reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-3 - Administration and enforcement of chapter by Mississippi Real Estate Commission; powers and duties of commission

This chapter shall be administered and enforced by the Mississippi Real Estate Appraisal Board, which shall have the duties and powers to:
(a)
Receive applications for licensure as a home inspector under this chapter, establish appropriate administrative procedures for the processing of applications and issue licenses to qualified applicants pursuant to the provisions of this chapter;
(b)
Implement recommendations made to the Mississippi Real Estate Appraisal Board by the Home Inspector Regulatory Board with respect to upgrading and improving the experience, education and examination requirements that are required for a home inspector license;
(c)
Adopt and publish a code of ethics and standards of practice for persons licensed under this chapter;
(d)
Collect all licensing fees required or permitted by this chapter;
(e)
Take appropriate action upon a decision and the related findings of fact made by the Home Inspector Board, or a hearing officer employed by the Home Inspector Board, if, after an administrative hearing, the Home Inspector Board or hearing officer (i) determines that a licensed home inspector under this chapter has violated the code of ethics and standards established under this section, and (ii) recommends that the license of the home inspector be suspended or revoked, that renewal be denied, or that some other disciplinary action be taken;
(f)
Develop and adopt a licensing examination, which would meet nationally recognized standards, to determine the knowledge of an applicant of the home inspector profession;
(g)
Solicit bids and enter into contracts with one or more educational testing services or organizations approved by the Home Inspector Board for the preparation of questions and answers for licensure examinations under this chapter;
(h)
Develop the application and license forms;
(i)
Adopt rules and regulations for the administration of this chapter that are not inconsistent with the provisions of this chapter or the Constitution and laws of Mississippi or of the United States;
(j)
Employ an assistant to the Appraisal Board administrator who shall keep a record of all proceedings, transactions, communications and official acts of the Appraisal Board and perform such other duties as the Appraisal Board may require; and
(k)
Employ such other staff and technical assistance as may be necessary to properly administer the requirements of this chapter.
Laws, 2001, ch. 539, § 2, eff. 7/1/2001.
Amended by Laws, 2024, ch. 376, SB 2788,§ 3, eff. 7/1/2024.
Reenacted by Laws, 2017, ch. 389, SB 2017, 2, eff. 7/1/2017.
Amended by Laws, 2013, ch. 442, SB 2698, 2, eff. 7/1/2013.
See Laws, 2017, ch. 389, SB 2017, § 7.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-5 - [Home Inspector Regulatory Board]

(1)
There is hereby created, as an adjunct board to the Mississippi Real Estate Appraisal Board, a board to be known as the Home Inspector Regulatory Board, which shall consist of five (5) members appointed by the Governor, with the advice and consent of the Senate, to include one (1) representative from each congressional district, one (1) from the state at large and all shall be licensed home inspectors. Two (2) members shall be appointed to serve for a term of three (3) years, two (2) members shall be appointed to serve for a term of two (2) years and one (1) member shall be appointed to serve for a term of one (1) year. Thereafter, each member shall be appointed to serve for a term of four (4) years.
(2)
The Home Inspector Regulatory Board shall advise the Mississippi Real Estate Appraisal Board or its designee on all matters relating to this chapter. The Home Inspector Regulatory Board shall meet no less than four (4) times annually and shall be reimbursed for expenses on a per diem basis pursuant to state law.
Reenacted and amended by Laws, 2024, ch. 376, SB 2788,§ 1, eff. 7/1/2024.
Repealed by Laws, 2013, ch. 442, SB 2698, 7, eff. 7/1/2013.
Laws, 2001, ch. 539, § 3; Laws, 2006, ch. 356, § 1, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-7 - Powers and duties of Mississippi Real Estate Commission; civil and criminal immunity

(1)
The Home Inspector Regulatory Board shall have the duties and powers to:
(a)
Be responsible for matters relating to home inspectors' code of ethics and standards, home inspector qualifications, testing standards and disciplinary functions.
(b)
Hold meetings, public hearings and administrative hearings and prepare examination specifications for licensed home inspectors.
(c)
Conduct investigations, subpoena individuals and records, administer oaths, take testimony and receive evidence and to do all other things necessary and proper to discipline a person licensed under this chapter and to enforce this chapter. In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Chancery Court of the First Judicial District of Hinds County, Mississippi, upon application by the Appraisal Board, may issue to this person an order requiring him or her to appear before the Appraisal Board, or the officer designated by him or her, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as contempt of court.
(d)
Further define by regulation, the type of educational experience, home inspector experience and equivalent experience that will meet the statutory requirements.
(e)
Recommend suspension or revocation of licenses pursuant to the disciplinary proceedings provided for in this chapter.
(f)
Present an annual budget to the Mississippi Legislature for approval. A copy of the budget shall be given to the Appraisal Board.
(2)
The members of the Appraisal Board and the Home Inspector Board shall be immune from any civil action or criminal prosecution for initiating or assisting in any lawful investigation of the actions of, or participating in any disciplinary proceeding concerning, a home inspector licensed pursuant to this chapter, provided that such action is taken without malicious intent and in the reasonable belief that the action was taken pursuant to the powers and duties vested in the members of the Appraisal Board and Home Inspector Board under this chapter.
Laws, 2001, ch. 539, § 4, eff. 7/1/2001.
Amended by Laws, 2024, ch. 376, SB 2788,§ 4, eff. 7/1/2024.
Reenacted by Laws, 2017, ch. 389, SB 2017, 3, eff. 7/1/2017.
Amended by Laws, 2013, ch. 442, SB 2698, 3, eff. 7/1/2013.
See Laws, 2017, ch. 389, SB 2017, § 7.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-9 - License required to transact home inspection business

(1)
No person may engage in or transact any home inspection business, or hold himself or herself out to the public as a home inspector, or offer to engage in or transact any home inspection business in this state unless the person is licensed by the Appraisal Board.
(2)
No license shall be issued under the provisions of this chapter to a partnership, association, corporation, limited liability company or partnership, firm or group. However, nothing in this chapter precludes a licensed home inspector from performing home inspection for and on behalf of a partnership, association, corporation, limited liability company or partnership, firm or group or from entering into contracts or enforcing contracts as partnership, association, corporation, limited liability company or partnership, firm or group.
Laws, 2001, ch. 539, § 5, eff. 7/1/2001.
Amended by Laws, 2024, ch. 376, SB 2788,§ 5, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-11 - Licensing requirements and qualifications

(1)
An application for an original license shall be made in writing to the Appraisal Board on forms as the Appraisal Board may prescribe and shall be accompanied by the required fee and proof of liability insurance and errors and omissions insurance.
(2)
To qualify for a license under this chapter, a person shall:
(a)
Have successfully completed high school or its equivalent;
(b)
Be at least twenty-one (21) years of age;
(c)
Have successfully completed an approved course of study of at least sixty (60) hours that may include field work as prescribed by the Appraisal Board;
(d)
Have passed an examination as prescribed by the Appraisal Board;
(e)
Provide a certificate of insurance for errors and omissions and general liability insurance (in the required amounts) pursuant to Section
73-60-15
; and
(f)
Have passed a background investigation pursuant to Section
73-60-47
.
(3)
The Appraisal Board must review each application for a license submitted to it and must notify each applicant that the application is either accepted or rejected. The Appraisal Board must send notification of acceptance or rejections to the applicant at the address provided by the applicant in the application within thirty (30) days of receiving the application. If the application is rejected, the notice sent to the applicant must state the reasons for the rejection.
Laws, 2001, ch. 539, § 6, eff. 7/1/2001.
Amended by Laws, 2024, ch. 376, SB 2788,§ 6, eff. 7/1/2024.
Amended by Laws, 2021, ch. 318, HB 352,§ 2, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-13 - General liability insurance and errors and omissions insurance; notice of cancellation and nonrenewal; coverage limits

(1)
All home inspectors are required to carry general liability insurance and errors and omissions insurance.
(2)
Such policy and certificates shall provide that cancellation or nonrenewal of the policy shall not be effective unless and until at least ten (10) days' notice of cancellation or nonrenewal has been received in writing by the Appraisal Board.
(3)
Insurance coverage limits shall be no less than Two Hundred Fifty Thousand Dollars ($250,000.00) for general liability and no less than Two Hundred Fifty Thousand Dollars ($250,000.00) for errors and omissions, per occurrence.
Laws, 2001, ch. 539, § 7, eff. 7/1/2001.
Amended by Laws, 2024, ch. 376, SB 2788,§ 7, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-15 - Liability protections

(1)
An action by a client to recover damages for any act or omission of a home inspector relating to a home inspection that he conducts shall be commenced within three (3) years after the date a home inspection is completed or the action shall be barred. Further, a licensed home inspector shall not be liable for any latent defects that may be contained in the observable systems and components of improvements to residential real property that he has inspected and has issued a home inspection report.
(2)
Any professional who is licensed by the State of Mississippi when acting within the scope of his profession and is not a licensed home inspector shall not be liable for the findings, errors, or omissions of the home inspection, provided that he has not provided physical work on the residential building; has not committed proven fraud in the real estate transaction; and has no personal or financial interest in the ownership of the residential building.
(3)
Any person who in good faith or intention recommends or endorses a home inspector without compensation, remuneration, rebate, or any other form of consideration shall not be liable for the actions of that home inspector, including errors, omissions, failure to perform any contracted duties of a home inspection, or failure to meet the standards of practice, report writing standards, or code of ethics.
Laws, 2001, ch. 539, § 8, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-17 - Standards of practice and code of ethics

(1)
A licensed home inspector is required to follow the Standards of Practice and Code of Ethics as adopted and published by the commission.
(2)
A home inspection report must be issued by a home inspector to a client as specified in the Standards of Practice.
Laws, 2001, ch. 539, § 9, eff. 7/1/2001.
Brought forward by Laws, 2024, ch. 376, SB 2788,§ 8, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-19 - Exemptions from licensing provisions

The requirements of this chapter shall not prevent the following from performing a visual inspection of a home that is within the scope of their license without further license from the board: specialty contractor, general contractor, architect, engineer, insurance adjuster, individual employed by a governmental entity, person employed by a bank, savings and loan or credit union, licensed real estate broker or salesperson, a licensed appraiser or a home builder.
Laws, 2001, ch. 539, § 10, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-21 - Expiration and renewal of license

Except as provided in Section
33-1-39
, a license under this chapter shall expire two (2) years after its date of issuance. The Appraisal Board may issue a renewal license without examination, on submission of a completed renewal application, payment of the required license renewal fee, and successful completion of continuing education requirements.
Laws, 2001, ch. 539, § 11; Laws, 2007, ch. 309, § 38, eff. 3/8/2007.
Amended by Laws, 2024, ch. 376, SB 2788,§ 9, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-23 - Continuing education courses

(1)
Each person who applies for renewal of his or her license shall successfully complete home inspector continuing education courses approved by the Appraisal Board at the rate of twenty (20) hours every two (2) years. No license may be renewed except upon the successful completion of the required courses or their equivalent or upon a waiver of those requirements for good cause shown as determined by the Appraisal Board pursuant to rule with the recommendation of the Home Inspector Board.
(2)
The Appraisal Board shall establish criteria for certifying providers of continuing education for home inspectors. All such continuing education providers must be approved by the Appraisal Board.
(3)
Each renewal applicant shall certify, on his or her renewal application, full compliance with continuing education requirements. The provider of approval of continuing education shall retain and submit to the commission, after the completion of each course, evidence of those successfully completing the course.
Laws, 2001, ch. 539, § 12, eff. 7/1/2001.
Amended by Laws, 2024, ch. 376, SB 2788,§ 10, eff. 7/1/2024.
Reenacted by Laws, 2017, ch. 389, SB 2017, 4, eff. 7/1/2017.
Amended by Laws, 2013, ch. 442, SB 2698, 4, eff. 7/1/2013.
See Laws, 2017, ch. 389, SB 2017, § 7.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-25 - Reciprocity for nonresident home inspectors

A home inspector license may be issued to a home inspector from another state who satisfies one (1) of the following requirements:
(a)
holds a valid certificate of certification, registration or home inspector license in good standing issued by another state, which has requirements for licensure substantially identical to those of this state, or
(b)
has passed the examination offered by the American Society of Home Inspectors or the National Association of Home Inspectors. The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section
73-50-1
or
73-50-2
, as applicable.
Laws, 2001, ch. 539, § 13, eff. 7/1/2001.
Amended by Laws, 2021, ch. 398, HB 1263,§ 37, eff. 7/1/2021.
Amended by Laws, 2013, ch. 350, SB 2419, 40, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-27 - Penalties for unlicensed practice of home inspection; authority of commission to investigate unlicensed activity; home repairs prohibited as part of home inspection services; additional licensing and certification requirements

(1)
On or after July 1, 2001, any person who acts as a home inspector, or holds himself or herself out as a home inspector, without being licensed under this chapter, shall, in addition to any other penalty provided by law, be liable for an administrative fine not to exceed One Thousand Dollars ($1,000.00) for a first offense and not to exceed Five Thousand Dollars ($5,000.00) for a second or subsequent offense as determined by the Appraisal Board.
(2)
The Appraisal Board has the authority and power to investigate any and all unlicensed activity.
(3)
No licensed home inspector may perform repairs on a residential building as part of or result of the home inspection.
(4)
After October 1, 2001, no person licensed under this chapter shall offer to perform or perform inspection services on new construction for a fee without having first obtained a residential home builders license from the Mississippi Board of Contractors and certification by the Southern Building Code Congress or any other national professional code organization.
Laws, 2001, ch. 539, § 14, eff. 7/1/2001.
Amended by Laws, 2024, ch. 376, SB 2788,§ 11, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-29 - Licensing fees; Home Inspectors License Fund

The Appraisal Board shall charge and collect appropriate fees for its services under this chapter. The fees charged shall not exceed the amounts indicated below and shall be set by the Appraisal Board.
LICENSURE FEES:
Application and examination.............................. $175.00
Initial and renewal license.............................. $325.00
Delinquent renewal penalty................... 100% of renewal fee
SERVICES:
For each change of address............................... $ 25.00
For each duplicate license............................... $ 25.00
To change status as a licensee from active to inactive.... $ 25.00
For each bad check received by the commission............. $ 25.00
All fees charged and collected under this chapter shall be paid by the Appraisal Board at least once a week, accompanied by a detailed statement thereof, to the credit of the fund known as the "Home Inspector License Fund," hereby created in the State Treasury. All monies which are collected under this chapter shall be paid into and credited to such fund for the use of the Home Inspector Board in carrying out the provisions of the chapter, including the payment of salaries and expenses, printing an annual directory of licensees, and for educational purposes. All interest earned on the Home Inspector License Fund shall be retained by the Home Inspector Board for purposes consistent with this chapter. The Appraisal Board shall submit a monthly statement to the Home Inspector Board detailing any expenses which it bears as a share in the expense of administering this chapter, for which expenses it shall be reimbursed in the amount approved by the Home Inspector Board. The Appraisal Board shall prepare an annual statement of income and expenses related to its regulatory-related administrative function.
Laws, 2001, ch. 539, § 15, eff. 7/1/2001.
Amended by Laws, 2024, ch. 376, SB 2788,§ 12, eff. 7/1/2024.
Reenacted by Laws, 2017, ch. 389, SB 2017, 5, eff. 7/1/2017.
Amended by Laws, 2013, ch. 442, SB 2698, 5, eff. 7/1/2013.
See Laws, 2017, ch. 389, SB 2017, § 7.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-31 - Disciplinary actions; causes

The Appraisal Board may refuse to issue , renew, or may revoke or suspend, a license or may place on probation, censure, reprimand or take other disciplinary action with regard to any license issued under this chapter, including the issuance of fines for each violation, for any one (1) or combination of the following causes:
(a)
Violations of this chapter or the Appraisal Board's rules promulgated pursuant hereto;
(b)
Violation of terms of license probation;
(c)
Conviction of a felony or making a plea of guilty or nolo contendere within five (5) years prior to the date of application;
(d)
Operating without adequate insurance coverage required for licensees;
(e)
Fraud in the procurement or performance of a contract to conduct a home inspection; and
(f)
Failure to submit to or pass a background investigation pursuant to Section
73-60-47
.
Laws, 2001, ch. 539, § 16, eff. 7/1/2001.
Amended by Laws, 2024, ch. 376, SB 2788,§ 13, eff. 7/1/2024.
Amended by Laws, 2021, ch. 318, HB 352,§ 3, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-33 - Disciplinary actions; proceedings

(1)
The Appraisal Board may investigate the actions of an applicant or of a person holding or claiming to hold a license upon complaint in writing of any person setting forth facts which, if proved, would constitute a violation of this chapter or rules promulgated hereunder.
(2)
Whenever it appears to the Appraisal Board that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, they may, in their discretion, seek any or all of the following remedies:
(a)
When in the public interest to prevent harm to the welfare and safety of the public, issue a cease and desist order, with or without a prior hearing against the person or persons engaged in the prohibited activities, directing them to cease and desist from further illegal activity; or
(b)
Bring an action in chancery court to enjoin the acts or practices to enforce compliance with this chapter or any rule or order hereunder. Upon a proper showing a permanent or temporary injunction, restraining order or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets.
(3)
With the exception of actions authorized by subsection (2)(a) and (b) above, the Appraisal Board shall, before taking any disciplinary action that it may deem proper with regard to a license, at least twenty (20) days prior to the date set for a hearing, notify the applicant or licensee in writing of any charges made and the time and place for a hearing of the charges. Such written notice may be served by personal delivery or certified or registered mail at the licensee's last known address as reflected on their licensing application.
(4)
The Appraisal Board shall, after a hearing, issue an order either issuing, renewing, refusing to issue or renew, reinstating or revoking the license.
Laws, 2001, ch. 539, § 17, eff. 7/1/2001.
Amended by Laws, 2024, ch. 376, SB 2788,§ 14, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-35 - Revocation or suspension of license

(1)
Upon the revocation or suspension of a license, the licensee shall immediately surrender the license to the Appraisal Board. If the licensee fails to do so, the Appraisal Board shall have the right to seize the license.
(2)
If circumstances of suspension or revocation so indicate, the Appraisal Board may require an examination of the licensee before restoring his license.
Laws, 2001, ch. 539, § 18, eff. 7/1/2001.
Amended by Laws, 2024, ch. 376, SB 2788,§ 15, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-37 - Commission to maintain roster of licensees

The Appraisal Board shall maintain a roster of names and addresses of all licenses and of all persons whose licenses have been suspended or revoked. This roster shall be published on a web site designated by the Appraisal Board. All licensees under this chapter shall inform the Appraisal Board of any change in their business or home address.
Laws, 2001, ch. 539, § 19, eff. 7/1/2001.
Amended by Laws, 2024, ch. 376, SB 2788,§ 16, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-39 - Qualification for license without examination

A person already engaged in the business of performing home inspections on July 1, 2001, is allowed ninety (90) days from July 1, 2001, to comply with the provisions of this chapter for the purpose of qualifying to perform home inspections. Such person will qualify for a license without being required to take an examination if he or she can document to the satisfaction of the Appraisal Board that he or she has conducted not less than twenty (20) fee-paid home inspections in the previous twelve (12) months or one hundred (100) fee-paid home inspections over his or her career or that he or she has received certification as a home inspector from a nationally recognized education center in a curriculum approved by the United States Department of Housing and Urban Development and the United States Department of Education.
Laws, 2001, ch. 539, § 20, eff. 7/1/2001.
Amended by Laws, 2024, ch. 376, SB 2788,§ 17, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-41 - Public disclosure of information in registration or renewal application

The information contained in or filed with any registration application or renewal application is subject to public disclosure. Information in the possession of, submitted to or obtained by the Appraisal Board in connection with any investigation or examination under this chapter shall be confidential and exempt from the requirements of the Mississippi Public Records Act of 1983. No such information may be disclosed by the Appraisal Board or its employees unless necessary or appropriate in connection with a particular investigation or proceeding under this chapter or for any law enforcement purpose, in the absence of an order of a court of competent jurisdiction requiring such disclosure.
Laws, 2001, ch. 539, § 21, eff. 7/1/2001.
Amended by Laws, 2024, ch. 376, SB 2788,§ 18, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-43 - Provisions of chapter may not be waived

Any condition, stipulation or provision binding any person engaging the services of a home inspector to waive compliance with any provision of this chapter or any rule or order hereunder is void.
Laws, 2001, ch. 539, § 22, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 60 - HOME INSPECTORS (§§ 73-60-1 — 73-60-47) › Section 73-60-45 - [Home Inspector Board authorized to employ legal counsel]

The Home Inspector Board may employ legal counsel to represent it in any proceedings when legal counsel is required.
Laws, 2001, ch. 539, § 23, eff. 7/1/2001.
Amended by Laws, 2024, ch. 376, SB 2788,§ 19, eff. 7/1/2024.
Reenacted by Laws, 2017, ch. 389, SB 2017, 6, eff. 7/1/2017.
Amended by Laws, 2013, ch. 442, SB 2698, 6, eff. 7/1/2013.
See Laws, 2017, ch. 389, SB 2017, § 7.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 63 - REGISTERED PROFESSIONAL GEOLOGISTS PRACTICE ACT (§§ 73-63-1 — 73-63-57) › Section 73-63-1 - Title

This chapter shall be known and may be cited as "The Registered Professional Geologists Practice Act of 1997."
Laws, 1997, ch. 522, § 1, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 63 - REGISTERED PROFESSIONAL GEOLOGISTS PRACTICE ACT (§§ 73-63-1 — 73-63-57) › Section 73-63-3 - Purpose

In order to safeguard life, health, and property, and to promote the public welfare, it is in the public interest to require any person in either public or private capacity practicing or offering to practice geology to be registered, unless otherwise authorized by this chapter.
Laws, 1997, ch. 522, § 2, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 63 - REGISTERED PROFESSIONAL GEOLOGISTS PRACTICE ACT (§§ 73-63-1 — 73-63-57) › Section 73-63-11 - Compensation of board

Each member of the board, except a state employee, shall receive per diem in accordance with Section
25-3-69
when actually attending meetings of the board or its committees. Board members shall be reimbursed for traveling expenses in accordance with Section
25-3-41
. If the president of the board assumes the powers and duties under Section
73-63-19
, the president shall receive per diem for each day spent executing those powers and duties. The board, by majority vote, may elect not to receive per diem compensation, which election shall be revocable.
Laws, 1997, ch. 522, § 6; Laws, 2006, ch. 598, § 4, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 63 - REGISTERED PROFESSIONAL GEOLOGISTS PRACTICE ACT (§§ 73-63-1 — 73-63-57) › Section 73-63-13 - Removal or suspension of board members

The Governor may remove or suspend any member of the board for any of the following causes:
(a)
A member is no longer qualified for appointment to the board;
(b)
Misconduct, incompetence, neglect of official duties, malfeasance or inability to perform official duties due to incapacitation;
(c)
Commission of a felony or violation of this chapter resulting in disciplinary action; or
(d)
Unexcused failure to attend at least one-half (1/2) of the regularly scheduled meetings held in a calendar year.
Laws, 1997, ch. 522, § 7, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 63 - REGISTERED PROFESSIONAL GEOLOGISTS PRACTICE ACT (§§ 73-63-1 — 73-63-57) › Section 73-63-15 - Meetings of board; election of officers

(1)
The board shall meet within sixty (60) days after appointment of its members. The board shall hold at least two (2) regular meetings each year. Special meetings may be held at any time as provided in the rules and regulations of the board. The board shall provide notice of its meetings.
(2)
The board shall elect annually from its membership a president and vice president. The president or vice president shall not hold that office for more than two (2) consecutive annual terms.
(3)
A majority of the board shall constitute a quorum.
(4)
The board shall keep a record of its proceedings.
Laws, 1997, ch. 522, § 8, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 63 - REGISTERED PROFESSIONAL GEOLOGISTS PRACTICE ACT (§§ 73-63-1 — 73-63-57) › Section 73-63-19 - Powers and duties of executive director

(1)
If the board employs an executive director, the executive director shall have the following powers and duties:
(a)
To administer the policies of the board within the authority granted by the board;
(b)
To supervise and direct all administrative, technical and investigative activities of the board;
(c)
To organize the administrative units of the board in accordance with a plan adopted by the board and to alter that organizational plan and reassign responsibilities with approval of the board as deemed necessary to carry out the policies of the board;
(d)
To recommend to the board appropriate studies and investigations and to carry out the approved recommendations;
(e)
To issue, modify or revoke any orders under authority granted by the board;
(f)
To enter into contracts, grants and cooperative agreements as approved by the board with any federal or state agency, any public or private institution or any other person to carry out this chapter;
(g)
To receive, administer and account for any funds received by the board;
(h)
To prepare and deliver to the Legislature and the Governor before January 1 of each year, and at any other times as may be required by the board, Legislature or Governor, a full report of the work of the board, including a detailed statement of revenues and expenditures of the board and any recommendations the board may have; and
(i)
To discharge other powers, duties and responsibilities as directed or delegated by the board.
(2)
The executive director shall give a surety bond satisfactory to the board, conditioned upon the faithful performance of the executive director's duties. The premium on the bond shall be regarded as a proper and necessary expense of the board.
(3)
If the board does not employ an executive director, the president of the board shall have the powers and duties provided in subsection (1) of this section.
Laws, 1997, ch. 522, § 10, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 63 - REGISTERED PROFESSIONAL GEOLOGISTS PRACTICE ACT (§§ 73-63-1 — 73-63-57) › Section 73-63-21 - Registered Professional Geologists Fund

(1)
There is created in the State Treasury a fund to be designated as the "Registered Professional Geologists Fund," to be administered by the president or executive director of the board.
(2)
Monies in the fund shall be utilized to pay reasonable direct and indirect costs associated with the administration and enforcement of this chapter.
(3)
Expenditures from the fund may be made upon requisition by the president or executive director of the board.
(4)
The fund shall be treated as a special trust fund. Interest earned on the principal shall be credited to the fund by the Treasurer.
(5)
The fund may receive monies from any available public or private source, including, but not limited to, collection of fees, interest, grants, taxes, public and private donations, judicial actions and appropriated funds.
(6)
Monies in the fund at the end of the fiscal year shall be retained in the fund for use in the next succeeding fiscal year.
Laws, 1997, ch. 522, § 11, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 63 - REGISTERED PROFESSIONAL GEOLOGISTS PRACTICE ACT (§§ 73-63-1 — 73-63-57) › Section 73-63-23 - Maintenance of records by board

(1)
The board shall keep the minutes of the board, including all orders, rules and regulations adopted, in a record book or books maintained for that purpose. The book or books shall be a public record and open to inspection by the public during all reasonable hours. All minutes of board meetings and hearings, and all rules, regulations and orders made by the board shall be in writing. The board shall compile and publish as necessary the rules and regulations promulgated by the board in current consolidated version. The board shall provide the consolidated compilation of the rules and regulations to the public for a cost sufficient to cover printing, postage and administrative expenses, including the cost of any contractual services necessary to compile and publish those rules and regulations.
(2)
The board shall also keep a register of all applications for registration or enrollment, which shall show:
(a)
The name, residence and date of birth of the applicant;
(b)
The date of the application;
(c)
The name, address and telephone number of the applicant's employer;
(d)
The applicant's educational and other qualifications;
(e)
The name of any other state in which or any other organization by which the applicant is registered, licensed or certified and date of that action;
(f)
The date of any action taken by the board regarding this applicant; and
(g)
Other information deemed necessary by the board.
(3)
The board shall maintain a roster showing the names and place of business or residence of all registered professional geologists. The board shall upon request provide copies of the roster to state and local governmental entities. The board shall provide copies of the roster to any other person upon written request for a cost sufficient to cover printing, postage and administrative and other expenses. In addition, the board shall maintain a roster of all geologists-in-training.
(4)
The board shall also maintain a list of each state, territory or possession of the United States, or foreign country in which the requirements and qualifications for registration are comparable to those established in this state and with which a reciprocity agreement or other form of mutual recognition exists.
(5)
The records kept by the board shall be prima facie evidence of the proceedings of the board and a transcript, certified by the president and vice president, shall be admissible in evidence with the same force and effect as if the original was produced.
Laws, 1997, ch. 522, § 12, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 63 - REGISTERED PROFESSIONAL GEOLOGISTS PRACTICE ACT (§§ 73-63-1 — 73-63-57) › Section 73-63-25 - Designation of Attorney General as counsel for board

Except as otherwise authorized in Section
7-5-39
, the Attorney General shall be counsel and attorney for the board and shall provide any legal services as may be requested by the board from time to time. The board may retain outside counsel and investigators to provide any legal and investigative assistance as may be necessary in enforcing this chapter as authorized in Chapter 546, Laws of 2012.
Laws, 1997, ch. 522, § 13; Laws, 2012, ch. 546, § 40, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 63 - REGISTERED PROFESSIONAL GEOLOGISTS PRACTICE ACT (§§ 73-63-1 — 73-63-57) › Section 73-63-29 - Form of application

(1)
Applications for enrollment as a geologist-in-training or for registration as a professional geologist, in general or in any specialty, shall be on forms prescribed and furnished by the board. The application shall include information necessary for the roster under Section
73-63-23
, the applicant's educational qualifications and a detailed summary of the applicant's qualifying experience. The board may require the applicant to have provided an original transcript or equivalent documentation of the applicant's educational qualifications. The applicant shall also submit a signed statement that the applicant has read and shall adhere to any code of professional conduct established by the board. The application shall be signed and sworn by the applicant before a notary public.
(2)
An application for enrollment as a geologist-in-training or for registration or renewal of registration as a professional geologist, in general or in any specialty, shall be accompanied by the appropriate application fee.
Laws, 1997, ch. 522, § 15, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 63 - REGISTERED PROFESSIONAL GEOLOGISTS PRACTICE ACT (§§ 73-63-1 — 73-63-57) › Section 73-63-31 - Examination

The board may adopt, in part or in whole, examinations prepared, administered or graded by other organizations, on a regional or national basis, which the board determines are appropriate to measure the qualifications of an applicant for registration as a professional geologist, in general or in a specialty of geology, or enrollment as a geologist-in-training. In adopting any examination, the board shall require that the examination questions and correct answers and any individual applicant's completed examination, be available to the board. The board shall retain the authority to determine a passing grade for purposes of registration or enrollment in this state.
Laws, 1997, ch. 522, § 16, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 63 - REGISTERED PROFESSIONAL GEOLOGISTS PRACTICE ACT (§§ 73-63-1 — 73-63-57) › Section 73-63-33 - Issuance of certificates; denial of certificates

(1)
The board shall issue a certificate of registration or certificate of enrollment as a geologist-in-training, upon payment of the applicable registration fee, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter.
In the case of a registered professional geologist, the certificate of registration shall authorize the "practice of geology."
In the case of a geologist-in-training, the certificate shall state that the applicant has successfully passed the examination required by the board and has been enrolled as a "geologist-in-training" for a period of ten (10) years or until registration as a professional geologist, whichever comes first.
Certificates shall show the full name, have a serial number, and be signed by the president and the vice president of the board under seal of the board.
(2)
If the board denies the issuance of a certificate of registration or a certificate of enrollment, the board shall notify the applicant in writing within thirty (30) days following the board's decision and shall state the reasons for the denial. Within thirty (30) days following receipt of the notice, the applicant may make written request for a hearing, which, if granted, shall be conducted as provided in this chapter. If no hearing is requested or is untimely requested, the board's action shall be final.
(3)
The issuance of a certificate of registration by the board shall be prima facie evidence that the person named on the certificate is entitled to all the rights and privileges of a registered professional geologist and to practice geology as a firm or corporation, while the certificate remains unrevoked or unexpired.
(4)
Each registered professional geologist shall be provided with a seal of a design established by the board, bearing the person's name, registration number, the legend "Registered Professional Geologist." This cost of providing the seal shall be borne by the registered professional geologist. Geologic reports, documents or other public records offered to or filed for the public and prepared or issued by a registered professional geologist, or by a subordinate under the supervision of a registered professional geologist, shall be stamped with the seal, signed and dated by the registered professional geologist.
Laws, 1997, ch. 522, § 17, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 63 - REGISTERED PROFESSIONAL GEOLOGISTS PRACTICE ACT (§§ 73-63-1 — 73-63-57) › Section 73-63-35 - Expiration of certificates; renewal; lost or destroyed certificates

(1)
Except as provided in Section
33-1-39
, certificates of registration shall be valid for a period of two (2) years, and shall expire on a date or dates established by the board. The board shall notify every registered professional geologist of the date of expiration of that person's certificate and the amount of the fee that shall be required for its renewal at least sixty (60) days before the expiration date. Upon expiration, a certificate shall be cancelled and is invalid, and may not be renewed unless provided in this chapter.
(2)
The board shall renew the certificate of registration or certificate of enrollment of any registrant who, within sixty (60) days following the expiration date:
(a)
Submits a renewal application, the renewal fee and any penalty for late renewal; and
(b)
Meets the requirements for renewal established by the board which may include requiring evidence of continued competence in the practice of geology through a review of qualifications and experience.
(3)
The board shall establish requirements and conditions for the reissuance of certificates of registration and certificates of enrollment which have lapsed, expired, or have been suspended or revoked.
(4)
The board shall issue a new certificate to replace any certificate of registration or certificate of enrollment which has been lost, destroyed, or mutilated. The holder of the certificate shall bear the cost of issuing a new certificate.
Laws, 1997, ch. 522, § 18; Laws, 2007, ch. 309, § 40, eff. 3/8/2007.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 63 - REGISTERED PROFESSIONAL GEOLOGISTS PRACTICE ACT (§§ 73-63-1 — 73-63-57) › Section 73-63-37 - Fees

(1)
The board shall establish, by rule, application fees which shall not exceed Two Hundred Dollars ($200.00) for application for registration and One Hundred Dollars ($100.00) for application for enrollment.
(2)
In addition to the application fee required under subsection (1) of this section, an applicant shall pay an examination fee before taking the applicable examination. The board shall set a reasonable examination fee for each examination administered by the board to defer the actual cost of the examination.
(3)
The board shall establish, by rule, registration fees which shall not exceed Two Hundred Dollars ($200.00) annually for registration as a registered professional geologist and One Hundred Dollars ($100.00) annually for enrollment as a geologist-in-training.
(4)
The board shall establish, by rule, fees for the renewal and reissuance of a certificate of registration or certificate of enrollment.
Laws, 1997, ch. 522, § 19; Laws, 2006, ch. 598, § 5, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 63 - REGISTERED PROFESSIONAL GEOLOGISTS PRACTICE ACT (§§ 73-63-1 — 73-63-57) › Section 73-63-39 - Recognition of out-of-state registration, licensure, or certification; reciprocal registration agreements

(1)
The board may sign agreements with boards of registration, licensure or certification in other states, and with other appropriate organizations and agencies, for the purposes of:
(a)
Developing uniform standards for registration of professional geologists or enrollment of geologists-in-training;
(b)
Accrediting educational programs;
(c)
Establishing reciprocity, comity, temporary registration, or mutual recognition of registration or enrollment;
(d)
Developing regional or national examinations;
(e)
Evaluating applicants; or
(f)
Other purposes consistent with this chapter.
(2)
Any person holding a valid certificate of registration, licensure or certification for the practice of geology or a recognized specialty of geology, issued under the laws of any state or territory or possession of the United States, or any foreign country, shall be eligible for registration, without examination. The board may issue a certificate of registration to any person who has made application, provided proof of registration, licensure or certification under requirements which the board determines to be substantially similar to those established under this chapter and paid all applicable fees. The issuance of a certificate of registration by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section
73-50-1
or
73-50-2
, as applicable.
Laws, 1997, ch. 522, § 20, eff. 7/1/1997.
Amended by Laws, 2021, ch. 398, HB 1263,§ 38, eff. 7/1/2021.
Amended by Laws, 2013, ch. 350, SB 2419, 41, eff. 7/1/2013.