reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 1 - Rules and Regulations › Rule 30-1401-1.3 - Code Of Operating Procedure For Polygraph Examiners

Current through June 25, 2024
(1) All polygraph charts should be marked
				with appropriate stimulus markings, question identification markings, and
				answer markings, at the point and place the question was asked and answer
				given.
(2) Any polygraph charts,
				question sheet, signed subject agreement to submit to the examination, written
				reports, examiner opinions, or any other pertinent papers, shall be attached
				together and maintained for a minimum period of two (2) years, following the
				examination; and shall be available to the Board and/or its representative,
				upon request of the Board.
(3) The
				polygraph examiner shall not question any subject on his or her sexual
				behavior, or ask any question that can be construed as being sexually oriented,
				unless the topic is a specific issue and he or she has been advised of this.
				Any examination of a criminal nature shall be exempt from the provision of this
				paragraph.
(4) The polygraph
				examiner shall not abuse any subject and shall conduct himself in a
				professional manner.
(5) All
				out-of-state license holders, who do not maintain an office in the State of
				Mississippi, shall register their Mississippi polygraph license with the
				Secretary of State, Jackson, Mississippi.
(6) No polygraph examiner shall polygraph any
				person under the age of 12.
Miss. Code Ann. §
										73-29-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 1 - Rules and Regulations › Rule 30-1401-1.4 - Polygraph Examiner Internship Rules And Regulations

Current through June 25, 2024
The following rules and regulations pertaining to the
				  internship program, under the Mississippi Board of Polygraph Examiners Act,
				  Senate Bill No. 1987, shall be and are hereby designated the rules and
				  regulations of this Board.
(1) Primary
				Intern: (Minimum of Twelve (12) months)
Applicant meeting the requirements of Section 7 of the
				  Polygraph Examiners Act, but not having completed an approved polygraph
				  examiner school. (Schedule of training requirements available, upon
				  request.)
(2) Advanced
				Intern: (Minimum of six (6) months)
(a) An
				applicant meeting the requirements of Section 7 of the Polygraph Examiners Act,
				and,
(b) Having completed an
				approved polygraph school, and,
(c)
				Having passed a written examination administered by the Board of Polygraph
				Examiners or its designated representative.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 2 - Organization of the MS Polygraph Examiner's Board › Rule 30-1401-2.1 - MS Polygraph Examiner's Board Organization

Current through June 25, 2024
The MS Polygraph Examiner's Board is established under the
				  following provisions in accordance to the MS Code Annotated Section
				  73-29-7:
(1) There is hereby established a polygraph
				examiners board consisting of three (3) members who shall be citizens of the
				United States and residents of the state for at least two (2) years prior to
				appointment and at the time of appointment are active polygraph examiners. No
				two (2) board members may be employed by the same person or agency. At least
				one (1) member must be a qualified examiner of a governmental law enforcement
				agency, and shall be the supervisor of the polygraph section of the department
				of public safety, and at least one (1) member must be a qualified polygraph
				examiner in the commercial field. The members shall be appointed by the
				governor of the State of Mississippi with the advice and consent of the senate
				for a term of six (6) years. The terms of office of members appointed to the
				initial board are one (1) for two (2) years; one (1) for four (4) years; and
				one (1) for six (6) years. Any vacancy in an unexpired term shall be filled by
				appointment of the governor with the advice and consent of the senate for the
				unexpired term.
(2) The board shall
				elect a chairman, vice-chairman, and secretary from among its
				members.
(3) The vote of a majority
				of the board members is sufficient for passage of any business or proposal
				which comes before the board.
(4)
				The members of the board shall receive Twenty-two Dollars and Fifty Cents
				($22.50) per diem for each day spent in the actual discharge of their
				duties.
(5) The Department of
				Public Safety is hereby authorized to provide the board with an appropriate
				office and such administrative and clerical services as may be necessary to
				carry out the board's responsibilities, including investigative and testing
				services, budgetary support and such other services and support deemed
				appropriate by the Commissioner of Public Safety.
Miss. Code Ann. §
										73-29-7
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 3 - Oral Proceedings/Public Comment Hearings › Rule 30-1401-3.1 - Application of Chapter

Current through June 25, 2024
This chapter applies to all oral proceedings held for the
				  purpose of providing the public an opportunity to make oral presentations or
				  written input on proposed new rules, amendments to rules, and proposed repeal
				  of existing rules before the MS Polygraph Examiner's Board.
Miss. Code Ann. §
										73-29-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 3 - Oral Proceedings/Public Comment Hearings › Rule 30-1401-3.2 - Request for Oral Proceeding

Current through June 25, 2024
When a political subdivision, an agency, or a citizen
				  requests an oral proceeding in regards to a proposed rule adoption, the
				  requestor must submit a printed, typewritten, or legibly handwritten request.
				  When an oral proceeding has not been scheduled by the MS Polygraph Examiner's
				  Board, an oral proceeding will be scheduled when a written request is submitted
				  by a political subdivision, an agency, or ten (10) or more persons.
(1) Each request must be submitted on 8-1/2"
				x 11" white paper.
(2) The request
				may be in the form of a letter addressed to the MS Polygraph Examiner's Board
				or in a form of a pleading as if filed with a court.
(3) Each request must include the full name,
				telephone numbers, and mailing address of the requestor (s).
(4) 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.
Miss. Code Ann. §
										73-29-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 3 - Oral Proceedings/Public Comment Hearings › Rule 30-1401-3.3 - Notice of Oral Proceedings

Current through June 25, 2024
Notice of the date, time, and place of all oral proceedings
				  shall be filed with the MS Polygraph Examiner's Board. The MS Polygraph
				  Examiner's Board shall provide notice of oral proceedings to each requestor.
				  The oral proceedings will be scheduled no earlier than twenty (20) days from
				  the filing of the notice with the MS Polygraph Examiner's Board. The President
				  of the MS Polygraph Examiner's Board or designee who is familiar with the
				  substance of the proposed rule, shall preside at the oral proceeding on a
				  proposed rule.
Miss. Code Ann. §
										73-29-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 3 - Oral Proceedings/Public Comment Hearings › Rule 30-1401-3.4 - Public Participation Guidelines

Current through June 25, 2024
Public participation shall be permitted at oral proceedings
				  in accordance with the following:
(1)
				At an oral proceeding on a proposed rule, persons may make statements and
				present documentary and physical submissions.
(2) Persons wishing to make oral
				presentations at such a proceeding shall notify the MS Polygraph Examiner's
				Board at least three (3) business days prior to the proceeding and indicate the
				general subject of their presentations. The presiding officer in his or her
				discretion may allow individuals to participate that have not contacted the MS
				Polygraph Examiner Board prior to the proceeding.
(3) At the proceeding, those who participate
				shall indicate their names and addresses, identify any persons or organizations
				they may represent, and provide any other information relating to their
				participation deemed appropriate by the presiding officer.
(4) The presiding officer may place time
				limitations on individual presentations when necessary to assure the orderly
				and expeditious conduct of the oral proceeding. To encourage joint
				presentations and to avoid repetition, additional time may be provided for
				persons whose presentations represent the views of other individuals as well as
				their own views.
(5) Persons making
				presentations are encouraged to avoid restating matters that have already been
				submitted in writing. Written materials may, however, be submitted at the oral
				proceeding.
(6) Where time permits
				and to facilitate the exchange of information, the presiding officer may open
				the floor to questions or general discussion. The presiding officer may
				question participants and permit the questioning of participants by other
				participants about any matter relating to that rule-making proceedings,
				including any prior written submissions made by those participants in that
				proceeding. No participant shall be required to answer any question.
Miss. Code Ann. §
										73-29-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 3 - Oral Proceedings/Public Comment Hearings › Rule 30-1401-3.5 - Submissions and Records

Current through June 25, 2024
Physical and Documentary Submissions presented by
				  participants in an oral proceeding shall be submitted to the presiding officer.
				  Such submissions become the property of the MS Polygraph Examiner's Board, part
				  of the rulemaking record, and are subject to the MS Polygraph Board's record
				  request procedure. The MS Polygraph Examiner's Board may record oral
				  proceedings by stenographic or electronic means.
Miss. Code Ann. §
										73-29-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1401-4.1 - Application of Chapter

Current through June 25, 2024
This chapter sets forth the MS Polygraph Examiner's Board's
				  rules governing the form, content, and filing of requests for declaratory
				  opinions, the procedural rights of persons in relation to the written requests,
				  and the MS Polygraph Board's procedures regarding the disposition of requests
				  as required by Mississippi code §
									73-29-39.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1401-4.2 - Scope of Declaratory Opinions

Current through June 25, 2024
The MS Polygraph Examiner's Board will issue declaratory
				  opinions regarding the applicability to specified facts of:
(1) A statue administered or enforceable by
				the MS Polygraph Examiner's Board,
(2) A rule promulgated by the MS Polygraph
				Examiner's Board, or
(3) An order
				issued by the MS Polygraph Examiner's Board.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1401-4.3 - Scope of Declaratory Opinion Request

Current through June 25, 2024
A request must be limited to a single transaction or
				  occurrence.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1401-4.4 - How to Submit Requests

Current through June 25, 2024
When a person with substantial interest requests a
				  declaratory opinion, the person must submit a printed, typewritten, or legibly
				  handwritten request.
(1) Each request
				must be submitted on 8-1/2" x 11" white paper.
(2) The request may be in the form of a
				letter addressed to the MS Polygraph Examiner's Board or in the form of a
				pleading as if filed with a court.
(3) Each request must include the full name,
				telephone numbers, and mailing address of the requestor(s).
(4) 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.
(5)
				Each request must clearly state that it is a request for declaratory
				opinion.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1401-4.5 - Signature Attestation

Current through June 25, 2024
Any party who signs the request shall attest that the
				  request complies with the requirements set forth in these rules, including but
				  not limited to a full, compete, and accurate statement of relevant facts and
				  that there are no related proceedings pending before any agency,
				  administrative, or judicial tribunal.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1401-4.6 - Request Content Requirement

Current through June 25, 2024
Each request must contain the following:
(1) A clear identification of the stature,
				rule, or order at issue;
(2) The
				question for the declaratory opinion;
(3) A clear and concise statement of all
				facts relevant to the question presented;
(4) The identity of all other known persons
				involved in or impacted by the facts giving rise to the request including their
				relationship to the facts, and their name, mailing address, and telephone
				number.
(5) A statement sufficient
				to show that the requestor has a substantial interest in the subject matter of
				the request.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1401-4.7 - Reasons for Refusal of Declaratory Opinion Request

Current through June 25, 2024
The MS Polygraph Examiner's Board may, for good cause,
				  refuse to issue a declaratory opinion. The circumstances in which declaratory
				  opinions will not be issued include, but are not necessarily limited to:
(1) The matter is outside the primary
				jurisdiction of the MS Polygraph Examiner's Board;
(2) Lack of clarity concerning the question
				presented;
(3) There is pending or
				anticipated litigation, administrative action or anticipated administrative
				action, or other adjudication which may either answer the question presented by
				the request or otherwise make an answer unnecessary;
(4) The stature, 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;
(5) The facts presented in the request are
				not sufficient to answer the question presented;
(6) The request fails to contain information
				required by these rules or the requestor failed to follow the procedure set
				forth in these rules;
(7) The
				requestor seeks to resolve issues which have become moot or are abstract or
				hypothetical such that the requestor is not substantially affected by the rule,
				statute, or order on which a declaratory opinion is sought;
(8) No controversy exists or is certain to
				arise which raises a question concerning the application of the statue, rule,
				or order;
(9) The question
				presented by the request concerns the legal validity of a statute, rule, or
				order;
(10) The request is not
				based upon facts calculated to aid in the planning of future conduct, but is,
				instead, based on past conduct in an effort to establish the effect of that
				conduct;
(11) No clear answer is
				determinable;
(12) The question
				presented by the request involves the application of a criminal statute or sets
				forth facts which may constitute a crime;
(13) The answer to the question presented
				would require the disclosure of information which is privileged or otherwise
				protected by law from disclosure;
(14) A similar request is pending before this
				agency, or any other agency, or a proceeding is pending on the same subject
				matter before any agency, administrative or judicial tribunal, or where such an
				opinion would constitute the unauthorized practice of law; or
(15) The question involves eligibility for a
				license, permit, certificate or other approval by the MS Polygraph Examiner's
				Board.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1401-4.8 - Board Response

Current through June 25, 2024
Within forty-five (45) days after the receipt of a request
				  for a declaratory opinion which complies with the requirements of these rules,
				  the MS Polygraph Examiner's Board shall, in writing:
(1) Issue an opinion declaring the
				applicability of the statute, rule, or order to the specified
				circumstances;
(2) Agree to issue a
				declaratory opinion by a specified time but no later than ninety (90) days
				after receipt of the written request; or
(3) Decline to issue a declaratory opinion,
				stating the reasons for its action.
The forty-five (45) day period shall begin on the first
				  business day on or after which the request is received by the MS Polygraph
				  Examiner's Board.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1401 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1401-4.9 - Availability of Declaratory Opinions and Requests for Opinions

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
				  shall be 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 requestor name, subject, and date of issue. Declaratory
				  opinions and requests which contain information which is confidential or exempt
				  from disclosure under the Mississippi Public Records Act or other laws shall be
				  exempt from this requirement and shall remain confidential.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 1 - Rules and Regulations › Rule 30-1402-1.1

Current through June 25, 2024
References Section 5, Paragraph (a), Polygraph Examiners
				  Act, 1968, (S.B. 1987), the following rules, resolutions, regulations,
				  directives, approvals, and agreements, pertaining to the general requirements
				  for the licensing of polygraph examiners, and to the standards to be observed
				  by polygraph examiners in the conduct of polygraph examinations, reflect the
				  will of the Board of Professional Polygraph Examiners of the State of
				  Mississippi and were adopted and recorded in the minutes of the Board on the
				  dates cited.
RE: Section
				  73-29-5
				  of THE MISSISSIPPI CODE OF 1972
Section 5: (a) The Board shall issue regulations consistent
				  with the provisions of this act, for the administration and enforcement of this
				  act and shall prescribe forms, which shall be issued in connections
				  therewith.
Miss. Code Ann. §
										73-29-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 1 - Rules and Regulations › Rule 30-1402-1.2 - General Rules and Regulations

Current through June 25, 2024
(1) A list of Board
				rules, resolutions, regulations, directives, approvals, and agreements,
				pertaining to the general requirements for the licensing of the polygraph
				examiners, and to the standards to be observed by polygraph examiners in the
				conduct of the polygraph examinations, shall be published the distributed to
				all currently licensed Mississippi polygraph examiners and to all applicants
				for licenses, as a Mississippi polygraph examiner. (2/24/73)
(2) Approval of Polygraph Schools: American
				Polygraph Association approved schools. (5/20/77)
(3) Internship Requirements: Applicants for
				internship licenses shall submit an internship instructor questionnaire. Any
				approved school or examiner, licensed in the State of Mississippi, may
				administer the internship program, upon approval of this Board, until such time
				as said school or examiner demonstrates its or his inability to administer such
				program. (4/19/69)
(4) Written
				Examinations and Completion of Internship:
(a) Written examinations required, before
				being licensed as an intern examiner, at the discretion of the Board; excluding
				those applicants from States holding reciprocity agreements with Mississippi.
				(2/24/73)
(b) Upon completion of
				the internship period, the intern and sponsor shall petition the Board to
				consider applicant for full examiner status.
(c) The intern shall then appear before the
				Board, for an oral review of his progress and understanding of the polygraph
				technique and the Polygraph Examiners Act. (Unless specifically waived by
				Board)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 1 - Rules and Regulations › Rule 30-1402-1.3 - Code Of Operating Procedure For Polygraph Examiners

Current through June 25, 2024
(1) All polygraph charts should be marked
				with appropriate stimulus markings, question identification markings, and
				answer markings, at the point and place the question was asked and answer
				given.
(2) Any polygraph charts,
				question sheet, signed subject agreement to submit to the examination, written
				reports, examiner opinions, or any other pertinent papers, shall be attached
				together and maintained for a minimum period of two (2) years, following the
				examination; and shall be available to the Board and/or its representative,
				upon request of the Board.
(3) The
				polygraph examiner shall not question any subject on his or her sexual
				behavior, or ask any question that can be construed as being sexually oriented,
				unless the topic is a specific issue and he or she has been advised of this.
				Any examination of a criminal nature shall be exempt from the provision of this
				paragraph.
(4) The polygraph
				examiner shall not abuse any subject and shall conduct himself in a
				professional manner.
(5) All
				out-of-state license holders, who do not maintain an office in the State of
				Mississippi, shall register their Mississippi polygraph license with the
				Secretary of State, Jackson, Mississippi.
(6) No polygraph examiner shall polygraph any
				person under the age of 12.
Miss. Code Ann. §
										73-29-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 1 - Rules and Regulations › Rule 30-1402-1.4 - Polygraph Examiner Internship Rules And Regulations

Current through June 25, 2024
The following rules and regulations pertaining to the
				  internship program, under the Mississippi Board of Polygraph Examiners Act,
				  Senate Bill No. 1987, shall be and are hereby designated the rules and
				  regulations of this Board.
(1) Primary
				Intern: (Minimum of Twelve (12) months)
Applicant meeting the requirements of Section 7 of the
				  Polygraph Examiners Act, but not having completed an approved polygraph
				  examiner school. (Schedule of training requirements available, upon
				  request.)
(2) Advanced
				Intern: (Minimum of six (6) months)
(a) An
				applicant meeting the requirements of Section 7 of the Polygraph Examiners Act,
				and,
(b) Having completed an
				approved polygraph school, and,
(c)
				Having passed a written examination administered by the Board of Polygraph
				Examiners or its designated representative.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 2 - Organization of the MS Polygraph Examiner's Board › Rule 30-1402-2.1 - MS Polygraph Examiner's Board Organization

Current through June 25, 2024
The MS Polygraph Examiner's Board is established under the
				  following provisions in accordance to the MS Code Annotated Section
				  73-29-7:
(1) There is hereby established a polygraph
				examiners board consisting of three (3) members who shall be citizens of the
				United States and residents of the state for at least two (2) years prior to
				appointment and at the time of appointment are active polygraph examiners. No
				two (2) board members may be employed by the same person or agency. At least
				one (1) member must be a qualified examiner of a governmental law enforcement
				agency, and shall be the supervisor of the polygraph section of the department
				of public safety, and at least one (1) member must be a qualified polygraph
				examiner in the commercial field. The members shall be appointed by the
				governor of the State of Mississippi with the advice and consent of the senate
				for a term of six (6) years. The terms of office of members appointed to the
				initial board are one (1) for two (2) years; one (1) for four (4) years; and
				one (1) for six (6) years. Any vacancy in an unexpired term shall be filled by
				appointment of the governor with the advice and consent of the senate for the
				unexpired term.
(2) The board shall
				elect a chairman, vice-chairman, and secretary from among its
				members.
(3) The vote of a majority
				of the board members is sufficient for passage of any business or proposal
				which comes before the board.
(4)
				The members of the board shall receive Twenty-two Dollars and Fifty Cents
				($22.50) per diem for each day spent in the actual discharge of their
				duties.
(5) The Department of
				Public Safety is hereby authorized to provide the board with an appropriate
				office and such administrative and clerical services as may be necessary to
				carry out the board's responsibilities, including investigative and testing
				services, budgetary support and such other services and support deemed
				appropriate by the Commissioner of Public Safety.
Miss. Code Ann. §
										73-29-7
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 3 - Oral Proceedings/Public Comment Hearings › Rule 30-1402-3.1 - Application of Chapter

Current through June 25, 2024
This chapter applies to all oral proceedings held for the
				  purpose of providing the public an opportunity to make oral presentations or
				  written input on proposed new rules, amendments to rules, and proposed repeal
				  of existing rules before the MS Polygraph Examiner's Board.
Miss. Code Ann. §
										73-29-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 3 - Oral Proceedings/Public Comment Hearings › Rule 30-1402-3.2 - Request for Oral Proceeding

Current through June 25, 2024
When a political subdivision, an agency, or a citizen
				  requests an oral proceeding in regards to a proposed rule adoption, the
				  requestor must submit a printed, typewritten, or legibly handwritten request.
				  When an oral proceeding has not been scheduled by the MS Polygraph Examiner's
				  Board, an oral proceeding will be scheduled when a written request is submitted
				  by a political subdivision, an agency, or ten (10) or more persons.
(1) Each request must be submitted on 8-1/2"
				x 11" white paper.
(2) The request
				may be in the form of a letter addressed to the MS Polygraph Examiner's Board
				or in a form of a pleading as if filed with a court.
(3) Each request must include the full name,
				telephone numbers, and mailing address of the requestor (s).
(4) 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.
Miss. Code Ann. §
										73-29-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 3 - Oral Proceedings/Public Comment Hearings › Rule 30-1402-3.3 - Notice of Oral Proceedings

Current through June 25, 2024
Notice of the date, time, and place of all oral proceedings
				  shall be filed with the MS Polygraph Examiner's Board. The MS Polygraph
				  Examiner's Board shall provide notice of oral proceedings to each requestor.
				  The oral proceedings will be scheduled no earlier than twenty (20) days from
				  the filing of the notice with the MS Polygraph Examiner's Board. The President
				  of the MS Polygraph Examiner's Board or designee who is familiar with the
				  substance of the proposed rule, shall preside at the oral proceeding on a
				  proposed rule.
Miss. Code Ann. §
										73-29-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 3 - Oral Proceedings/Public Comment Hearings › Rule 30-1402-3.4 - Public Participation Guidelines

Current through June 25, 2024
Public participation shall be permitted at oral proceedings
				  in accordance with the following:
(1)
				At an oral proceeding on a proposed rule, persons may make statements and
				present documentary and physical submissions.
(2) Persons wishing to make oral
				presentations at such a proceeding shall notify the MS Polygraph Examiner's
				Board at least three (3) business days prior to the proceeding and indicate the
				general subject of their presentations. The presiding officer in his or her
				discretion may allow individuals to participate that have not contacted the MS
				Polygraph Examiner Board prior to the proceeding.
(3) At the proceeding, those who participate
				shall indicate their names and addresses, identify any persons or organizations
				they may represent, and provide any other information relating to their
				participation deemed appropriate by the presiding officer.
(4) The presiding officer may place time
				limitations on individual presentations when necessary to assure the orderly
				and expeditious conduct of the oral proceeding. To encourage joint
				presentations and to avoid repetition, additional time may be provided for
				persons whose presentations represent the views of other individuals as well as
				their own views.
(5) Persons making
				presentations are encouraged to avoid restating matters that have already been
				submitted in writing. Written materials may, however, be submitted at the oral
				proceeding.
(6) Where time permits
				and to facilitate the exchange of information, the presiding officer may open
				the floor to questions or general discussion. The presiding officer may
				question participants and permit the questioning of participants by other
				participants about any matter relating to that rule-making proceedings,
				including any prior written submissions made by those participants in that
				proceeding. No participant shall be required to answer any question.
Miss. Code Ann. §
										73-29-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 3 - Oral Proceedings/Public Comment Hearings › Rule 30-1402-3.5 - Submissions and Records

Current through June 25, 2024
Physical and Documentary Submissions presented by
				  participants in an oral proceeding shall be submitted to the presiding officer.
				  Such submissions become the property of the MS Polygraph Examiner's Board, part
				  of the rulemaking record, and are subject to the MS Polygraph Board's record
				  request procedure. The MS Polygraph Examiner's Board may record oral
				  proceedings by stenographic or electronic means.
Miss. Code Ann. §
										73-29-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1402-4.1 - Application of Chapter

Current through June 25, 2024
This chapter sets forth the MS Polygraph Examiner's Board's
				  rules governing the form, content, and filing of requests for declaratory
				  opinions, the procedural rights of persons in relation to the written requests,
				  and the MS Polygraph Board's procedures regarding the disposition of requests
				  as required by Mississippi code §
									73-29-39.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1402-4.2 - Scope of Declaratory Opinions

Current through June 25, 2024
The MS Polygraph Examiner's Board will issue declaratory
				  opinions regarding the applicability to specified facts of:
(1) A statue administered or enforceable by
				the MS Polygraph Examiner's Board,
(2) A rule promulgated by the MS Polygraph
				Examiner's Board, or
(3) An order
				issued by the MS Polygraph Examiner's Board.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1402-4.3 - Scope of Declaratory Opinion Request

Current through June 25, 2024
A request must be limited to a single transaction or
				  occurrence.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1402-4.4 - How to Submit Requests

Current through June 25, 2024
When a person with substantial interest requests a
				  declaratory opinion, the person must submit a printed, typewritten, or legibly
				  handwritten request.
(1) Each request
				must be submitted on 8-1/2" x 11" white paper.
(2) The request may be in the form of a
				letter addressed to the MS Polygraph Examiner's Board or in the form of a
				pleading as if filed with a court.
(3) Each request must include the full name,
				telephone numbers, and mailing address of the requestor(s).
(4) 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.
(5)
				Each request must clearly state that it is a request for declaratory
				opinion.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1402-4.5 - Signature Attestation

Current through June 25, 2024
Any party who signs the request shall attest that the
				  request complies with the requirements set forth in these rules, including but
				  not limited to a full, compete, and accurate statement of relevant facts and
				  that there are no related proceedings pending before any agency,
				  administrative, or judicial tribunal.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1402-4.6 - Request Content Requirement

Current through June 25, 2024
Each request must contain the following:
(1) A clear identification of the stature,
				rule, or order at issue;
(2) The
				question for the declaratory opinion;
(3) A clear and concise statement of all
				facts relevant to the question presented;
(4) The identity of all other known persons
				involved in or impacted by the facts giving rise to the request including their
				relationship to the facts, and their name, mailing address, and telephone
				number.
(5) A statement sufficient
				to show that the requestor has a substantial interest in the subject matter of
				the request.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1402-4.7 - Reasons for Refusal of Declaratory Opinion Request

Current through June 25, 2024
The MS Polygraph Examiner's Board may, for good cause,
				  refuse to issue a declaratory opinion. The circumstances in which declaratory
				  opinions will not be issued include, but are not necessarily limited to:
(1) The matter is outside the primary
				jurisdiction of the MS Polygraph Examiner's Board;
(2) Lack of clarity concerning the question
				presented;
(3) There is pending or
				anticipated litigation, administrative action or anticipated administrative
				action, or other adjudication which may either answer the question presented by
				the request or otherwise make an answer unnecessary;
(4) The stature, 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;
(5) The facts presented in the request are
				not sufficient to answer the question presented;
(6) The request fails to contain information
				required by these rules or the requestor failed to follow the procedure set
				forth in these rules;
(7) The
				requestor seeks to resolve issues which have become moot or are abstract or
				hypothetical such that the requestor is not substantially affected by the rule,
				statute, or order on which a declaratory opinion is sought;
(8) No controversy exists or is certain to
				arise which raises a question concerning the application of the statue, rule,
				or order;
(9) The question
				presented by the request concerns the legal validity of a statute, rule, or
				order;
(10) The request is not
				based upon facts calculated to aid in the planning of future conduct, but is,
				instead, based on past conduct in an effort to establish the effect of that
				conduct;
(11) No clear answer is
				determinable;
(12) The question
				presented by the request involves the application of a criminal statute or sets
				forth facts which may constitute a crime;
(13) The answer to the question presented
				would require the disclosure of information which is privileged or otherwise
				protected by law from disclosure;
(14) A similar request is pending before this
				agency, or any other agency, or a proceeding is pending on the same subject
				matter before any agency, administrative or judicial tribunal, or where such an
				opinion would constitute the unauthorized practice of law; or
(15) The question involves eligibility for a
				license, permit, certificate or other approval by the MS Polygraph Examiner's
				Board.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1402-4.8 - Board Response

Current through June 25, 2024
Within forty-five (45) days after the receipt of a request
				  for a declaratory opinion which complies with the requirements of these rules,
				  the MS Polygraph Examiner's Board shall, in writing:
(1) Issue an opinion declaring the
				applicability of the statute, rule, or order to the specified
				circumstances;
(2) Agree to issue a
				declaratory opinion by a specified time but no later than ninety (90) days
				after receipt of the written request; or
(3) Decline to issue a declaratory opinion,
				stating the reasons for its action.
The forty-five (45) day period shall begin on the first
				  business day on or after which the request is received by the MS Polygraph
				  Examiner's Board.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1402 - Rules and Regulations of Polygraph Examiners Act and Board Regulations › Chapter 4 - Declaratory Opinions › Rule 30-1402-4.9 - Availability of Declaratory Opinions and Requests for Opinions

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
				  shall be 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 requestor name, subject, and date of issue. Declaratory
				  opinions and requests which contain information which is confidential or exempt
				  from disclosure under the Mississippi Public Records Act or other laws shall be
				  exempt from this requirement and shall remain confidential.
Miss. Code Ann. §
										73-29-39
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1501 - Mississippi Real Estate Appraiser Licensing and Certification Board › Chapter 2 - Experience Requirements for Licensed Appraiser, Certified Residential Appraiser and Certified General Appraiser Applicants › Rule 30-1501-2.1 - Experience Hours for Licensed Appraiser, Certified Residential Appraiser and Certified General Appraiser

Current through June 25, 2024
1. Each applicant
				for a credential as a Licensed real estate appraiser, Certified Residential
				real estate appraiser, or Certified General real estate appraiser must meet all
				experience requirements established by the AQB.
(a) Acceptable appraisal experience includes
				the following: Fee and staff appraisal, review appraisal, appraisal analysis,
				feasibility analysis, and real estate consulting.
(b) The verification for experience credit
				which is claimed by an applicant shall be via a log sheet and/or affidavit on
				specific forms which are prescribed by the Board. Following the applicant's
				submission of the appraisal log, the Board will request a minimum of two (2)
				sample appraisals from among those reports which have been documented by the
				applicant for experience credit. In addition, the applicant must agree to
				furnish other appraisal reports if deemed necessary by the Board. The sample
				appraisal reports must be USPAP compliant and must include at least one (1)
				complex appraisal from the category being applied for.
(c) The appraiser is required to document the
				actual number of hours worked in the performance of each appraisal assignment
				and must report and record those specific hours on their Appraisal Board
				Experience Log. The Appraisal Board considers the experience credit work-hours
				allowed in Rule
				2.2 and Rule
				2.3(below) to be
				the maximum number of acceptable hours per appraisal classification. The
				appraiser may request additional hours for an appraisal by submitting the
				proper supporting documentation to the Appraisal Board. This supporting
				documentation should be in the form or a Daily Log which is attached to the
				Appraisal Board Experience Log. All logs must have the Appraisal Board
				Appraiser's Affidavit attached to the log. All work-hours submitted are subject
				to Appraisal Board approval.
After being issued the Licensed Appraiser credential as
				  required by Mississippi Code §
											73-34-5,
				  the documented experience required for a credential in the State Certified
				  General and the State Certified Residential categories shall be obtained as
				  follows:
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1501 - Mississippi Real Estate Appraiser Licensing and Certification Board › Chapter 2 - Experience Requirements for Licensed Appraiser, Certified Residential Appraiser and Certified General Appraiser Applicants › Rule 30-1501-2.2 - Certified General Real Estate Appraiser Experience Hours for Licensing

Current through June 25, 2024
1. An applicant for a State Certified General
				real estate appraiser credential must provide evidence satisfactory to the
				Board that the applicant has completed the minimum number of hours of appraisal
				experience over the minimum period of time as established by the AQB.
				Experience credits (work-hours) for the State Certified General real estate
				appraiser credential shall be awarded as follows:
(a) a complex, non-residential appraisal
				shall be limited to no more than 66 hours of credit:
(b) a complex, non-residential field review
				shall be limited to no more than 16 hours of credit;
(c) a complex, non-residential desk review
				shall be limited to no more than 8 hours of credit;
(d) a non-complex, non-residential appraisal
				shall be limited to no more than 16 hours of credit;
(e) a non-complex, non-residential field
				review shall be limited to no more than 8 hours of credit;
(f) a non-complex, non-residential desk
				review shall be limited to no more than 4 hours of credit.