Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 67 - MISSISSIPPI INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM LAW (§§ 41-67-1 — 41-67-101) › GENERAL PROVISIONS (§§ 41-67-1 — 41-67-41) › Section 41-67-37 - [Repealed Effective 7/1/2028] Certified professional evaluator; certification requirements; renewal; official list of certified professional evaluators; penalty for operating without certification

(1)
A person may not operate as a certified professional evaluator in this state unless that person is currently certified by the department or is a licensed professional engineer.
(2)
A person must meet one (1) of the following requirements, in addition to the additional requirements set forth in other sections of this chapter and rules and regulations of the board, in order to be eligible to become a certified professional evaluator:
(a)
Be a professional geologist registered in the State of Mississippi;
(b)
Be a professional soil classifier licensed in the State of Mississippi; or
(c)
Be a person who possesses a demonstrable, adequate and appropriate record of professional experience and/or training as determined by the department.
(3)
The department shall issue a certification to a certified professional evaluator if the certified professional evaluator:
(a)
Completes an application form that complies with this chapter and rules adopted under this chapter;
(b)
Satisfactorily completes the certified professional evaluator training program provided by the department;
(c)
Pays the certification fee once every three (3) years; any increase in the fee charged by the department under this paragraph shall be in accordance with the provisions of Section
41-3-65
; and
(d)
Provides proof of having an errors and omissions policy or surety in effect with liability limits of at least Fifty Thousand Dollars ($50,000.00) per occurrence and at least One Hundred Thousand Dollars ($100,000.00) in total aggregate amount.
(4)
Each certified professional evaluator shall furnish proof of certification to a property owner or the owner's representative of the property before performing a site evaluation of the property on which an individual on-site wastewater disposal system is to be designed, constructed, repaired or installed by the certified professional evaluator and to the department or its authorized representative, if requested.
(5)
The department shall provide for renewal of certifications once every three (3) years.
(6)
The department shall disseminate to the public an official list of certified professional evaluators.
(7)
If any person who is not a licensed professional engineer operates in the state as a certified professional evaluator without certification by the department, the department, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation.
Laws, 2008, ch. 563, § 23, eff. 7/1/2009; reenacted and amended, Laws, 2011, ch. 544, § 22, eff. 4/26/2011.
Reenacted by Laws, 2023, ch. 401, HB 522,§ 21, eff. 7/1/2023.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 18, eff. 7/1/2020.
Repealed by the terms of §
41-67-31
, as amended by Laws, 2013, ch. 513, HB 719, 25, eff. 7/1/2013.
Amended by Laws, 2016, ch. 510, HB 289, 18, eff. 7/1/2016, rep. 7/1/2020, repeal date removed by Laws, 2020, ch. 473, SB 2311,§ 6, eff. 7/1/2020.
Amended by Laws, 2013, ch. 513, HB 719, 22, eff. 7/1/2013.