reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 2 - Voted Absentee Ballot is Final Vote › Rule 1-17-2.3 - Absentee Ballot by mail

Current through June 25, 2024
(a) When a
				registrar mails an absentee ballot to an absent voter, SEMS will be used to
				document the request and issuance of the ballot. In the process of providing an
				absentee ballot, the registrar will use SEMS to produce pollbooks, or mark
				directly on the pollbook, to indicate the absent voter has been mailed an
				absentee ballot or absentee ballot has been received by the registrar by
				printing "VOTED AB" in the pollbook beside the voter's name in the Election
				Date/Write Voted column. If an absent elector appears at the polling place on
				election day, after having been mailed an absentee ballot or returned an
				absentee ballot and seeks to cast a regular ballot, the voter must be informed
				that he/she is not entitled to cast a regular ballot, but the voter may cast an
				affidavit ballot. The absentee ballot, upon receipt by the registrar, processed
				as received in SEMS and deposited into a secure ballot box, shall be final, if
				accepted by the Resolution Board.
(b) In canvassing the election, the officials
				in charge of the election shall check the Absentee Ballot Received Report
				(BP-001 from SEMS) and SEMS to see whether an absentee ballot was received by
				the registrar, and also check to see whether the Resolution Board accepted the
				absentee ballot. If the absent voter's absentee ballot has been received within
				five (5) business days of the election and accepted by the Resolution Board,
				the officials in charge of the election shall reject the absent voter's
				affidavit ballot. If the absent voter's absentee ballot has not been received
				within five (5) business days after the election, or was rejected by the
				Resolution Board, the officials in charge of the election may accept the
				affidavit ballot if determined to be legal.
Miss. Code Ann.§
										23-15-637(3).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 3 - Counting Absentee Ballots › Rule 1-17-3.1 - Public Notice of Meeting of Resolution Board to Process Absentee Ballots

Current through June 25, 2024
Public notice of the meeting of the Resolution Board must be
				  posted at least five (5) business days prior to the election at the office of
				  the registrar (courthouse for county elections and municipal office building
				  for municipal elections), at the meeting place of the election commission, on
				  the wall of each polling place as a precinct sign on Election Day, and any
				  other place deemed appropriate by the officials in charge of the election. If
				  the county has a website or official social media pages, then notice shall be
				  provided on the website and social media pages as well. The public notice must
				  include the time, location, and purpose of the Resolution Board's meeting. All
				  meetings of the Resolution Board shall be open to the public.
Miss. Code Ann. §
										73-75-13
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 3 - Counting Absentee Ballots › Rule 1-17-3.3 - Qualifications for Licensure as an Assistant Behavior Analyst

Current through June 25, 2024
A.
Education
1) Education qualifications deemed equivalent
				to those specified in Miss. Code Ann. §
										73-75-13
				shall be at least a Bachelor's degree, e.g., B.A. or B.S.
2) Institutions recognized by the Board
				within the meaning Miss. Code Ann. §
										73-75-13
				shall be those institutions with academic programs approved by the BACB.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 3 - Counting Absentee Ballots › Rule 1-17-3.4 - Licensure by Reciprocity

Current through June 25, 2024
An applicant for licensure by reciprocity shall submit to
				  the Board, verified by oath, written evidence in form and content satisfactory
				  to the Board that the applicant has met all requirements set forth in Rule 3.1
				  and 3.2 or 3.3 of these regulations.
Miss. Code Ann. §
										73-75-15
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 3 - Counting Absentee Ballots › Rule 1-17-3.5 - Temporary License

Current through June 25, 2024
A. A temporary
				license to practice a may be granted to:
1)
				An applicant for licensure meeting the requirements of Rule 3.1 and 3.2 or 3.3
				who has taken the approved National Examination and is awaiting release of the
				applicant's score; and
2) An
				applicant for licensure as a behavior analyst who is awaiting the next oral
				examination by the Board.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 3 - Counting Absentee Ballots › Rule 1-17-3.6 - Conditions of Temporary Licensure

Current through June 25, 2024
A. A temporary
				license shall be issued for a six (6) month period beginning on the date of
				issuance. All regular license requirements must be completed and submitted to
				the Board during the temporary licensure period. Supervision by a Licensed
				Behavior Analyst must be maintained until the temporary license is upgraded to
				a regular license by the Board.
B.
				A temporary licensee shall restrict his practice setting to the State of
				Mississippi.
1) A temporary licensee shall
				practice under the supervision of a current licensee holding a corresponding,
				regular license issued by the Board.
2) A temporary licensee may not supervise any
				other licensee or behavior technician.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 3 - Counting Absentee Ballots › Rule 1-17-3.7 - Abandonment

Current through June 25, 2024
An application shall be deemed abandoned by the Board if,
				  after six (6) months from the date of filing, the requirements for licensing
				  have not been completed and submitted to the Board.
Miss. Code Ann. §
										73-75-9.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 4 - Signature mismatch and cure › Rule 1-17-4.1 - Notice of signature mismatch on absentee ballot application and absentee ballot envelope

Current through June 25, 2024
When a voter's absentee ballot is rejected under Miss. Code
				  Ann. §
									23-15-639
				  for the signatures not corresponding on the absentee application and absentee
				  ballot envelope, the registrar must notify the voter within one (1) business
				  day of the election that the voter's absentee ballot has been tentatively
				  rejected. The notice must inform the voter that his/her ballot has been
				  tentatively rejected because the signature on the absentee application does not
				  correspond to the signature on the absentee ballot envelope and the process for
				  curing such deficiency. The notice must also inform the voter that if he/she
				  does not cure the signature mismatch by noon on the 10th calendar day
				  post-election, the voter's ballot will not be counted. Notice to the voter
				  shall be made first by telephone, if a phone number is available, and followed
				  by email or facsimile if either is available to transmit the notice and the
				  Absentee Cure Form. If email or facsimile is not available to transmit notice
				  and the Absentee Cure Form, it shall be transmitted by first-class mail to any
				  rejected absentee voter.
Miss. Code
				  Ann.§§
										23-15-637;
				  23-15-639.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 4 - Signature mismatch and cure › Rule 1-17-4.2 - Cure process or rejected absentee ballots

Current through June 25, 2024
(a) When a voter's
				absentee ballot is rejected due to the signature on the absentee application
				not corresponding to the signature on the absentee ballot envelope, the voter
				may cure the deficiency by completing an "Absentee Cure Form." The Absentee
				Cure Form, which must take the form as prescribed in these rules, must be
				delivered to the voter within one (1) business day of rejection of the voter's
				absentee ballot and include the notice of deficiency. The Absentee Cure Form
				may be delivered to the voter by mail, email, facsimile, or in-person at the
				registrar's office. The appropriate official in charge of the election shall
				complete the return due date on the Absentee Cure Form prior to sending to the
				voter.
(b) The Absentee Cure Form
				shall ask the voter to:
1 Declare that the
				voter submitted his/her absentee ballot;
2 Verify the voter's identity by either:
a Providing the voter's Mississippi Driver's
				License Number or DPS issued photo ID number;
b If the voter does not have a Mississippi
				Driver's License Number or DPS issued photo ID, providing the last four digits
				of his/her Social Security Number; or,
c If the voter has neither a Mississippi
				Driver's License Number or DPS issued photo ID, or the last four digits of
				his/her Social Security Number, attaching a legible copy of a state-accepted
				form of photo identification which lists the voter's name and address; an
				official federal, state, county or municipal document which lists the voter's
				name and address; or a utility or telephone bill or tax or rent receipt;
				and
d Sign and date the form prior
				to returning it.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 5 - Renewal of License › Rule 1-17-5.1 - General Provisions

Current through June 25, 2024
A. The Board shall
				issue regular licenses, which shall be renewed prior to the expiration date of
				the license.
B. The licensure
				period shall not exceed three (3) years and will terminate at midnight on the
				date of expiration unless renewed.
Miss. Code Ann. §
										73-75-21
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 5 - Renewal of License › Rule 1-17-5.2 - Procedure for Renewal of License

Current through June 25, 2024
The Board shall make renewal applications available
				  electronically and provide copies to licensed individuals by mail if requested
				  by the licensee.
A. The licensee
				shall:
1) Complete the renewal form;
2) Submit proof of continuing
				education credit as detailed in Chapter 6 of these regulations;
3) Enclose the renewal fee; and
4) File the above with the Board prior to the
				licensure expiration date.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 5 - Renewal of License › Rule 1-17-5.3 - Failure to Renew

Current through June 25, 2024
A licensee who does not comply with renewal requirements
				  prior to licensure expiration will be deemed to have allowed his license to
				  lapse. Said license may be reinstated by the Board, in its discretion, by the
				  payment of the "renewal," "late renewal penalty", and the required verification
				  of continuing education hours provided said application for reinstatement is
				  made within two (2) years after its last expiration date. A license may not be
				  reinstated after having lapsed for two (2) consecutive years. A new application
				  must be made and the licensure regulations in effect at the time of application
				  must be met.
Miss. Code Ann. §
										73-75-21
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 6 - Continuing Education › Rule 1-17-6.1 - Definition and philosophy

Current through June 25, 2024
Each individual licensed as a behavior analyst or assistant
				  behavior analyst is responsible for optimum service to the consumer and is
				  accountable to the consumer, the employer, and the profession for evidence of
				  maintaining high levels of skill and knowledge.
A. Continuing education is defined as
				education beyond the basic preparation required for entry into the profession,
				directly related to the performance and practice of applied behavior analysis.
				Relevancy of continuing education hours will be determined by the Board.
B. Pursuant to Miss. Code Ann.
				§
									73-75-21,
				continuing education is mandatory.
Miss. Code Ann. §
										73-75-21
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 6 - Continuing Education › Rule 1-17-6.2 - Requirements

Current through June 25, 2024
A. Each licensee must report a minimum of
				twelve (12) hours of continuing education each year, including one (1) hour of
				ethical or legal continuing education. Continuing education hours earned in
				excess of twelve (12) hours will carryover and apply to subsequent year(s)
				record.
B. Continuing education
				reports are due to the Board no later than June 30.
C. No more than fifty percent (50%) (number
				of hours/percentage of total) of the total hours reported may result from
				online or home study courses. Licensee may petition the Board for consideration
				of approval for synchronous (i.e. live or interactive) online training beyond
				that of the 50% limit.
D. Less
				than one (1) year licensed: If the licensee has been licensed for less than six
				(6) months by the June 30 deadline, no continuing education hours must be
				reported to the Board for that period. If the individual has been licensed for
				six (6) to nine (9) months, a minimum of six (6) continuing education hours
				shall be reported. If licensed for ten (10) or more months, twelve (12)
				continuing education hours shall be reported.
Miss. Code Ann. §
										73-75-21
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 6 - Continuing Education › Rule 1-17-6.3 - Content Criteria

Current through June 25, 2024
The content must apply to the field of applied behavior
				  analysis and must be designed to meet one of the following goals:
A. Update knowledge and skills required for
				competent performance beyond entry level as described in current legislation
				and regulations.
B. Allow the
				licensee to enhance his knowledge and skills.
C. Provide opportunities for
				interdisciplinary learning.
D.
				Extend limits of professional capabilities and opportunities.
E. Facilitate personal contributions to the
				advancement of the profession.
Miss. Code Ann. §
										73-75-21
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 6 - Continuing Education › Rule 1-17-6.4 - Sources of Continuing Education

Current through June 25, 2024
Sources of Continuing Education.
A. Only courses/providers of CE courses
				approved by the BACB will be accepted as continuing education for licensure
				renewal purposes. A course not approved by the BACB may be reviewed by the
				Board prior to attendance at the course. Contact the Board for information.
B. Specific
UNACCEPTABLE
activities include:
1) All in-service programs not approved in
				accordance with Rule 6.4(a) of these regulations.
2) Orientation to specific work-site programs
				dealing with organizational structures, processes, or procedures.
3) Meetings for purposes of policy decision.
4) Non-educational meetings at
				annual conferences, chapter, or organizational meetings.
5) Entertainment or recreational meetings or
				activities.
6) Committee meetings,
				holding of office, serving as an organizational delegate.
7) Visiting exhibits.
8) CPR education.
9) Self-directed studies other than those
				previously outlined.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 6 - Continuing Education › Rule 1-17-6.5 - Reporting Procedures for Continuing Education

Current through June 25, 2024
Continuing education credit must be awarded by the approved
				  program provider on a form furnished by the program provider. Proof of program
				  approval by an organization in accordance with Rule 6.4(a) must be submitted
				  with the certificate if a recognized approval source is not evident on the CE
				  certificate.
It is the responsibility of the licensee to insure that the
				  following criteria are met with respect to continuing education credit:
				  Attendance at seminars, workshops, presentations, etc., approved by the BACB as
				  required by Rule 6.4(a): Certificate of attendance or completion must be
				  submitted no later than June 30 of each year (must include source, number of
				  continuing education hours and date of attendance).
Miss. Code Ann. §
										73-75-21
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 7 - Revocation, Suspension and Denial of License › Rule 1-17-7.1 - Standards of Conduct

Current through June 25, 2024
Licensees subject to these regulations shall conduct their
				  activities, services, and practice in accordance with this section. Licensees
				  may be subject to the exercise of the disciplinary sanctions enumerated in 8.6
				  of these regulations if the Board finds that a licensee is guilty of any of the
				  following:
A. Negligence in the
				practice or performance of professional services or activities.
B. Engaging in dishonorable, unethical, or
				unprofessional conduct of a character likely to deceive, defraud, or harm the
				public in the course of professional services or activities.
C. Perpetrating or cooperating in fraud or
				material deception in obtaining or renewing a license or attempting the same.
D. Being convicted of any crime
				which has a substantial relationship to the licensee's activities and services
				or an essential element of which is misstatement, fraud, or dishonesty.
E. Being convicted of any crime,
				which is a felony under the laws of this state or the United States.
F. Engaging in or permitting the performance
				of unacceptable services personally or by others working under the licensee's
				supervision due to the licensee's deliberate or negligent act or acts or
				failure to act, regardless of whether actual damage to the public is
				established.
G. Continued practice
				although the licensee has become unfit to practice as a behavior analyst or
				assistant behavior analyst due to:
1) failure
				to keep abreast of current professional theory or practice; or
2) physical or mental disability; the entry
				of an order or judgment by a court of competent jurisdiction that a licensee is
				in need of mental treatment or is incompetent shall constitute mental
				disability; or
3) addiction or
				severe dependency upon alcohol or other drugs which may endanger the public by
				impairing the licensee's ability to practice.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 7 - Revocation, Suspension and Denial of License › Rule 1-17-7.2 - Rules For Professional Conduct

Current through June 25, 2024
All licensees must comply with the requirements of the
				  Professional and Ethical Compliance Code for Behavior Analysts published by the
				  BACB.
Miss. Code Ann. §
										73-75-19
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 7 - Revocation, Suspension and Denial of License › Rule 1-17-7.3 - Summary Suspension

Current through June 25, 2024
A. The Board may
				summarily suspend a license without a hearing, simultaneously with the filing
				of a formal complaint and notice of hearing, if the Board determines that:
1) the health, safety, or welfare of the
				public is in immediate danger; or
2) the licensee's physical capacity to
				practice his/her profession is in issue; or
3) the licensee's mental capacity to practice
				his/her profession is in issue.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 7 - Revocation, Suspension and Denial of License › Rule 1-17-7.4 - Complaints

Current through June 25, 2024
All complaints concerning a licensee, the licensee's
				  business, or professional practice, shall be reviewed by the Board. Each
				  complaint received shall be logged, recording at a minimum the following
				  information:
A. licensee's name;
B. behavior technician and
				supervisor's names, if applicable;
C. name of the complaining party, if known;
D. date of complaint;
E. brief statement of complaint; and
F. disposition.
Miss. Code Ann. §
										73-75-9
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 7 - Revocation, Suspension and Denial of License › Rule 1-17-7.6 - Notice of Charges and Hearing

Current through June 25, 2024
A. Following the
				investigative process, the Board may file formal charges against the licensee.
				Such formal complaint shall, at a minimum, inform the licensee of the facts
				which are the basis of the charge and which are specific enough to enable the
				licensee to defend against the charges.
B. Each licensee, whose conduct is the
				subject of a formal charge which seeks to impose disciplinary action against
				the licensee, shall be served notice of the formal charge at least thirty (30)
				days before the date of hearing. A hearing shall be presided over by the Board
				or the Board's designee. Service shall be considered to have been given if the
				notice was personally received by the licensee, or the notice was mailed
				certified, return receipt requested, to the licensee at the licensee's last
				known address as listed with the Board. The notice of the formal hearing shall
				consist at a minimum of the following information:
1) the time, place and date of hearing;
2) that the licensee shall appear
				personally at the hearing and may be represented by counsel;
3) that the licensee shall have the right to
				produce witnesses and evidence in the licensee's behalf and shall have the
				right to cross- examine adverse witnesses and evidence;
4) that the hearing could result in
				disciplinary action being taken against the licensee's license;
5) that rules for the conduct of these
				hearings exist and it may be in the licensee's best interest to obtain a copy;
				and
6) that the Board, or its
				designee, shall preside at the hearing and following the conclusion of the
				hearing shall make findings of facts, conclusions of law and recommendations,
				separately stated, to the Board as to what disciplinary action, if any, should
				be imposed on the licensee.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 7 - Revocation, Suspension and Denial of License › Rule 1-17-7.7 - Sanctions

Current through June 25, 2024
The Board may impose any of the following sanctions, singly
				  or in combination, when it finds that a licensee or applicant for license is
				  guilty of any violations of the practice act or any lawful order, rule or
				  regulation rendered or adopted by the Board:
A. Revoke the license.
B. Suspend the license, for a period not to
				exceed one (1) year.
C. Censure
				the licensee.
D. The Board shall
				have the right to recover applicable costs of investigation, prosecution, and
				adjudication of the disciplinary action from the offending licensee or
				applicant.
E. Place a licensee on
				probationary status and require the licensee to submit to any of the following:
1) report regularly to the Board, or its
				designee, upon matters which are the basis of probation;
2) continue to renew professional education
				until a satisfactory degree of skill has been attained in those areas which are
				the basis of probation; or
3) such
				other reasonable requirements or restrictions as are proper.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 7 - Revocation, Suspension and Denial of License › Rule 1-17-7.8 - Criteria For Rehabilitation

Current through June 25, 2024
Upon the suspension or revocation of a license, the Board,
				  in evaluating the rehabilitation of such person and his eligibility for
				  licensure, will consider the following:
A. The nature and severity of the act(s)
				which resulted in the suspension or revocation of his license.
B. The extent of time elapsed since the
				commission of the act(s) which resulted in the suspension or revocation.
C. Whether he has committed any
				act(s) which if done by a licensee would be grounds for suspension or
				revocation of a license since the date of suspension or revocation.
D. Whether he has done any act(s) involving
				dishonesty, fraud, or deceit with the intent to substantially benefit himself
				or another, or substantially injure another since the date of the suspension or
				revocation.
E. Whether he has
				complied with any or all conditions or probation or restitution, or any other
				civil or criminal sanction imposed against him as a result of the act(s)
				including such administrative penalties and conditions or probation as have
				been imposed on him by the Board; and
F. Such other evidence of rehabilitation as
				the person may submit.
Miss. Code Ann. §
										73-75-19
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 7 - Revocation, Suspension and Denial of License › Rule 1-17-7.9 - Appeals

Current through June 25, 2024
Any person aggrieved by a decision of the Board shall have a
				  right of appeal in the manner provided for in the Act and the Laws of the State
				  of Mississippi.
Miss. Code Ann. §
										73-75-19
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 8 - Exceptions and Exemptions › Rule 1-17-8.1 - Exemptions

Current through June 25, 2024
Nothing in these rules shall be construed or interpreted in
				  such a manner as to limit a qualified assistant or paraprofessional in
				  performing duties related to applied behavior analysis as assigned by a
				  professional exempt by statute from the rules and regulations herein; except
				  that, no supervised assistant or paraprofessional shall perform duties under
				  such supervision that the exempt professional is not otherwise qualified to
				  perform.
Miss. Code Ann. §
										73-75-5
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 9 - Regulations Governing Supervision and Registration of Behavior Technicians › Rule 1-17-9.1 - Purpose

Current through June 25, 2024
The purpose of these regulations is to provide the method of
				  supervision of behavior technicians by licensed behavior analysts or licensed
				  assistant behavior analysts; to provide for the denial, suspension and
				  revocation of such registration; to provide for the denial, suspension and
				  revocation of licenses of behavior analysts and assistant behavior analysts
				  employing or supervising behavior technicians; and for related purposes.
Miss. Code Ann. §
										73-75-23
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 9 - Regulations Governing Supervision and Registration of Behavior Technicians › Rule 1-17-9.2 - Powers and Duties of the Board

Current through June 25, 2024
A. To deny, suspend
				or revoke licensure of behavior analysts and assistant behavior analysts or
				otherwise discipline licensed behavior analysts and assistant behavior analysts
				who employ or supervise behavior technicians, and who engage in unethical or
				questionable practices, or who fail to provide appropriate supervision of
				behavior technicians or who have encouraged or participated in any intentional
				act or omission that caused or assisted their behavior technicians to violate
				these regulations and/or any law.
B. To investigate alleged or suspected
				violations of the provisions of these regulations or other laws of this state
				pertaining to behavior technicians.
C. To maintain a register listing the name of
				every behavior technician registered in this state, his/her last known place of
				business and last known place of residence, and the date and number of his/her
				registration. Such a list shall be made publicly available by the Board.
D. To be responsible for all
				disputed matters involving whether an applicant shall be
				registered.
Miss. Code Ann. §
										73-75-9
				  and Miss. Code Ann. §
										73-75-19
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 9 - Regulations Governing Supervision and Registration of Behavior Technicians › Rule 1-17-9.3 - Registration

Current through June 25, 2024
A.
Application for Registration:
An application for registration for a behavior technician shall be submitted by
				the supervising licensee to the Board at its principal office, 401 Mississippi
				Street, Jackson, Mississippi 39203, on an application form provided by the
				Board. Every application shall be typed or written in ink, the signatures
				notarized and accompanied by the appropriate fee and by such evidence,
				statements, or documents as herein required.
B.
Abandonment of Application:
If the application process for registration is not completed within six (6)
				months, the application shall be considered abandoned, and a new application
				must be submitted before registration may be granted.
C.
Education Requirements:
The
				educational requirements for registration as a behavior technician shall be a
				minimum of a high school diploma or the equivalent.
D.
General Requirements:
The
				licensed behavior analyst or assistant behavior analyst who registers behavior
				technicians must determine that the applicant:
1) Is at least 18 years of age;
2) Is of good moral character;
3) Has met the minimum educational
				requirements;
4) Has adequate
				communication skills and the ability to relate to the clinical population;
5) Has current qualifications as a
				Registered Behavior TechnicianT from the BACB®;
6) Works under the supervision of a licensed
				behavior analyst or assistant behavior analyst; and
7) Shall be registered by the Board. No
				examination shall be required for registration.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 9 - Regulations Governing Supervision and Registration of Behavior Technicians › Rule 1-17-9.4 - Termination of Supervision

Current through June 25, 2024
Notice of Termination: Within seven (7) days after the
				  termination of the supervision of a behavior technician, the supervising
				  licensee shall notify the Board, in writing, of such termination and the date
				  of termination and return the certificate of registration to the Board. Failure
				  of a supervising licensee to comply with the provisions of this section may
				  result in disciplinary action pursuant to these regulations.
Miss. Code Ann. §
										73-75-23
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 9 - Regulations Governing Supervision and Registration of Behavior Technicians › Rule 1-17-9.5 - Roles and Responsibilities of Licensees and Registrants

Current through June 25, 2024
Within the provision of applied behavior analysis service
				  there are two recognized levels of personnel: the professional behavior analyst
				  or assistant behavior analyst who is licensed to practice applied behavior
				  analysis; and the behavior technician who is registered, but is usually an
				  on-job-trained individual who provides support activities for the behavior
				  analyst or assistant behavior analyst. The behavior analyst or assistant
				  behavior analyst shall assume primary responsibility for applied behavior
				  analysis care rendered by the licensee and his/her behavior technician.
Miss. Code Ann. §
										73-75-23
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 9 - Regulations Governing Supervision and Registration of Behavior Technicians › Rule 1-17-9.6 - Duties of the Behavior Technician

Current through June 25, 2024
Behavior technicians will comply with all restrictions on
				  practice and requirements established by the BACB.
Miss. Code Ann. §
										73-75-23
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 9 - Regulations Governing Supervision and Registration of Behavior Technicians › Rule 1-17-9.7 - Standards of Conduct for Behavior Technician; Duties of Supervisory Behavior Analyst or Assistant Behavior Analyst

Current through June 25, 2024
A.
Standards of Conduct:
Behavior analysts or assistant behavior
				analysts may, at the discretion of the Board, have their licensure suspended,
				revoked, or denied, or have their supervision authority limited, if the Board
				determines that a behavior technician under supervision of a behavior analyst
				or assistant behavior analyst:
1) Was
				convicted of a felony or an offense involving moral turpitude. The record of
				such conviction, or certified copy thereof from the clerk of the court where
				such conviction occurred or by the judge of that court, shall be sufficient
				evidence to warrant revocation or suspension.
2) Is guilty of securing, or attempting to
				secure a registration or certificate through fraud or deceit.
3) Is guilty of unethical conduct, or gross
				ignorance, or inefficiency in the conduct of his practice.
4) Is guilty of knowingly practicing while
				suffering with a contagious or infectious disease.
5) Has used a false name or alias in the
				practice of his profession.
6) Is
				unfit or incompetent by reason of negligence, habits, or other causes of
				incompetence.
7) Is habitually
				intemperate in the use of alcoholic beverages.
8) Is addicted to, or has improperly
				obtained, possessed, used or distributed, habit-forming drugs or narcotics.
9) Has practiced as a behavior
				technician after his registration or supervision has been terminated or
				suspended.
10) Has practiced as a
				behavior technician under cover of any permit or registration illegally or
				fraudulently obtained or issued.
11) Has violated or aided or abetted others
				in violation of any provision of the Act or regulations promulgated thereto.
12) Has engaged in any conduct
				considered by the Board to be detrimental to the profession of applied behavior
				analysis.
13) Has violated the
				provisions of any applicable state or federal laws, or regulations.
14) Has been disciplined by another
				jurisdiction if at least one (1) of the grounds for the discipline is the same
				or substantially equivalent to those set forth in the Act or rules and
				regulations promulgated pursuant to the Act.
15) Has violated any rule or policy of the
				BACB applicable to behavior technicians.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 10 - Fees › Rule 1-17-10.1 - Method of Payment

Current through June 25, 2024
In accordance with state law, the following non-refundable
				  fees, where applicable, are payable to the Board by check or money
				  order.
Miss. Code Ann. §
										73-75-21
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 10 - Fees › Rule 1-17-10.2 - Schedule of Fees

Current through June 25, 2024
Application and Renewal for a Behavior Analyst
							 ................
$250.00
Application and Renewal for Assistant Behavior
							 Analyst.................
$100.00
Late Renewal Penalty
$ 50.00
Temporary License
$ 75.00
Duplicate License Certificate Fee
$ 25.00
Criminal Background Investigation Fee
TBD
Application for Registration of Behavior
							 Technicians
$25.00
Miss. Code Ann. §
										73-75-21
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 11 - Administrative Grievance Procedure › Rule 1-17-11.1 - Administrative Appeals

Current through June 25, 2024
Any person aggrieved by a decision regarding the initial
				  application for licensure or the renewal of licensure shall have the right of a
				  second review by the Board or a designated member of the Board.
Miss. Code Ann. §
										73-75-19
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 11 - Administrative Grievance Procedure › Rule 1-17-11.2 - Notification

Current through June 25, 2024
Written notice will be provided to all applicants regarding
				  denial of an original license or a renewal license. Such notice shall contain
				  the reason thereof.
Miss. Code Ann. §
										73-75-19
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 11 - Administrative Grievance Procedure › Rule 1-17-11.3 - Hearing

Current through June 25, 2024
If requested in writing within the specified time frame a
				  hearing will be provided in which the applicant may show cause why the license
				  should be granted or renewed. Within sixty (60) days of the hearing, or other
				  such time frame as determined during the hearing, written findings of fact,
				  together with a recommendation for action on the license in question, shall be
				  forwarded to the Board. The Board shall decide what action will be taken on the
				  recommendation within five days of its receipt. Written notice shall be
				  provided to the applicant.
Miss. Code Ann. §
										73-75-13
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 12 - Suspension for Failure to Pay Child Support › Rule 1-17-12.1 - Suspension for Failure to Pay Child Support

Current through June 25, 2024
In addition, the Board is authorized to suspend the license
				  of any licensee for being out of compliance with an order for support, as
				  defined in Section
				  93-11-153.
				  The procedure for suspension of a license for being out of compliance with an
				  order for support, and the procedure for reissuance or reinstatement of a
				  license suspended for that purpose, and the payment of any fees for the
				  reissuance or reinstatement of a license suspended for that purpose, shall be
				  governed by Section
				  93-11-157
				  or
				  93-11-163,
				  as the case may be. If there is any conflict between any provision of Section
				  93-11-157
				  or
				  93-11-163
				  and any provision of this chapter, the provisions of Section
				  93-11-157
				  or
				  93-11-163,
				  as the case may be, shall control.
Miss. Code Ann. §
										93-11-153
Mississippi Administrative Code › Title 1 - Secretary of State › Part 19 - Mississippi Voting Modernization Act Grant Program ("MVMGP") › Chapter 1 - Definitions › Rule 1-19-1.1 - Definitions

Current through June 25, 2024
For the purposes of these rules the below terms mean the
				  following:
A. "Voting systems" means
				any voting machine, voting device, precinct ballot scanner, central scanner,
				ballot-marking device, ballot-on-demand printing system, tabulation server or
				vote tabulating device, along with necessary operating software, that:
(i) Does not utilize pre-scored punch card
				ballots; and
(ii) Produces a voter
				verifiable paper ballot; and
(iii)
				Does not have the capability for remote wireless connection.
Note: "Does not have the capability for remote wireless
				  connection" means that voting systems do not contain any hardware that would
				  allow remote wireless connection.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 19 - Mississippi Voting Modernization Act Grant Program ("MVMGP") › Chapter 2 - Procedures › Rule 1-19-2.1 - Procedures

Current through June 25, 2024
A. Counties may
				apply for grants through the Secretary for the reimbursement of, or future
				purchase of the following:
1. voting systems;
				or
2. other eligible expenses
				related to the costs of conducting elections only if the applicant county can
				certify in writing:
i. that it is already in
				compliance with Section 2 of S.B. 2879 (2022 Regular Session); or
ii. that such expenses will only be purchased
				from funds remaining from a pro rata share after a county has purchased the
				necessary voting systems to bring the applicant county in compliance with
				Section 2 of S.B. 2879 (2022 Regular Session).
3. Any county receiving funds for other
				eligible expenses incurred shall first apply the received funds under the grant
				program toward any existing indebtedness for the purchase of voting systems.
				The Secretary may require counties to submit certification from voting system
				vendor(s) that prior indebtedness, if any, has been satisfied before
				authorizing the release of additional funds to the county applicants.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 19 - Mississippi Voting Modernization Act Grant Program ("MVMGP") › Chapter 2 - Procedures › Rule 1-19-2.2 - Funds Availability

Current through June 25, 2024
The Secretary shall determine the funds available to counties
				  in accordance with the methods and procedures set forth in the MVMGP, provided
				  all statutory and regulatory requirements are met. Each county will receive a
				  pro rata share of $8,700,000, as appropriated by the Legislature. The pro rata
				  share will be based on precincts in each county as they existed on April 21,
				  2022, when the Act was signed by the Governor of Mississippi and was effective
				  upon passage. However, precincts that had no voters assigned to them or that
				  were labeled as being for purged voters were not included the total calculation
				  of precincts due to fact that they had no assigned votes as of April 21,
				  2022.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 1 - ORGANIZATION OF THE DEPARTMENT OF AGRICULTURE AND COMMERCE › Purpose of this Subpart › Section 2-1-1-100

Current through June 25, 2024
In accordance with Section
					 25-43-2.104
					 of the Mississippi Administrative Procedures Law, this subpart describes the
					 Department of Agriculture and Commerce's duties and responsibilities, the
					 organization of the Department, and its methods of operation.
Miss. Code Ann.
					 §
											25-43-2.104
					 (Rev. 2006).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 1 - ORGANIZATION OF THE DEPARTMENT OF AGRICULTURE AND COMMERCE › Commissioner of Agriculture and Commerce › Section 2-1-1-101

Current through June 25, 2024
The Commissioner of Agriculture is an officer of the
					 executive branch of state government elected by the people pursuant to
Miss. Code Ann.
§
										69-9-1 The
					 Department of Agriculture and Commerce is under the control and management of
					 the Commissioner. The law provides that the Commissioner shall have a competent
					 knowledge of agriculture; mining, manufacturing, statistics and general
					 industries and he or she must be an experienced and practical agriculturist.
					 The law charges the Commissioner with numerous duties in the areas of
					 development and marketing of agriculture and commerce, regulation of related
					 industries and investigation of agricultural crimes.
Miss. Code Ann.
					 §
											69-1-1
					 et seq.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 1 - ORGANIZATION OF THE DEPARTMENT OF AGRICULTURE AND COMMERCE › Mississippi Department of Agriculture and Commerce › Section 2-1-1-102

Current through June 25, 2024
The Department consists of a Deputy Commissioner and other
					 staff who assist the Commissioner in carrying out the responsibilities of the
					 office. The Department is divided into the following:
1. Administrative Services
a. Accounting
b. Purchasing
c. Personnel
d. Special Projects
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 1 - ORGANIZATION OF THE DEPARTMENT OF AGRICULTURE AND COMMERCE › Delegation of Authority › Section 2-1-1-103

Current through June 25, 2024
Authority to act on behalf of the Commissioner is
					 delegated to the following positions:
1. Deputy commissioner serves as the
				  principal deputy to the Commissioner and is delegated to act for the
				  Commissioner on all Department matters.
2. Bureau and Division Directors are
				  delegated authority to act for the Commissioner on all matters within their
				  assigned bureau or division.
Miss. Code Ann.
					 §
											69-1-1
					 et seq.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 1 - ORGANIZATION OF THE DEPARTMENT OF AGRICULTURE AND COMMERCE › Contacting the Department of Agriculture and Commerce › Section 2-1-1-104

Current through June 25, 2024
The Department of Agriculture and Commerce may be
					 contacted in person, by U.S. Mail, Courier mail, e-mail, telephone, and
					 telefacsimile. The Department of Agriculture and Commerce maintains and
					 provides interactive services on the Internet at
www.mdac.state.ms.us
.
1. Location of the Department of Agriculture
				  and Commerce-The Department maintains offices in Jackson and at Mississippi
				  State University at the following locations:
a. Commissioner's office and Department
				  headquarters, 121 North Jefferson Street, Jackson, Mississippi 39201. This
				  location houses Administrative Services, Livestock Theft, Management
				  Information Services, Marketing Services, and Regulatory Services.
b. Robert H. McCarty Building, Stone
				  Boulevard, Mississippi State, Mississippi 39762. This office houses the Bureau
				  of Plant Industry.
c. Mississippi
				  Agriculture and Forestry Museum, 1150 Lakeland Drive, Jackson, Mississippi
				  39216.
d. Mississippi Farmers
				  Market, 929 High Street, Jackson, Mississippi 39202.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 01 - Public Records Request Procedure › Scope › Section 2-1-2-01-100

Current through June 25, 2024
The following regulations are hereby adopted by the
						Mississippi Department of Agriculture and Commerce ("Department"), pursuant to
						the Mississippi Public Records Act of 1983 ("Act"),
Mississippi Code
						Annotated
Sections
						25-61-1
et
						seq
.
Miss. Code
						Ann. §
												25-61-1 et
						seq.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 01 - Public Records Request Procedure › Schedule of Fees › Section 2-1-2-01-101 - Personnel

Current through June 25, 2024
Staff time shall be charged as the actual time for costs
						associated with searching, reviewing and/or duplicating, and, if applicable,
						mailing copies of public records. Any staff time included in the actual cost
						shall be at the pay scale of the lowest level employee or contractor competent
						and available to respond to such request. A cost estimate will be provided to
						the requestor.
Miss. Code
						Ann. §
												25-61-1 et
						seq.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 01 - Public Records Request Procedure › Schedule of Fees › Section 2-1-2-01-102 - Copies

Current through June 25, 2024
Copies will be charged at the rate of $.15 per page for
						each copy.
Miss. Code
						Ann. §
												25-61-1 et
						seq.