanimous consent shall be spread at large on the minutes of the commission. If any session is held at a location other than at the commission's office in Jackson, Mississippi, the commission shall make provisions to allow public participation in the meeting by appearing at the Jackson office.

The Mississippi Transportation Commission shall act as a legal entity, and shall only speak through its minutes, and in all matters shall act as a unit. Any action on the part of any member of the commission separately shall not bind the commission as a unit, but such individual member only shall be liable personally on his official bond.

The Mississippi Transportation Commission shall be a body corporate and as such may sue and be sued, plead and be impleaded, in any court of justice having jurisdiction of the subject matter of any such suit. In any suit against the Mississippi Transportation Commission service of process shall be had by serving the secretary of the commission with such process; and a copy of the declaration, petition or bill of complaint, or other initial pleading shall be handed the secretary along with the process.

Codes, 1930, § 4993; 1942, § 8018; Laws, 1930, ch. 47; Laws, 1948, ch. 332, § 5; Laws, 1992, ch. 496, § 4; Laws, 2004, ch. 337, § 1, eff. 4/19/2004.

Notes of Decisions

Cited in 7 cases, 1994–2007 · leading case: Hill Bros. Const. & Eng'g Co. v. Mtc, 909 So. 2d 58 (Miss. 2005).

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Hill Bros. Const. & Eng'g Co. v. Mtc, 909 So. 2d 58 (Miss. 2005). “Miss. Code Ann. § 65-1-5 (2001). [3] It is not uncommon in a construction contract of this size for there to be numerous addenda.”

Wesley v. Mississippi Transp. Comm'n, 857 F. Supp. 523 (S.D. Miss. 1994). · cites it 2× “Plaintiffs further assert that Miss.Code Ann. § 65-1-5 (Supp.1993) allows this suit because it states that “[t]he Mississippi Transportation Commission shall be a body corporate and as such may sue and be sued, plead and be impleaded, in any court of justice having jurisdiction…”

Mississippi Dept. of Transp. v. Rutland, 965 So. 2d 696 (Miss. Ct. App. 2007). “Miss.Code Ann. § 65-1-5 (Rev.2005). The Commission is responsible for formulating MDOT's operational policies, as well as appointing and discharging an executive director.”

Parks v. Mississippi Dep't of Transp., 380 F. Supp. 2d 776 (N.D. Miss. 2005). · cites it 2× “” Miss.Code Ann. § 65-1-5. No such language is present in the statute creating the MDOT and consequently, the Department argues that only the Commission and not it may be made the defendant in a lawsuit.”

Ronald Adams Contractor, Inc. v. Mississippi Transp. Comm'n (Miss. 1999). · cites it 3× “The Commission correctly notes that Miss. Code Ann. § 65-1-5 (Supp. 2000) provides that the Commission shall speak only through its minutes.”

Ronald Adams Contr. v. Miss. Transp. Com'n, 777 So. 2d 649 (Miss. 2000). · cites it 3× “The Commission correctly notes that Miss.Code Ann. § 65-1-5 (Supp.2000) provides that the Commission shall speak only through its minutes.”

Hill Bros. Constr. Co., Inc. v. Mississippi Transp. Comm'n (Miss. 2003). “Miss. Code Ann. § 65-1-5 (2001). 4 contract and that the contractor has included a certified check, cashier’s check or bid bond, inter alia.”

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