reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Examinations; License Categories › Section 2-1-3-11-04-403.01

Current through June 25, 2024
Each person required to secure a license in accordance
						  with the Act shall be examined as follows: When the firm is under the control
						  of one person who is solely responsible for the work, this person alone shall
						  be required to pass the examination. When more than one person is responsible,
						  then each shall be required to pass the examination. A person may designate an
						  employee who is regularly and actively in charge to take the examination, and
						  the license will be issued naming the employee as supervisor. Both the employee
						  and the person to whom the license is issued will be held responsible for the
						  professional services rendered.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Examinations; License Categories › Section 2-1-3-11-04-403.02

Current through June 25, 2024
The applicant shall take an examination which shall be
						  written and, in general, cover the subject of the professional services
						  designated in the application. The examination may be waived if the applicant
						  is already licensed to perform the same professional services in a state with
						  standards equal to those of Mississippi and, provided further, that said state
						  recognizes such examinations given by Mississippi or if he is licensed as a
						  landscape architect in Mississippi in accordance with
Miss. Code
						  Ann.
Sections
						  73-2-1 through
						  73-2-25.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Examinations; License Categories › Section 2-1-3-11-04-403.03

Current through June 25, 2024
Examination dates: Examinations shall be given once
						  each quarter at Mississippi State, Mississippi. The dates for written
						  examinations shall be the second Tuesday in each quarter of the calendar year.
						  Applicants not passing the examination may take it on the next regularly
						  scheduled examination date.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Examinations; License Categories › Section 2-1-3-11-04-403.04

Current through June 25, 2024
Category in which the examination is given and for
						  which a license will be issued:
Horticultural and floricultural work - "Landscape
						  Horticulturist" - This category includes persons engaged in advertising
						  landscaping services and setting plants for which the seller contracts or
						  agrees to render future services.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Plant Act Compliance › Section 2-1-3-11-04-404

Current through June 25, 2024
No license will be issued to a person to practice the
						  professional services defined in Section
						  69-19-5 of
						  the Act unless the provisions of
Miss. Code Ann.
Sections
						  69-25-1
						  through
						  69-25-47,
						  have been compiled with relative to horticultural and/or floricultural plants
						  and plant products being moved and sold under proper certificate tags issued by
						  the Bureau.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Issuance of License › Section 2-1-3-11-04-405.01

Current through June 25, 2024
If the qualifications and other requirements of the
						  applicant are satisfactory, the Bureau shall then require that the applicant
						  furnish a bond in the proper amount as set forth in Section 407 of this chapter
						  in conformity to Section
						  69-19-9,
						  Mississippi Code 1972. The Bureau of Plant Industry, Mississippi Department of
						  Agriculture and Commerce, shall then issue a license which shall expire three
						  (3) years from date of issuance unless suspended or revoked for
						  cause.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Issuance of License › Section 2-1-3-11-04-405.02

Current through June 25, 2024
A license is not transferable. When there is a change
						  in the status of a license holder due to uncontrollable circumstances, a
						  reasonable period of time shall be allowed for a qualified person to meet the
						  requirements of Section 401 of this chapter.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Issuance of License › Section 2-1-3-11-04-405.03

Current through June 25, 2024
A license shall expire three (3) years from date of
						  issuance; renewal shall be on a form provided by the Bureau. Failure of the
						  licensee to notify the Bureau of an address change will invalidate the
						  license.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Denial, Suspension or Cancellation of a License › Section 2-1-3-11-04-406.01

Current through June 25, 2024
The commissioner with the approval of the advisory
						  board may suspend for not more than thirty (30) days, and then after
						  opportunity for a hearing may deny, suspend, cancel or modify the provisions of
						  any license issued under the Act if he finds that the applicant or licensee has
						  committed any of the following applicable to him, each of which is declared to
						  be a violation of the Act and these regulations.
1. Made false or fraudulent claims through
						any media misrepresenting the effect of materials or methods to be
						used;
2. Operated in a faulty,
						careless or negligent manner or knowingly operated faulty or unsafe equipment
						in a manner as to cause damage to property or person;
3. Refused or, after notice, neglected to
						comply with the provisions of the Act, the regulations adopted hereunder or any
						lawful order of the commissioner;
4. Refused or neglected to keep and maintain
						records required by the Act or to make reports when required;
5. Made false or fraudulent records, invoices
						or reports;
6. Used fraud or
						misrepresentation in making application for a license or renewal;
7. Aided or abetted any person in evading the
						provisions of the Act;
8. Allowed
						one's license to be used by an unlicensed person;
9. Impersonated any state or federal
						official;
10. Misrepresented for
						the purpose of deceiving or defrauding;
11. Made a false statement with knowledge of
						its falsity for the purpose of inducing others to act thereon to their
						detriment;
12. Performed work in a
						category covered by the Act for which the licensee does not hold a
						license;
13. Repeated inspections
						by inspectors of the Bureau of Plant Industry reveal that the licensee is not
						performing services in a satisfactory manner;
14. Failed to register agents or
						solicitors;
15. Convicted in any of
						the courts of this state of a violation of the Act or these rules and
						regulations;
16. Failed to correct
						substandard work; or
17. Failed to
						renew the bond that is required in Section 407 of this chapter.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Denial, Suspension or Cancellation of a License › Section 2-1-3-11-04-406.02

Current through June 25, 2024
Any person who is denied a license or whose license is
						  suspended, canceled or modified by the commissioner shall be afforded an
						  opportunity for a fair hearing before the advisory board in connection
						  therewith upon written application to the commissioner within thirty (30) days
						  after receipt of notice from the commissioner of such denial, suspension,
						  cancellation or modification. The commissioner shall set a time and place for
						  such hearing and shall convene the board within ten (10) days following receipt
						  of the written application for a hearing. The board shall receive evidence and
						  affirm, modify or reverse the determination of the commissioner within five (5)
						  days.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Denial, Suspension or Cancellation of a License › Section 2-1-3-11-04-406.03

Current through June 25, 2024
Any person aggrieved by the determination of the board
						  may petition the Chancery Court of the county of residence of such person or
						  the Chancery Court of Hinds County for a review with supersedeas. The
						  chancellor shall grant a hearing on said petition and may grant such review
						  with supersedeas; the applicant may be required to post bond with sufficient
						  sureties in an amount to be determined by the chancellor. Upon the review of
						  any such decision, additional evidence may be received and considered but any
						  record made or evidence heard before the board or commissioner may be
						  submitted. Any such petition by either party from the determination of the
						  chancellor shall proceed as otherwise provided by law.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Denial, Suspension or Cancellation of a License › Section 2-1-3-11-04-406.04

Current through June 25, 2024
A license shall automatically become invalid should
						  the licensed operator whose name appears on the license ceases to personally
						  supervise and be in direct charge of operations. The license shall remain
						  invalid until some other person having been examined in accordance with these
						  rules and regulations becomes certified as the licensed operator in his stead,
						  except as provided for in Section 404 of this chapter.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Denial, Suspension or Cancellation of a License › Section 2-1-3-11-04-406.05

Current through June 25, 2024
When a license has been canceled, the licensee shall
						  be notified in writing. If the licensee is bonded, the bonding company shall be
						  notified of the action taken, but revoking a license shall in no way invalidate
						  the bond for the duration of the contract entered into by the
						  licensee.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Bond › Section 2-1-3-11-04-407.01

Current through June 25, 2024
The bond furnished the Bureau by any licensee as
						  provided for in
Miss. Code Ann.
Section
						  69-19-9,
						  shall be conditioned so as to insure to the purchaser of services from said
						  licensee the fulfillment of any contract or guarantee made by the licensee. No
						  surety bond shall be accepted except from companies approved by the Insurance
						  Department of Mississippi.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Bond › Section 2-1-3-11-04-407.02

Current through June 25, 2024
Persons engaged in horticultural and floricultural
						  work (landscaping and setting of plants) may be exempt from bond requirements
						  unless such person contracts or agrees to render future
						  service.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Bond › Section 2-1-3-11-04-407.03

Current through June 25, 2024
An annual bond of $1,000 shall be required of any
						  person who shall guarantee his work or contract to render service, and said
						  bond shall be conditioned as to be valid and effective for the maximum time for
						  which the licensee shall issue guarantees or contracts to render future
						  service.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Inspections; Records; Reporting; Contracts › Section 2-1-3-11-04-408

Current through June 25, 2024
Licensed operators shall keep complete and accurate
						  records of all work performed including copies of contracts issued for at least
						  two (2) years. Such records shall be available for examination by employees of
						  the Bureau during reasonable business hours. Such records shall include
						  location, kind of services performed, date performed, materials used if there
						  be any, and such other information as may be necessary for a complete
						  record.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Identification; Operators; Employees; Equipment › Section 2-1-3-11-04-409.01 - Operators

Current through June 25, 2024
All operators or owners engaged in soliciting
						  horticultural and floricultural work or dealing with the public must be
						  provided with an identification card to be obtained from the Bureau of Plant
						  Industry. The licensee shall submit an I.D. card application provided by the
						  Bureau.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Identification; Operators; Employees; Equipment › Section 2-1-3-11-04-409.02 - Employees

Current through June 25, 2024
1. All employees of licensed operators who
						solicit business or otherwise represent the operator in dealing with the public
						must be provided with an identification card to be obtained from the Bureau. An
						employee of an operator considered as a laborer shall have an I.D. card or be
						accompanied by an employee who holds a valid I.D. card.
2. The operator shall submit an I.D. card
						application provided by the Bureau requesting I.D. cards for his employees and
						himself.
3. When an operator or his
						employee resigns or is discharged, the licensee shall return the I.D. card to
						the Bureau for cancellation.
4. The
						I.D. card shall be in the possession of the operator and his employee at all
						times when performing or soliciting business and will be presented on request
						to the person or persons for whom business is performed or solicited.
5. An I.D. card will not be issued to any
						person who has been employed by another operator until his previous card has
						been returned to the Bureau for cancellation.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Identification; Operators; Employees; Equipment › Section 2-1-3-11-04-409.03 - Equipment

Current through June 25, 2024
All vehicles and mobile equipment engaged in
						  professional services covered by the Act and these regulations shall be marked
						  for easy identification.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Bonafide Employee › Section 2-1-3-11-04-410

Current through June 25, 2024
Services or work performed under any section of these
						  regulations must be performed only by the licensee or his bonafide
						  employee.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Exemptions › Section 2-1-3-11-04-411

Current through June 25, 2024
Persons licensed under the "Mississippi Landscape
						  Architectural Practice Law" are exempt from the examination requirement of
						  Subsection 403.01 of this chapter.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Effective Date › Section 2-1-3-11-04-412

Current through June 25, 2024
These regulations are effective following approval by
						  the Bureau of Plant Industry Advisory Board, adoption by the Commissioner and
						  filing with the Secretary of State.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Persons Required to Secure License › Section 2-1-3-11-501

Current through June 25, 2024
Tree surgeons must secure a license from the Bureau of
						  Plant Industry, Mississippi Department of Agriculture and Commerce, only if
						  they advertise as licensed or insured in accordance with
Miss. Code
						  Ann.
Sections
						  69-19-1
						  through
						  69-19-11.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › License Application; Qualifications › Section 2-1-3-11-502

Current through June 25, 2024
Application for license shall be submitted on a
						  regular form furnished by the Bureau in time to be approved ten (10) days prior
						  to regularly scheduled examinations. No application for a license shall be
						  accepted unless the applicant shall furnish written proof that he meets one (1)
						  of the following requirements:
1. Must
						be graduated from an accredited college or university with at least 15 semester
						hours or the equivalent in the field for which he is requesting a
						license,
2. Must have not less than
						two years college or university training with special training in the field for
						which he is requesting a license,
3. Must be at least a high school graduate
						and have had, in addition, at least one year's experience with a licensed
						operator within the past two years,
4. Holds a valid arborist certification
						issued by the International Society of Arboriculture, and
5. If the applicant does not have a high
						school education or its equivalency, he must be able to furnish proof that he
						has at least two year's experience with a licensed operator within the past
						three years.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Examinations; License Categories › Section 2-1-3-11-503.01

Current through June 25, 2024
Each person required to secure a license in accordance
						  with the Act shall be examined as follows: When the firm is under the control
						  of one (1) person who is solely responsible for the work, this person alone
						  shall be required to pass the examination. When more than one person is
						  responsible, then each shall be required to pass the examination. A person may
						  designate an employee who is regularly and actively in charge to take the
						  examination, and the license will be issued naming the employee as supervisor.
						  Both the employer and the person to whom the license is issued will be held
						  responsible for the professional services rendered.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Examinations; License Categories › Section 2-1-3-11-503.02

Current through June 25, 2024
The applicant shall take an examination which shall be
						  written and, in general, cover the subject of the professional services
						  designated in the application. The examination may be waived if the applicant
						  is already licensed to perform the same professional services in a state with
						  standards equal to those of Mississippi and, provided further, that said state
						  recognizes such examinations given by Mississippi.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Examinations; License Categories › Section 2-1-3-11-503.03

Current through June 25, 2024
Examination dates: Examinations shall be given once
						  each quarter at Mississippi State, Mississippi. The dates for written
						  examinations shall be the second Tuesday in each quarter of the calendar year.
						  Applicants not passing the examination may take it on the next regularly
						  scheduled examination date.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Examinations; License Categories › Section 2-1-3-11-503.04

Current through June 25, 2024
Category in which the examination is to be given and
						  for which a license will be issued: Tree Surgery This category includes a
						  person who advertises in a local phone book, newspaper, newsletter, bulletin,
						  the internet or other prominently displayed sign as a licensed or insured tree
						  surgeon and receives compensation for any work or consultation relative to the
						  care, pruning, cabling, bracing, topping, trimming, fertilizing, cavity work
						  and removal of ornamental trees and shrubs in any manner. Nothing shall prevent
						  any person from performing such services as long as their advertising does not
						  include the description licensed or insured.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Issuance of License › Section 2-1-3-11-504.01

Current through June 25, 2024
After all qualifications and requirements have been
						  met, said applicant must furnish proof of insurance in the proper amount as set
						  forth in Section 507 of this chapter in conformity to
Miss. Code
						  Ann
Section
						  69-19-9.
						  The Bureau shall then issue a license which shall be valid for an indefinite
						  period unless suspended or revoked for cause.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Issuance of License › Section 2-1-3-11-504.02

Current through June 25, 2024
A license is not transferable. When there is a change
						  in the status of a license holder due to uncontrollable circumstances, a
						  reasonable period of time shall be allowed for a qualified person to meet the
						  requirements of Section 501 of this chapter. Failure of the licensee to notify
						  the Bureau of an address change will invalidate the license.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Issuance of License › Section 2-1-3-11-504.03

Current through June 25, 2024
A person requesting a license must have passed the
						  required examination within the past year or have been actively engaged in the
						  work since passing the examination or be reexamined before his license can be
						  issued.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Denial, Suspension or Cancellation of a License; Refusal to Issue or Renew Same › Section 2-1-3-11-505.01

Current through June 25, 2024
Where the holder of a license, permit or
						  identification card commits any of the following acts or omissions, it shall be
						  grounds to suspend, modify, deny, cancel or revoke such license, permit or
						  identification card, in addition to those grounds set forth in
Miss.
						  Code Ann.
§
												69-19-9,
						  §
												69-25-51,
						  to wit:
1. Made false or fraudulent
						claims through any media misrepresenting the effect of materials or methods to
						be used;
2. Operated in a faulty,
						careless or negligent manner or knowingly operated faulty or unsafe equipment
						in a manner as to cause damage to property or person;
3. Refused or, after notice, neglected to
						comply with the provisions of the Act, the regulations adopted thereunder or
						any lawful order of the commissioner;
4. Refused or neglected to keep and maintain
						records required by the Act or to make reports when required;
5. Made false or fraudulent records, invoices
						or reports;
6. Used fraud or
						misrepresentation in making application for a license or renewal of a
						license;
7. Aided or abetted any
						person in evading the provisions of the Act;
8. Allowed one's license to be used by an
						unlicensed person;
9. Impersonated
						any state or federal official;
10.
						Misrepresented for the purpose of deceiving or defrauding;
11. Made a false statement with knowledge of
						its falsity for the purpose of inducing others to act thereon to their
						detriment;
12. Performed work in a
						category covered by the Act for which the licensee does not hold a
						license;
13. When repeated
						inspections by Inspectors of the Bureau of Plant Industry reveal that the
						licensee is not performing services in a satisfactory manner;
14. Failed to register agents or
						solicitors;
15. Convicted in any of
						the courts of this state of a violation of the Act or these rules and
						regulations;
16. Failed to correct
						substandard work; or
17. Failed to
						renew the insurance that is required in Section 507 of this chapter.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Denial, Suspension or Cancellation of a License; Refusal to Issue or Renew Same › Section 2-1-3-11-505.02

Current through June 25, 2024
When a license has been canceled, the insurance
						  company shall be notified in writing.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Insurance › Section 2-1-3-11-506

Current through June 25, 2024
Before a license shall be issued or reissued to engage
						  in tree surgery, proof of insurance must be furnished on a form provided by the
						  Bureau. This insurance shall be conditioned as to insure against negligent or
						  careless acts. This insurance shall not be less than $100,000.00. No insurance
						  shall be accepted except from companies admitted to do business in Mississippi,
						  companies that are non-admitted but approved to do business in Mississippi, or
						  risk retention and purchasing groups registered by the Commissioner of
						  Insurance of Mississippi. Those currently licensed to perform tree surgery must
						  obtain the required insurance not to exceed twelve months.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Inspections; Records; Reporting; Contracts › Section 2-1-3-11-507

Current through June 25, 2024
Licensed operators shall keep complete and accurate
						  records of all work performed including copies of contracts issued for at least
						  two (2) years. Such records shall be available for examination by employees of
						  the Bureau during reasonable business hours.
Such records shall include location, kind of services
						  performed, date performed, materials used if there be any, and other
						  information as may be necessary for a complete record.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Identification; Licensed Operators; Employees; Equipment › Section 2-1-3-11-508.01 - Licensed Operators

Current through June 25, 2024
All licensed operators or owners of firms engaged in
						  tree surgery soliciting work or dealing with the public must be provided with
						  an identification card to be obtained from the Bureau. The licensee shall
						  submit an I.D. card application provided by the Bureau.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Identification; Licensed Operators; Employees; Equipment › Section 2-1-3-11-508.02 - Employees

Current through June 25, 2024
1. All employees of licensed operators who
						solicit business or otherwise represent the licensed operator in dealings with
						the public must be provided with a registered technician identification card to
						be obtained from the Bureau. An employee of a licensed operator considered as a
						laborer shall have a registered technician identification card or be
						accompanied by an employee who holds a valid registered technician
						identification card.
2. The
						licensed operator shall submit a registered technician identification card
						application provided by the Bureau requesting registered technician
						identification cards for his employees.
3. When a licensed operator or an employee
						resigns or is discharged, the licensee shall return the license or registered
						technician identification card to the Bureau for cancellation.
4. The registered technician identification
						card shall be in the possession of the licensed operator and his employees at
						all times when performing work or soliciting business and will be presented on
						request to the person or persons for whom business is performed or
						solicited.
5. The registered
						technician identification card will not be issued to any person who has been
						employed by another licensed operator until his previous card has been returned
						to the Bureau for cancellation.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Identification; Licensed Operators; Employees; Equipment › Section 2-1-3-11-508.03 - Equipment

Current through June 25, 2024
All vehicles used by persons engaged in professional
						  services covered by the Act and these regulations shall be marked for easy
						  identification to include the company name and license
						  number.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Bonafide Employee › Section 2-1-3-11-509

Current through June 25, 2024
Services or work performed under any section of these
						  regulations must be performed only by the licensee or his bonafide
						  employees.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Effective Date › Section 2-1-3-11-510

Current through June 25, 2024
These changes will become effective after adoption by
						  the Commissioner, approval of the Advisory Board and appropriate filing with
						  the Secretary of State.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 05 - Regulations Governing Tree Surgeons › Waiver › Section 2-1-3-11-511

Current through June 25, 2024
The Bureau, in cases of natural disaster, may waive
						  any and all provisions of this chapter.
Miss. Code Ann
. §
														69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 06 - Regulations Governing Soil Classifying Work › Definitions › Section 2-1-3-11-06-600

Current through June 25, 2024
For the purpose of these regulations, the following
						  words, names and terms shall be construed within the meaning and purpose of
Miss. Code Ann
Sections
						  69-19-1
						  through
						  69-19-11.
1. "Act" shall mean
Miss. Code
						Ann
Sections
						69-19-1
						through
						69-19-11.
2. "Bonafide Employee" shall be a person who
						receives all or part of his salary, pay or commission from a licensee or the
						company employing a licensee and whose salary, pay or commission is regularly
						reported by the licensee or the company employing a licensee under the Federal
						Social Security and/or income tax laws. A bonafide employee must be under the
						direct supervision of a license holder.
3. "Soil Classifying Work" shall mean
						receiving compensation for plotting the boundaries of soils and describing and
						evaluating the kinds of soil as to their behavior and response to management
						under various uses.
4.
						"Commissioner" shall mean the commissioner of the Mississippi Department of
						Agriculture and Commerce.
5.
						Competent" shall mean a person who is capable of performing the various
						functions associated with soil classifying; the degree of capability required
						being directly related to the nature of the activity and the associated
						responsibility.
6. "Soil
						Classifier" shall mean a person skilled in plotting the boundaries of soils and
						describing and evaluating the kinds of soil as to their behavior and response
						to management under various uses.
7. "Division" shall mean the Division of
						Plant Industry of the Mississippi Department of Agriculture and Commerce
						created under the provision of Section
						69-25-3,
						Mississippi Code 1972.
8. "Division
						of Plant Industry Advisory Board" shall mean the advisory board created by
Miss. Code Ann
Section
						69-25-3.
9. "Executive Secretary and/or State
						Entomologist" shall mean the executive secretary and/or state entomologist of
						the Division of Plant Industry, Mississippi Department of Agriculture and
						Commerce as set forth in
Miss. Code Ann
Section
						69-25-5.
10. "License" shall mean a document issued by
						the Division which indicates that a person has met the requirements set forth
						in the Act and these rules and regulations to receive fees for services as
						indicated on said document.
11.
						"Person" shall mean any individual, partnership, corporation, association,
						company or organized group of persons whether incorporated or not.
12. "Professional Services" shall mean
						receiving fees for performing various functions associated with soil
						classifying work.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 06 - Regulations Governing Soil Classifying Work › Persons Required To Secure a License › Section 2-1-3-11-06-601

Current through June 25, 2024
Soil Classifiers must secure a license from the
						  Division of Plant Industry, Mississippi Department of Agriculture and Commerce
						  in accordance with Sections
						  69-19-1
						  through
						  69-19-9,
						  Mississippi Code 1972. No person shall advertise in any manner to render
						  professional services or solicit business within the meaning of the Act without
						  first obtaining a license.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 06 - Regulations Governing Soil Classifying Work › License Application; Qualifications › Section 2-1-3-11-06-602

Current through June 25, 2024
Application for license shall be submitted on a
						  regular form furnished by the Division, in time to be approved ten (10) days
						  prior to regular scheduled examinations. The applicant shall furnish the name
						  of one (1) reference as to his character and names of two (2) professional soil
						  classifiers having personal knowledge of his soil classifying experience. No
						  application for a license shall be accepted unless the applicant shall furnish
						  written proof that he has one year's experience in the field of soil
						  classifying in the last five (5) years and that he meets one of the following
						  requirements; provided that in extraordinary cases these requirements may be
						  waived by the Professional Soil Classifiers Advisory Committee.
1. Must have a Bachelor of Science degree in
						a soil science curriculum from an accredited college or university with at
						least 15 semester hours or the equivalent in soil science, and 30 semester
						hours or the equivalent in related agricultural, natural resources, or land use
						planning courses.
2. Must hold a
						license for the practice of soil classifying on the basis of comparable
						qualifications issued to him by a proper authority of another state,
						possession, or territory of the Unites States and, in the opinion of the
						Division, meets the requirements of these regulations.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 06 - Regulations Governing Soil Classifying Work › Examinations; License; Categories › Section 2-1-3-11-06-603.01

Current through June 25, 2024
Each person required to secure a license in accordance
						  with the Act shall be examined as follows: When the firm is under the control
						  of one person who is solely responsible for the work, this person alone shall
						  be required to pass the examination. When more than one person is responsible
						  then each shall be required to pass the examination.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 06 - Regulations Governing Soil Classifying Work › Examinations; License; Categories › Section 2-1-3-11-06-603.02

Current through June 25, 2024
The applicant shall take an examination which shall be
						  written and, in general, cover the subject of the professional services
						  designated in the application. The examination may be waived if the applicant
						  is already licensed to perform the same professional services in a state with
						  standards equal to those of Mississippi.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 06 - Regulations Governing Soil Classifying Work › Examinations; License; Categories › Section 2-1-3-11-06-603.03

Current through June 25, 2024
Examination Dates:
Examinations shall be given once each quarter at Mississippi State,
						  Mississippi. The dates for written examinations shall be the second Tuesday in
						  each quarter of the calendar year. Applicants not passing the examination may
						  take it on the next regularly scheduled examination date.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 06 - Regulations Governing Soil Classifying Work › Issuance of License › Section 2-1-3-11-06-604

Current through June 25, 2024
If the qualifications and other requirements of the
						  applicant are satisfactory, the Division shall issue a license which shall
						  expire three years (36 months) from the date of issue.
Miss. Code Ann.
						  §
													69-19-1.