reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 9 - Reinstatement of Registration or Enrollment after Revocation and Reinstatement of Lapsed Registration or Enrollment › Rule 30-1101-9.1 - Application for Reinstatement

Current through June 25, 2024
Any person whose registration or enrollment has been revoked
				  may not apply to the Board for reinstatement of the registration or enrollment
				  until two years have elapsed since the final, effective date of revocation,
				  except a person convicted of a crime of moral turpitude in which case five
				  years shall have elapsed since the final effective date of revocation and the
				  person's civil rights shall have been restored. In the application for
				  reinstatement, the application should state why the registration or enrollment
				  should be reinstated. Applicant must include in the application evidence that
				  the current requirements for registration or enrollment have been met and that
				  the applicant is in good standing with the Board.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-17(i);
				  §
										73-63-35
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 9 - Reinstatement of Registration or Enrollment after Revocation and Reinstatement of Lapsed Registration or Enrollment › Rule 30-1101-9.2 - Board Action

Current through June 25, 2024
Upon receipt of such application, the Board shall grant a
				  hearing on reinstatement, at which time the applicant may appeal to the Board
				  for reinstatement of the registration or enrollment.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-17(i);
				  §
										73-63-35
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 9 - Reinstatement of Registration or Enrollment after Revocation and Reinstatement of Lapsed Registration or Enrollment › Rule 30-1101-9.3 - Reinstatement of Lapsed Annual Registration

Current through June 25, 2024
Any person whose registration has not been renewed by the
				  payment of the required fees prior to the end of the current renewal year
				  ending at midnight of December 31 shall be required to submit a new application
				  along with all other required and relevant information and provide proof that
				  s/he has successfully passed the ASBOG Practice of Geology examination prior to
				  being considered for reinstatement as a RPG.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-17(i);
				  §
										73-63-35
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 9 - Reinstatement of Registration or Enrollment after Revocation and Reinstatement of Lapsed Registration or Enrollment › Rule 30-1101-9.4 - Reinstatement of Lapsed Annual Enrollment

Current through June 25, 2024
Any person whose enrollment has not been renewed by the
				  payment of the required fees prior to the end of the current renewal year
				  ending at midnight of December 31 shall be required to submit a new application
				  along with all other required and relevant information and re-take and
				  successfully pass the ASBOG Fundamentals of Geology examination prior to being
				  considered for reinstatement as a GIT.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-17(i);
				  §
										73-63-35
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 10 - Seal on Documents and Other Sealing-Stamping-Acknowledgment Requirements › Rule 30-1101-10.1 - Basic sealing practices

Current through June 25, 2024
A. The seal,
				signature and date on a document constitute a certification that the document
				was prepared by the registrant or under his direct supervision.
1. Each sheet of maps, cross sections,
				drawings, descriptions, charts, graphs, and reports of geologic practice shall
				be signed, sealed and dated by the registrant preparing them, prepared under
				his direct supervisory control, or reviewed by him in sufficient depth to fully
				coordinate and assume responsibility for documents prepared by another
				registered professional geologist.
2. Where more than one sheet is bound
				together in one volume, the registrant who prepared such volume, or under whose
				direction and control such volume was prepared, may sign, seal and date only
				the title or index sheet, providing that the signed sheet clearly identifies
				all of the other sheets comprising the bound volume, and provided that any of
				the other sheets which were prepared by, or under the direction and control of,
				another registrant, be signed and/or sealed and dated by said other registrant.
				Additions, deletions or other revisions shall be made only if they are signed,
				sealed and dated by the registrant who made the revisions or under whose
				direction and control said revisions were made.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 10 - Seal on Documents and Other Sealing-Stamping-Acknowledgment Requirements › Rule 30-1101-10.2 - Geologic Studies/Projects

Current through June 25, 2024
Documents prepared for geologic studies and/or projects that
				  are assimilated by another geologist shall be sealed by a Mississippi
				  registrant under the following conditions:
A. Written permission of the original
				geologist must be obtained to adapt the documents.
1. Each sheet of maps, cross sections,
				drawings, descriptions, charts, graphs, and reports of geologic practice shall
				be signed, sealed and dated by the geologist who performed the original work
				and shall also be signed, sealed and dated by the Mississippi registrant who
				has reviewed the documents in sufficient depth to fully coordinate and assume
				responsibility.
2. Documentation of
				all changes which were made to the original documents must be
				included.
3. The following written
				certification shall accompany the seal and signature on each sheet: "I have
				reviewed this document in sufficient depth to accept full responsibility for
				its contents."
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 10 - Seal on Documents and Other Sealing-Stamping-Acknowledgment Requirements › Rule 30-1101-10.3 - Detailed, Specific Instructions concerning Maps, Illustrations, and Similar Products

Current through June 25, 2024
A. Registrant's
				typeset name should be immediately followed by a comma, one blank space, and
				the designation "RPG" with no periods.
B. The seal(s) of registrant(s) is (are) to
				appear on all maps etc. (jpg or similar digital format) located near the
				typeset name of the registrant.
C.
				Maps which have been previously produced and whose stock is, from time to time,
				replenished from the original digital versions should be updated with the
				information contained in 1) and 2).
D. If the author(s) is (are) not registrants
				then the name of the registrant who supervised and assumes responsibility for
				that work should be typeset in the same font size and in the general vicinity
				of the typeset name(s) of the author(s) of the map, illustration, etc.
				Information related to this entry should, in the same font, include the
				following: "I have reviewed this document in sufficient depth to accept full
				responsibility for its contents," (see Rule 10.0 of the Board and Board
				Guidance Document 2000-02) followed by the registrant's name, a comma, one
				blank space, and the designation RPG with no periods along with their seal in
				close proximity to the registrant's name.
As noted above, if the author(s) is (are) not a
				  registrant(s) but is (are) a Geologist-In-Training (GIT) with the MSBRPG it is
				  suggested that immediately following the GIT's name a comma, one blank space,
				  and then the designation GIT with no periods be printed.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-7(4)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 10 - Seal on Documents and Other Sealing-Stamping-Acknowledgment Requirements › Rule 30-1101-10.4 - Reports, Bulletins, and Other Similar Products

Current through June 25, 2024
A. Title
				page - Author(s) [registrant(s)] should have their typeset name followed by a
				comma, one blank space, and the designation RPG without periods.
B. Seal of the registrant to appear near
				their name (jpg or similar digital format) provided that the typesetting space
				allows room for same.
C. If the
				author(s) is (are) not registrants then the name of the registrant who
				supervised and assumes responsibility for that work should be typeset in the
				same font size and in the general vicinity of the typeset name(s) of the
				author(s) of the map, illustration, etc. Information related to this entry
				should, in the same font, include the following: "I have reviewed this document
				in sufficient depth to accept full responsibility for its contents," (also see
				Board Guidance Document 2000-02) followed by the registrant's name, a comma,
				one blank space, and the designation RPG with no periods along with their seal
				in close proximity to the registrant's name. As noted above, if the author(s)
				is (are) not a registrant(s) but is (are) a Geologist In Training (GIT) with
				the MSBRPG it is suggested that immediately following the GIT's name a comma,
				one blank space, and then the designation GIT with no periods be
				printed.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-7(4)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 11 - Use of the Terms Geologist, Registered Professional Geologist, and Certified Professional Geologist › Rule 30-1101-11.1 - Restrictions

Current through June 25, 2024
A person shall not use the terms
''Registered
				  Professional Geologist," ''Consulting Geologist, " "Professional Geologist, "
				  "Licensed Geologist, "
or
"Geologist
" with or
				  without any other permutation of prefixes or suffixes to the term geologist
				  unless that person is registered or specifically exempted under §
									73-63-1
et
				  seq.
(Mississippi Code, 1972, as Annotated). Unless exempted under
				  '§
									73-63-1
et
				  seq.
(Mississippi Code, 1972 as Annotated), any individual practicing,
				  offering or attempting to practice geology or claiming any specialty in
				  geology, as a professional, business or commercial identification, title, name,
				  representation or claim, or otherwise holding themselves out to the public, as
				  being qualified to practice geology or any of its specialties shall be
				  registered with the Board.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-7
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 11 - Use of the Terms Geologist, Registered Professional Geologist, and Certified Professional Geologist › Rule 30-1101-11.2 - Requirements of Supervisory Control

Current through June 25, 2024
Unless exempted under §
									73-63-1
et
				  seq.
(Mississippi Code, 1972 as Annotated), no person shall engage in
				  the practice of geology unless the geological work is performed by or under the
				  supervision of one or more registered professional geologists, who is in
				  responsible charge of the work and signs and seals all documents. If the
				  principal business of the person is the practice of geology then a principal,
				  officer or director must be a registered professional geologist and have
				  overall supervision and control of the geological work performed in this
				  state.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-7
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 12 - Disciplinary Actions › Rule 30-1101-12.1 - Complaints

Current through June 25, 2024
For the purposes of this rule, "complaints" refers to any
				  sworn allegation brought to the Board against a registrant or other person
				  relating to a violation of the Law or the Rules and Regulations.
Any person who believes that a registrant or any other
				  person is guilty of misconduct under the Law or the Rules and Regulations must
				  complete the MSBRPG complaint form that is available from the Board or from its
				  web site (
www.msbrpg.state.ms.us
).
Following the receipt of such complaint, the Board shall
				  proceed to investigate.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-43
				  et seq.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 12 - Disciplinary Actions › Rule 30-1101-12.2 - Investigative Procedures

Current through June 25, 2024
Upon the receipt of complaints, the Executive Director/Board
				  Administrator shall refer them to a designated Board member. The designated
				  Board member shall be selected on a rotating basis. If any Board member
				  selected as a designated Board member can show reasonable cause that he or she
				  should not be the designated Board member, or if the Executive Director/Board
				  Administrator makes a determination that the Board member's objectivity is
				  subject to a reasonable charge of being impaired, then such complaint or
				  information shall be referred to the Board member next in line of
				  rotation.
The Investigative Committee shall consist of the designated
				  Board member, the Executive Director/Board Administrator, and the Board's legal
				  counsel. The designated Board member shall institute an investigation of the
				  complaint and, after consultation with the Executive Director/Board
				  Administrator or Board's designee and the Board's attorney; the Investigative
				  Committee shall determine the disposition of the complaint.
The Investigative Committee shall then:
A. remand the matter to the file for no
				further action;
B. issue a letter
				of concern to the appropriate individuals(s);
C. recommend the filing of a formal petition
				to initiate a disciplinary hearing; or
D. seek appropriate legal action to safeguard
				the health, safety and welfare of the public.
Letters of concern are issued to address matters the
				  Investigative Committee feels should be brought to the attention of a
				  registrant and/or other individual, but do not rise to the level of severity
				  that necessitates the filing of a formal petition.
Registrants and/or other individuals will be given an
				  opportunity to explain and/or respond to the letter of concern from the
				  Investigative Committee; and, if warranted, a final follow-up letter from the
				  Investigative Committee may be issued.
Repeated letters of concern which address the same or
				  substantially the same subject matters with regard to particular registrants
				  and/or other individuals may result in the filing of a formal petition.
Neither the designated Board member nor any Board member
				  disqualified in the process of selecting the designated Board member shall sit
				  as a voting member of the Board in any disciplinary hearing resulting from that
				  investigation.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-43
				  et seq.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 12 - Disciplinary Actions › Rule 30-1101-12.3 - Disciplinary Proceedings

Current through June 25, 2024
A. Petitions and
				Notice of Hearing - For the purposes of this rule, "petition" refers to the
				formal documents issued by the Board to initiate a disciplinary hearing. The
				petition is based on prior investigation of charges or information and shall
				set forth a statement of the charges against the accused.
For the purposes of this rule, "notice of hearing" refers to
				  the document accompanying the petition which notices the respondent to appear
				  and sets forth the time and place of the hearing. The notice and together with
				  a copy of the applicable Law and Rules and Regulations shall be served on the
				  respondent in the manner and time required by law. Section
				  73-63-43,
et seq.,
of the Mississippi Code of 1972, as amended.
B. Consent Orders - If after
				receipt of a petition and prior to the disciplinary hearing an accused desires
				to admit to a violation, a consent order may be entered into with the accused
				without the necessity of a disciplinary hearing. Any consent order shall be
				subject to the approval of the Board and shall not be subject to appeal. The
				Board may reject a proposed consent order and vote to hold a formal
				disciplinary hearing.
C. Informal
				Conferences - The respondent may request an informal conference at the Board
				office or via a telephone conference or similar electronic means with the
				investigative committee for the purpose of showing that the allegation(s)
				contained in the petition is (are) not true. The investigative committee will
				be composed of the designated Board member, a Board designee or Executive
				Director/Board Administrator, the Board attorney, and appropriate staff
				personnel; however, the absence of the designated Board member or the Board's
				designee or Executive Director/Board Administrator or Board attorney shall not
				invalidate the formation of the committee or the conclusions of the conference.
				If the respondent desires a conference and the petition cannot thereafter be
				dismissed on the evidence, an effort will then be made to reach an informal
				settlement and consent order as provided in paragraph B.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-43
				  et seq.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 12 - Disciplinary Actions › Rule 30-1101-12.4 - Conflict and Bias

Current through June 25, 2024
A Board member shall not be entitled to participate in any
				  disciplinary action if such Board member is biased against the
				  accused.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-43
				  et seq.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 12 - Disciplinary Actions › Rule 30-1101-12.5 - Respondent May Assert Bias

Current through June 25, 2024
Any accused in a disciplinary proceeding may assert conflict
				  or bias by filing with the Board's designee or Executive Director/Board
				  Administrator at least three days before the scheduled disciplinary hearing an
				  affidavit asserting the disqualification together with specific details of the
				  underlying factual bias for the assertion. However said accusation of conflict
				  or bias filing shall not defer or delay a scheduled disciplinary
				  hearing.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-43
				  et seq.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 12 - Disciplinary Actions › Rule 30-1101-12.6 - Disqualification

Current through June 25, 2024
Challenges as to bias shall be determined individually by
				  each Board member so challenged, on the record. Challenged Board members who
				  determine that they can be fair and impartial to all concerned may serve. Those
				  who cannot shall rescue themselves.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-43
				  et seq.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 12 - Disciplinary Actions › Rule 30-1101-12.7 - Pre-Hearing Discovery

Current through June 25, 2024
There shall be no pre-hearing discovery.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-43
				  et seq.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 12 - Disciplinary Actions › Rule 30-1101-12.8 - Disciplinary Hearings

Current through June 25, 2024
The disciplinary hearing shall be conducted in the manner as
				  provided by law. Section
				  73-63-43
				  of the Mississippi Code of 1972, as amended.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-43
				  et seq.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 12 - Disciplinary Actions › Rule 30-1101-12.9 - Discipline

Current through June 25, 2024
Upon a finding that the accused has violated any enumerated
				  provision of Title 73, Chapter 63, or any rule adopted pursuant to Title 73,
				  Chapter 63, the Board may censure; reprimand; admonish; require the completion
				  of a course in ethics and/or additional education as approved by the Board;
				  fine the accused; and/or revoke or suspend the accuser's registration to
				  practice as a Registered Professional Geologist or enrollment as a
				  Geologist-In-Training, or impose any disciplinary action provided by
				  law.
The Board may, in its discretion, temporarily stay the
				  execution of its order conditioned upon any provision the Board deems just and
				  proper under all the circumstances of each case.
In determining whether a registration or enrollment should
				  be revoked or suspended, and whether execution of the order should be stayed,
				  and upon what conditions, the Board may consider all relevant factors,
				  including, but not limited to, the following:
A. the severity of the
				violation(s);
B. the actual or
				possible danger to the public resulting from the accuser's past and present
				violation(s);
C. the actual damage
				resulting from the accuser's past and present violation(s);
D. the number of past repetitions of the
				accuser's present violation(s);
E.
				the length of time since the occurrence of the accuser's present
				violation(s);
F. the number and
				seriousness of previous violations;
G. the length of time the registrant has
				practiced;
H. the deterrent effect
				of the penalty imposed;
I. the
				effect of the penalty upon the accuser's livelihood;
J. any efforts of rehabilitation;
				and
K. any other mitigating or
				aggravating circumstances.
As provided by §
										73-63-1
et
				  seq
. (Mississippi Code, Annotated 1972) the Board shall notice all
				  parties, at the sole discretion of the Board, that may need to be so noticed.
				  The Board shall further place on its web site all disciplinary actions
				  including the name(s) of the defendant(s) and other pertinent information as
				  deemed appropriate by the Board. These disciplinary action notices shall remain
				  on the Board's web site for a minimum of five (5) years and shall remain in the
				  permanent record of said individual(s) in perpetuity.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-43
				  et seq.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 12 - Disciplinary Actions › Rule 30-1101-12.10 - Costs

Current through June 25, 2024
The Board may, in its discretion, assess and tax all actual
				  costs incurred in a disciplinary hearing against any accused found guilty
				  hereunder, or the charging party, or both.
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-43
				  et seq.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 12 - Disciplinary Actions › Rule 30-1101-12.11

Current through June 25, 2024
Appeals
Any person aggrieved by the action of the Board as a result
				  of disciplinary proceedings conducted hereunder may appeal wherefrom as
				  provided for in §
									73-63-49
				  (Mississippi Code, 1972, as Annotated).
Miss. Code Ann. §
										73-63-17(a);
				  §
										73-63-43
				  et seq.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 13 - Organization of the Mississippi State Board of Registered Professional Geologists (MSBRPG) › Rule 30-1101-13.1 - Purpose

Current through June 25, 2024
The purpose of this rule is to describe the organization of
				  the Mississippi State Board of Registered Professional Geologists (hereafter
				  referred to as MSBRPG) and how the public may obtain information from the
				  Board.
Miss. Code Ann. §
										25-43-2.104(a);
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 13 - Organization of the Mississippi State Board of Registered Professional Geologists (MSBRPG) › Rule 30-1101-13.2 - Summary

Current through June 25, 2024
This rule establishes a description of the MSBRPG'S
				  organization which states the general course and method of its operations,
				  including how the public may obtain information or make submissions/requests to
				  the MSBRPG.
Miss. Code Ann. §
										25-43-2.104(a);
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 13 - Organization of the Mississippi State Board of Registered Professional Geologists (MSBRPG) › Rule 30-1101-13.3 - the Full Text of the Rule

Current through June 25, 2024
The public may obtain a description of the MSBRPG'S
				  organization from the Rules and Regulations of the MSBRPG currently on file
				  with the Secretary of State. Additionally, the public may access information
				  relevant to the MSBRPG at their website
www.msbrpg.state.ms.us
or by
				  reviewing §
									73-63-1
et
				  seq
., of the Mississippi Code which may be accessed at
www.msbrpg.state.ms.us
. The
				  public may also request information including Mississippi Open Records Act
				  requests by contacting the Executive Director/Board
				  Administrator.
Miss. Code Ann. §
										25-43-2.101
				  et seq.; §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 14 - Informal Proceedings Available to the Public › Rule 30-1101-14.1 - Purpose

Current through June 25, 2024
The Purpose of this rule is to inform the public of all
				  informal proceedings available to the public.
Miss. Code Ann. §
										25-43-2.104(b);
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 14 - Informal Proceedings Available to the Public › Rule 30-1101-14.2 - Summary

Current through June 25, 2024
This rule establishes information on all MSBRPG
				  proceedings
Miss. Code Ann. §
										25-43-2.104(b);
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 14 - Informal Proceedings Available to the Public › Rule 30-1101-14.3 - Full Text of the Rule

Current through June 25, 2024
All information as to the rules of practice concerning all
				  formal and informal proceedings is available by reviewing the rules and
				  regulations of the MSBRPG currently on file with the Secretary of State.
				  Further information may be obtained by reviewing the MSBRPG website at
www.msbrpg.state.ms.us
or by
				  reviewing §
									73-63-1 et. seq,
				  of the Mississippi Code which may be accessed at
www.state.ms.us
.
The MSBRPG generally meets biannually at the Jackson
				  Enterprise Center, 931 Highway 80 West, Jackson, MS. Other meetings may be
				  called by the Board as necessary.
Miss. Code Ann. §
										25-43-1.101
				  et seq.; §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 15 - Requirements for Public Hearings, Rule Making › Rule 30-1101-15.1 - Purpose

Current through June 25, 2024
These sections set forth MSBRPG's procedures for involving
				  the public in the development of rules through public meetings and/or public
				  hearings as required by Mississippi Code §
									25-43-3.104.
Miss. Code Ann. §
										25-43-3.104;
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 15 - Requirements for Public Hearings, Rule Making › Rule 30-1101-15.2 - Summary

Current through June 25, 2024
This rule establishes the process through which the MSBRPG
				  will set and, as necessary, conduct public hearings.
Miss. Code Ann. §
										25-43-3.104;
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 15 - Requirements for Public Hearings, Rule Making › Rule 30-1101-15.3 - Full Text of the Rule

Current through June 25, 2024
At the time a Rule is filed with Secretary of State, the
				  Board must also publish where written submissions or written requests for an
				  opportunity to make oral presentations on the proposed rule may be
				  inspected.
A public hearing is required if, during the first 20
				  business days of the rule notice, a written request for a public hearing is
				  received from one of the following:
A.
				A political subdivision of the State of Mississippi
B. An agency of the State of Mississippi,
				or
C. 10 persons
If a public hearing is required, the Executive
				  Director/Board Administrator will notify the Board, who will establish the
				  time, date and location for the public hearing and immediately forward the
				  information to the Executive Director/Board Administrator. The Executive
				  Director/Board Administrator shall then:
D. Ensure that the public hearing is not
				scheduled earlier than 23 business days after filing notice of oral proceeding
				with SOS.
E. File notice of the
				time, date, and location of the public hearing with the Secretary of
				State.
F. Within three (3) days of
				filing notice with SOS, the Executive Director/Board Administrator must mail or
				electronically transmit a copy of the notice to those who are on the
				notification list (their preference); MSBRPG can charge for mail but not
				electronic transmissions.
Miss. Code Ann. §
										25-43-3.104;
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 15 - Requirements for Public Hearings, Rule Making › Rule 30-1101-15.4 - Location of Public Hearings

Current through June 25, 2024
Public hearings shall be held at a place and time generally
				  convenient for persons affected by the rule at the discretion of the Executive
				  Director/Board Administrator.
Miss. Code Ann. §
										25-43-3.104;
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 15 - Requirements for Public Hearings, Rule Making › Rule 30-1101-15.5 - Conducting Public Hearings

Current through June 25, 2024
A. Public Hearings
				must be open to the public.
B. The
				Executive Director/Board Administrator will preside at the proceeding and will
				be responsible for answering all questions regarding the rule.
C. The Executive Director/Board Administrator
				may issue rules for conduct of oral proceedings.
Miss. Code Ann. §
										25-43-3.104;
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 15 - Requirements for Public Hearings, Rule Making › Rule 30-1101-15.6 - Public Availability of Public Hearings/Records

Current through June 25, 2024
A. A verbatim written transcript of the oral
				proceedings at each public hearing shall be produced by the Executive
				Director/Board Administrator and a copy furnished to the Board.
B. This material will be available for public
				inspection and copying as part of the Rule-Making Record as required by
				applicable law.
Miss. Code Ann. §
										25-43-3.104;
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 16 - Declaratory Opinions › Rule 30-1101-16.1 - Purpose

Current through June 25, 2024
These sections set forth the MSBRPG's procedures regarding
				  the requests for Declaratory Opinions, as required by Mississippi Code §
									25-43-2.103.
Miss. Code Ann. §
										25-43-2.103;
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 16 - Declaratory Opinions › Rule 30-1101-16.2 - General

Current through June 25, 2024
Declaratory Opinions will be prepared by the Executive
				  Director/Board Administrator.
Miss. Code Ann. §
										25-43-2.103;
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 16 - Declaratory Opinions › Rule 30-1101-16.3 - Persons Who May Request Declaratory Opinions

Current through June 25, 2024
Any person with a substantial interest in the subject matter
				  may request the MSBRPG for a declaratory opinion by following the specified
				  procedures.
Miss. Code Ann. §
										25-43-2.103;
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 16 - Declaratory Opinions › Rule 30-1101-16.4 - Subjects Which May Be Addressed In Declaratory Opinions

Current through June 25, 2024
A. The MSBRPG will issue declaratory opinions
				regarding the applicability to specified facts of: a statute administered or
				enforceable by the MSBRPG, a rule promulgated by the MSBRPG, or an order issued
				by the MSBRPG.
B. The MSBRPG will
				not issue a declaratory opinion regarding a statute, rule or order which is
				beyond the primary jurisdiction of the MSBRPG.
C. "Primary jurisdiction of the agency"
				means:
1. The agency has a constitutional
				grant of authority in the subj ect matter,
2. The agency has a statutory grant of
				authority in the subj ect matter,
3. The agency has issued specific regulations
				impacting on the subject matter, or
4. The agency has issued a specific order or
				orders impacting on the subject matter.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 16 - Declaratory Opinions › Rule 30-1101-16.5 - Circumstances in which Declaratory Opinions Will Not Be Issued

Current through June 25, 2024
A. The MSBRPG may, for good cause, refuse to
				issue a declaratory opinion.
Without limiting the generality of the foregoing, the
				  circumstances in which declaratory opinions will not be issued include, but are
				  not necessarily limited to:
1. The
				matter is outside the jurisdiction of the MSBRPG;
2. Lack of clarity concerning the question
				presented;
4. There is pending or
				anticipated litigation, administrative action, or other adjudication;
5. The statute, rule, or order on which a
				declaratory opinion is sought is clear and not in need of interpretation to
				answer the question presented by the request;
6. The facts presented in the request are not
				sufficient to answer the question presented;
7. The request fails to contain information
				required by these rules or the requestor failed to follow the procedure set
				forth in these rules;
8. The
				request seeks to resolve issues which have become moot, or are abstract or
				hypothetical such that the requestor is not substantially affected by the rule,
				statue or order on which a declaratory opinion is sought;
9. No controversy exists concerning the issue
				as the requestor is not faced with existing facts or those certain to arise
				which raise a question concerning the application of the statute, rule, or
				order;
10. The question presented
				by the request concerns the legal or constitutional validity of a statute, rule
				or order;
11. The requestor has not
				suffered an injury or threatened injury fairly traceable to the application of
				the statute, rule or order;
12. No
				clear answer is determinable;
13.
				The question presented by the request involves the application of a criminal
				statute or sets for facts which may constitute a crime;
14. The answer to the question presented
				would require the disclosure of information which is privileged or otherwise
				protected by law from disclosure;
15. The question is currently the subject of
				an Attorney General's opinion request;
16. The question has been answered by an
				Attorney General's opinion;
17. The
				request is not made in good faith; or
18. The request is harassing in nature or for
				any other unlawful purposes.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 16 - Declaratory Opinions › Rule 30-1101-16.6 - Form of the Request for a Declaratory Opinion

Current through June 25, 2024
A.
				Written Requests Required. Each request must be printed or typewritten, or must
				be in legible handwriting. Each request must be submitted on standard business
				letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a
				letter addressed to the MSBRPG or in the form of a pleading as might be
				addressed to a court.
B. Where to
				Send Request. All requests must be mailed or delivered to the MSBRPG. The
				request and its envelope shall clearly state that it is a request for a
				declaratory opinion. Oral and telephone requests are unacceptable.
C. Name, Address and Signature of Requestor.
				Each request must include the full name, telephone number, and mailing address
				of the requestor. All requests shall be signed by the person filing the
				request, unless represented by an attorney, in which case the attorney may sign
				the request. The signing party shall attest that the request complies with the
				requirements set forth in these rules, including but not limited to a full,
				complete, and accurate statement of relevant facts and that there are no
				related proceedings pending before any agency, administrative or judicial
				tribunal.
D. Single transaction. A
				request must be limited to a single transaction or occurrence.
E. Question Presented. Each request shall
				contain the following:
1. A clear
				identification of the statute, rule, or order at issue;
2. A concise statement of the issue or
				question presented for the declaratory opinion;
3. A full, complete, and accurate statement
				of all facts relevant to a resolution of the question presented;
4. The identify of all other known persons
				involved in or potentially or otherwise impacted by the factual situation
				causing the request including their relationship to the facts, name, mailing
				address and telephone number;
5. A
				statement sufficient to show that the person seeking relief is substantially
				affected by the rule.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 16 - Declaratory Opinions › Rule 30-1101-16.7 - Time for MSBRPG's Response

Current through June 25, 2024
A. MSBRPG's
				Response. Within forty-five (45) days after the receipt of a request for
				declaratory opinion which complies with the requirements of these rules, the
				MSBRPG shall in writing:
1. Issue an opinion
				declaring the applicability of the specified statute, rule or order to the
				specified circumstances;
2. Decline
				to issue a declaratory opinion, stating the reasons for its action;
				or
3. Agree to issue a declaratory
				opinion or a written statement declining to issue a declaratory opinion by a
				specified time but no later than ninety (90) days after receipt of the written
				request.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 16 - Declaratory Opinions › Rule 30-1101-16.8 - Procedure after Request for Declaratory Opinion Received

Current through June 25, 2024
Opinion Not Final for Sixty Days. A declaratory opinion
				  shall not become final until the expiration of sixty (60) days after the
				  issuance of the opinion. Prior to the expiration of sixty (60) days, the MSBRPG
				  may, in its discretion, withdraw or amend the declaratory opinion for any
				  reason which is not arbitrary or capricious. Reasons for withdrawing or
				  amending an opinion include, but are not limited to, a determination that the
				  request failed to meet the requirements of these rules or that the opinion
				  issued contains a legal or factual error.
Miss. Code Ann. §
										25-43-2.103;
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 16 - Declaratory Opinions › Rule 30-1101-16.9 - Hearings at the Discretion of the MSBRPG

Current through June 25, 2024
A. Provision for
				Hearing. If the MSBRPG in its sole discretion deems a hearing necessary or
				helpful in determining any issue concerning a request for declaratory opinion,
				the MSBRPG may schedule such hearing. Notice of the hearing shall be given to
				all interested parties unless waived. Notice mailed by first class mail 7
				calendar days prior to the hearing shall be deemed appropriate.
B. Proceedings at the Hearing. The procedure
				for conducting a hearing, including but not limited to the manner of
				presentation, the time for presentation, and whether and how evidence may be
				taken, shall be within the discretion of the MSBRPG.
C. Persons Appearing at the Hearing. The
				MSBRPG shall allow the requestor to participate in any hearing. The MSBRPG may
				allow any other persons or entities to participate in the hearing.
Miss. Code Ann. §
										25-43-2.103;
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 16 - Declaratory Opinions › Rule 30-1101-16.10 - Public Availability of Requests and Declaratory Opinions

Current through June 25, 2024
The Executive Director/Board Administrator will make
				  declaratory opinions and requests for declaratory opinions available for public
				  inspection and copying at the expense of the viewer during normal business
				  hours. All declaratory opinions and requests shall be indexed by name and
				  subject. Declaratory opinions and requests which contain information which is
				  exempted from disclosure under the Mississippi Public Records Act or is
				  otherwise confidential by law shall be exempt from this
				  requirement.
Miss. Code Ann. §
										25-43-2.103;
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 16 - Declaratory Opinions › Rule 30-1101-16.11 - Process for Issuing Declaratory Opinions

Current through June 25, 2024
A. Once the
				Executive Director/Board Administrator has received the request, s/he will
				review the request for validity and prepare a response according to the
				guidelines listed in this Rule.
B.
				The Executive Director/Board Administrator will then forward the request and
				opinion to the Board's Attorney for review.
C. If there are problems with the opinion,
				the Executive Director/Board Administrator will be notified by the Attorney and
				the problems corrected.
D. Once the
				Attorney approves the opinion, he will then forward the request and opinion to
				the Executive Director/Board Administrator.
E. The Executive Director/Board Administrator
				will index the opinions by name and subject and make available for public
				inspection.
F. The Executive
				Director/Board Administrator will mail the opinion back to the requestor and
				anyone else who has asked to participate.
Miss. Code Ann. §
										25-43-2.103;
				  §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 17 - Procedures for Making the MSBRPG Orders Available to the Public › Rule 30-1101-17.1 - Purpose

Current through June 25, 2024
These sections set forth the procedures for making the
				  MSBRPG Orders available to the public as required by Mississippi Code §
				  25-42-2.102.
Miss. Code Ann. §
				  25-42-2.102; §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 17 - Procedures for Making the MSBRPG Orders Available to the Public › Rule 30-1101-17.2 - Summary

Current through June 25, 2024
The Executive Director/Board Administrator shall be
				  responsible for indexing all orders of the Board by name and subject and shall
				  make all orders of the Board available for public inspection and copying in
				  accord with applicable Board Rules. This is subject to any confidentiality
				  provisions established by law.
Miss. Code Ann. §
				  25-42-2.102; §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 17 - Procedures for Making the MSBRPG Orders Available to the Public › Rule 30-1101-17.3 - Using Board Orders as Precedent

Current through June 25, 2024
The written final order can't be precedent to the detriment
				  of any person by the MSBRPG until it has been made available for public
				  inspection & indexed.
A. This is
				inapplicable to any person who has actual timely knowledge of the
				order
B. T he burden of proof is on
				the MSBRPG
B. The burden of proof
				  is on the MSBRPG Miss. Code Ann. § 25-42-2.102; §
										73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1101 - Geologists, Board of › Chapter 18 - Severability

Current through June 25, 2024
If for any reason any section, paragraph, clause or part of
				these Rules and Regulations of Procedure shall be held unconstitutional, or
				invalid, that fact shall not affect any other section, paragraph, clause or
				part of any of these rules or regulations.
Miss. Code Ann. §
									73-63-17(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 1 - Damage Disclosure › Rule 30-1301-1.1 - Damage Disclosure

Current through June 25, 2024
On any vehicle, corrected damage exceeding six percent
				  (6¢) of the manufacturer's suggested retail price, as measured by retail
				  repair costs, must be disclosed in writing prior to dealer transfers and
				  consumer deliveries. Damage to glass, tires and bumpers and any damaged
				  components or options which can be replaced by identical components are
				  excluded from the six percent (6¢) regulation when replaced by identical
				  manufacturer's original equipment.
This regulation does not waive or alter any requirements or
				  obligations which may be created by other Federal or State laws and
				  regulations.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1301 - Administrative Regulations for Mississippi Motor Vehicle Commission › Chapter 2 - Delivery and Preparation Obligations to Dealers › Rule 30-1301-2.1 - Delivery and Preparation Obligations to Dealers

Current through June 25, 2024
Delivery and preparation obligations of dealers: schedule
				  and reasonableness of compensation for work and services of dealers in
				  connection with such obligations: Filing: Compensation of dealers for labor,
				  parts, and parts and / or incidental expenses with regard to factory warranty
				  agreements.
Miss. Code Ann. §
										63-17-69
				  (Rev.1983).