reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 901 - Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors › Chapter 18 - DISCIPLINARY ACTIONS › Rule 30-901-18.9 - Disciplinary Hearings

Current through June 25, 2024
1. Conduct of
				Hearing
a. Hearing Examiner - The Board may,
				in its discretion, appoint some person to act as hearing officer at
				disciplinary hearings. In the event a hearing officer is appointed, such
				officer shall preside at the hearing and shall rule on all questions of
				evidence and procedure in accordance with the provisions of these rules.
b. Plea - The accused shall either
				admit or deny the charges set forth in the complaint.
c. Opening Statement - Each side shall be
				permitted to make a short opening statement.
d. Form of Hearing - The Board shall present
				its evidence, followed by the accused, followed by such rebuttal as may be
				necessary and proper. Each witness called may be examined in the following
				manner:
Direct examination Cross examination Re-direct examination
				  Re-cross examination
e.
Closing Statement -
Each side shall be permitted to make a short
				closing statement summarizing the evidence presented and urging the application
				of relevant Law to the evidence presented.
f. Proposed Order - The Board may request one
				or both parties to submit within seven days for the Board's consideration a
				proposed order of the Board including findings of fact and conclusions of Law,
				a copy of which the submitting party shall mail to the other party. Underlying
				facts of record which support the findings should be cited. If the submitting
				party desires a written transcript of the hearing for the purpose of preparing
				such proposed order, that party must request same and pre-pay the cost of
				postage and the reasonable cost of transcription. In such event, the Board may
				request the proposed order to be submitted within ten days of the mailing of
				the transcript.
g. Order - The
				Board shall issue an order not more than ninety days after the close of the
				hearing, which shall include findings of fact and conclusions of Law, stated
				separately. The accused shall be forwarded a copy of the order by certified or
				licensed mail, return receipt requested, and a copy shall be forwarded by first
				class mail to each attorney of record.
h. Evidence - The Mississippi Rules of
				Evidence shall be used as a general guide for the presentation of evidence,
				however any evidence which reasonably appears to be relevant to the issues of
				the case may be allowed notwithstanding its inadmissibility under said Rules,
				unless the evidence offered is clearly of a privileged nature.
i. Procedure - The Mississippi Rules of Civil
				Procedure shall be used as a general guide for the conduct of the proceedings,
				however formal adherence to said Rules shall not be mandated except as may be
				reasonably required to promote the ends of
				justice.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 901 - Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors › Chapter 18 - DISCIPLINARY ACTIONS › Rule 30-901-18.10 - Discipline

Current through June 25, 2024
Upon a finding that the accused has violated any enumerated
				  provision of Title 73, Chapter 13 or any rule adopted pursuant to Title 73,
				  Chapter 13, the Board may censure; reprimand; admonish; require the completion
				  of a course in ethics and/or additional education as approved by the Board;
				  fine the accused; and/or revoke or suspend the accused's licensure to practice
				  as a Professional Engineer and/or Professional Surveyor or enrollment as an
				  Engineer Intern or Surveyor Intern.
The Board may, in its discretion, temporarily stay the
				  execution of its order conditioned upon any provision the Board deems just and
				  proper under all the circumstances of each case. In determining whether a
				  licensure or enrollment should be revoked or suspended, and whether execution
				  of the order should be stayed, and upon what conditions, the Board may consider
				  all relevant factors, including, but not limited, to the following:
a. the severity of the
				violation(s);
b. the actual or
				possible danger to the public resulting from the accused's past and present
				violation(s);
c. the actual damage
				resulting from the accused's past and present violation(s);
d. the number of past repetitions of the
				accused's present violation(s);
e.
				the length of time since the occurrence of the accused's present
				violation(s);
f. the number and
				seriousness of previous violations;
g. the length of time the licensee has
				practiced;
h. the deterrent effect
				of the penalty imposed;
i. the
				effect of the penalty upon the accused's livelihood;
j. any efforts of rehabilitation;
				and
k.any other mitigating or
				aggravating circumstances.
Miss. Code Ann. §
										73-13-15
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 901 - Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors › Chapter 18 - DISCIPLINARY ACTIONS › Rule 30-901-18.11 - Costs

Current through June 25, 2024
The Board may, in its discretion, assess and tax all actual
				  costs incurred in a disciplinary hearing against any accused found guilty
				  hereunder, or the charging party, or both.
Miss. Code Ann. §
										73-13-15
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 901 - Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors › Chapter 18 - DISCIPLINARY ACTIONS › Rule 30-901-18.12

Current through June 25, 2024
Any person aggrieved by the action of the Board as a result
				  of disciplinary proceedings conducted hereunder may appeal therefrom as
				  provided for in Section
				  73-13-37(10)
				  Mississippi Code Annotated (1972).
Miss. Code Ann. §
										73-13-15
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 901 - Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors › Chapter 19 - REINSTATEMENT OF LICENSURE OR CERTIFICATION AFTER REVOCATION › Rule 30-901-19.1 - Application for Reinstatement

Current through June 25, 2024
Any person whose licensure or enrollment has been revoked
				  may not apply to the Board for reinstatement of the licensure or enrollment
				  until two years have elapsed since the final, effective date of revocation,
				  except a person convicted of a crime of moral turpitude in which case five
				  years shall have elapsed since the final effective date of revocation and the
				  person's civil rights shall have been restored. In the application for
				  reinstatement, the application should state why the licensure or enrollment
				  should be reinstated. Applicant must include in the application evidence that
				  the current requirements for licensure or enrollment have been met and that the
				  applicant is in good standing with the Board.
Miss. Code Ann. §
										73-13-15
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 901 - Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors › Chapter 19 - REINSTATEMENT OF LICENSURE OR CERTIFICATION AFTER REVOCATION › Rule 30-901-19.2 - Board Action

Current through June 25, 2024
Upon receipt of such application, the Board shall grant a
				  hearing on reinstatement, at which time the applicant may appeal to the Board
				  for reinstatement of the licensure or enrollment.
Miss. Code Ann. §
										73-13-15
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 901 - Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors › Chapter 20 - SEVERABILITY › Rule 30-901-20.1

Current through June 25, 2024
If for any reason any section, paragraph, clause or part of
				  these Rules and Regulations of Procedure shall be held unconstitutional, or
				  invalid, that fact shall not affect or destroy any other section, paragraph,
				  clause or part of any rule or regulation not in and of itself invalid, but the
				  remaining portion hereof shall be in force without regard to that so
				  invalidated.
Miss. Code Ann. §
										73-13-15
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 901 - Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors › Chapter 21 - STANDARDS OF PRACTICE FOR SURVEYING › Rule 30-901-21.1

Current through June 25, 2024
Whenever a survey is performed, it shall comply with Section
				  73-13-71(4)
				  and Section
				  73-13-73
				  and the Standards of Practice for Surveying in Mississippi as described below.
				  Types of surveys shall include, but not be limited to the following as
				  described:
1.
Boundary Survey,
				Route Survey, Easement Survey, and Lease Survey
shall mean a survey, the
				primary purpose of which includes, but is not limited to, determining the
				perimeters of a parcel or tract of land by establishing or re-establishing
				corners, and monuments, for the purposes of describing, platting or dividing
				the parcel and preparing a description(s) of the parcel of land. If an easement
				is performed in conjunction with a boundary survey, lying adjacent and
				parallel, monumentation is not required. In the event that an easement survey
				is performed independent of a boundary survey, monumentation is required.
2.
Topographic Survey
shall mean a survey of the natural and selected man-made features of a part of
				the earth's surface by ground measurements or remote sensing to determine
				horizontal and vertical spatial relations.
3.
Hydrographic Survey
shall
				mean a survey having for its principle purpose the determination of data
				relating to bodies of water and which may consist of the determination of one
				or several of the following classes of data: depth of water and configuration
				of bottom, directions and force of current, water stages, and location of fixed
				objects for survey and navigation purposes.
4.
Construction Survey
shall
				mean the measurements made to control elevation, horizontal position and
				dimensions, and configuration, prior to or while construction is in progress.
Miss. Code Ann. §
										73-13-15
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 901 - Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors › Chapter 21 - STANDARDS OF PRACTICE FOR SURVEYING › Rule 30-901-21.2

Current through June 25, 2024
Attesting to Quality and Responsibility for Surveys
To provide the client with the assurance that the work was
				  performed under the direct supervision of a licensee, and was performed to a
				  certain standard, documentation shall be sealed and signed by the licensee in
				  responsible charge, including, but not limited to, the following:
1. When a boundary, route, easement, or lease
				survey is performed, a plat shall be prepared and the plat shall bear the seal
				and signature of the Professional Surveyor in responsible charge.
2. When a topographic survey, hydrographic
				survey or construction survey is performed at the request of a client, any
				plat, map or report that is the final product of that licensee for that project
				shall be sealed and signed by the Professional Surveyor or the Professional
				Engineer in responsible charge. If a topographic survey, hydrographic survey or
				construction survey is performed by a licensee to obtain data to be used by
				that licensee to perform calculations or to be incorporated into a final
				product of that project, then the final product of that project shall be sealed
				and signed by the Professional Surveyor or the Professional Engineer in
				responsible charge.
Miss. Code Ann. §
										73-13-15
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 901 - Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors › Chapter 21 - STANDARDS OF PRACTICE FOR SURVEYING › Rule 30-901-21.3

Current through June 25, 2024
The boundary, route, easement, and lease survey plat shall
				  conform to the following requirements and shall include the following
				  information:
a. The plat shall be
				displayed on any reasonably stable and durable drawing paper, vellum, linen, or
				film of reproducible quality. No plat or map shall have dimensions of less than
				8 1/2 x 11 inches.
b. The plat
				shall show the scale, area, and classification of the survey (A, B, C or D).
				These classifications are based upon both the purposes for which the property
				is being used at the time the survey is performed and any proposed developments
				which are disclosed by the client. This classification must be based on the
				criteria in Appendix A, and the survey must meet the minimum specifications set
				forth in Appendix B. Scale shall be sufficient to show detail for the
				appropriate classification.
c. The
				reference meridian used to conduct the survey shall be stated on the survey
				plat. A definitive north arrow shall be shown on the plat. All surveys will be
				referenced to a true meridian by accepted methods with the following
				exceptions:
(a) those used in existing
				subdivisions;
(b) those shown on
				city or town plats; or,
(c) those
				shown on a previous survey when the current survey is a division of said
				previous survey and enough monumentation is available to establish the original
				orientation. If Global Positioning System equipment is used to obtain the
				reference meridian, it shall be stated on the plat whether the bearings are
				grid or geodetic. If any published horizontal control stations are occupied
				during the survey, they shall be listed on the plat and the horizontal datum
				used shall be listed on the plat. If a meridian established by the compass is
				used, the compass must be properly declinated and adjusted to a True Meridian.
				Regardless of the meridian used, the survey must be referenced to a well
				defined line, group of monuments, reference points, etc. of a normally assumed
				permanent nature so the orientation of the survey can be re-established. This
				reference line and its relation to the meridian used must be clearly shown on
				the survey plat.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 901 - Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors › Chapter 21 - STANDARDS OF PRACTICE FOR SURVEYING › Rule 30-901-21.4 - Enforcement

Current through June 25, 2024
Licensees failing to meet these standards of practice will
				  be subject to appropriate disciplinary action by the Licensure Board.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 901 - Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors › Chapter 21 - STANDARDS OF PRACTICE FOR SURVEYING › Appendix 30-901-21-A - Classification of Surveys

Current through June 25, 2024
A.
Class A Surveys -
Surveys of extensively
				  developed and expensive properties which require maximum surveying accuracy.
				  This includes, but is not limited to, surveys of urban business district
				  properties and highly developed commercial properties.
B.
Class B Surveys -
Surveys of properties
				  which are subject to costly improvements and justify a high degree of surveying
				  accuracy. This includes, but is not limited to, surveys of commercial
				  properties and higher priced residential properties located outside urban
				  business districts and highly developed commercial areas.
C.
Class C Surveys -
Surveys of residential and
				  surrounding areas which are apt to increase rapidly in value. This includes,
				  but is not necessarily limited to, surveys of residential areas which cannot be
				  classified as Class A or Class B surveys
D.
Class D Surveys -
Surveys of all remaining
				  properties which cannot be classified as Class A, B, or C surveys. This
				  includes, but is not limited to, surveys of farm lands and rural areas.
Miss. Code Ann.§
										73-13-15
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 901 - Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors › Chapter 21 - STANDARDS OF PRACTICE FOR SURVEYING › Appendix 30-901-21-B

Current through June 25, 2024
CONDITION
D
C
B
A
Rural
Suburban
Urban
Urban Business District
Remarks and Formula
Unadjusted
Closure (Minimum)
1:2000
1:5000
1:7500
1:10000
Loop or between Control Monuments
Angular
Closure
(Minimum)
60" [TICK]
N
30" [TICK] N
25" [TICK]
N
15" [TICK]
N
N=Number of Angles in Traverse
Accuracy of Bearing
± 5 Min.
± 3 Min.
± 2 Min.
± 1 Min.
Relative to Source
Accuracy of Distances
0.10
ft.
+200
ppm
0.07 ft. +150 ppm
0.05
ft.
+100
ppm
0.03
ft.
+50
ppm
100 ppm = 1:10000
Elevations for
Boundaries
Controlled by
Tides,
Contours,
Rivers, etc.
Accurate to:
± .30 ft.
± .20 ft.
±.10 ft.
± .05 ft.
Based on NGVD/NAVD
Location of
Improvements
Structures,
Paving, etc.
(Tie
Measurement)
± 2.0 ft.
± 1.0 ft.
± .2 ft.
± .1. ft.
Miss. Code Ann. §
										73-13-15
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 901 - Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors › Chapter 22 - CHANGES OR AMENDMENTS TO RULES › Rule 30-901-22.1

Current through June 25, 2024
Changes or amendments to these rules will be made as deemed
				  necessary by the Board and will be adopted in accordance with the
				  Administrative Procedures Act of the State of Mississippi.
Miss. Code Ann. §
										73-13-15
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 901 - Rules and Regulations of the Mississippi Board of Licensure for Professional Engineers and Surveyors › Chapter 23 - CONTINUING PROFESSIONAL COMPETENCY › Rule 30-901-23.1

Current through June 25, 2024
1. Introduction
a. The purpose of the continuing professional
				competency requirement (CPC) is to insure a continuing level of competency of
				Professional Engineers and/or Professional Surveyors in their respective fields
				of engineering and/or surveying practice.
b. Every licensee shall meet the continuing
				professional competency requirements of these regulations for professional
				development as a condition for licensee renewal.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 1 - Organization, purpose, and operation of the Board › Rule 30-1001-1.1 - Composition of the Board

Current through June 25, 2024
The Mississippi State Board of Registration for Foresters
				  (hereinafter "the Board") is an agency of the State of Mississippi, composed of
				  seven (7) members appointed by the Governor with the advice and consent of the
				  Mississippi Senate. Serving five (5) year terms, each registered forester, as
				  defined by
Miss. Code Ann. §
										73-36-11
and having a
				  minimum of three (3) years' experience in such field, is appointed to the Board
				  from each of the six (6) forestry commission districts, while one registered
				  forester, having a minimum of three (3) years' experience, is appointed as an
				  at-large member of the Board. The State Forester serves as an
ex
				  officio
member.
The Board was created to benefit and protect the public and
				  the forest resources of the State by regulating the practice of forestry and,
				  unless otherwise exempted by Miss. Code Ann. §§
									76-36-5 and
				  73-36-7, requiring persons
				  practicing or offering to practice forestry be lawfully registered to do
				  so.
Miss. Code
				  Ann. §§
										73-36-9 and
				  73-36-19(1)(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 1 - Organization, purpose, and operation of the Board › Rule 30-1001-1.2 - Official Seal

Current through June 25, 2024
Pursuant to Miss. Code Ann. §
									73-36-13, the official seal of the
				  Board is as follows:
Click
				  Here To View Image
Miss. Code
				  Ann. §§
										73-36-13 and
				  73-36-19(1)(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 1 - Organization, purpose, and operation of the Board › Rule 30-1001-1.3 - Duties of Officers

Current through June 25, 2024
The
Chair
shall be the executive officer of the
				  Board. When present, the Chair shall preside at all meetings. He or she shall
				  appoint such committees as the Board may authorize from time to time. The Chair
				  shall sign all certificates, the Annual Report to the Governor, and all other
				  official documents. In the absence of a Secretary or Executive Secretary, the
				  Chair shall sign checks. He or she shall perform all other duties usually
				  pertaining to the office of Chair and as permitted by Law.
The
Vice-Chair,
in the absence of the Chair,
				  shall perform the duties delegated to the Chair except only the Chair shall
				  sign certificates, checks and the Annual Report to the Governor.
The
Secretary
shall record the minutes of each
				  board meeting and conduct correspondence in the name of the Board except that
				  performed by the Chair or delegated to the Executive Secretary. The Secretary
				  shall perform those other duties as prescribed by statute.
Miss. Code
				  Ann. §
										73-36-19(1)(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 1 - Organization, purpose, and operation of the Board › Rule 30-1001-1.5 - Executive Secretary

Current through June 25, 2024
The Board shall hire an Executive Secretary who shall be
				  responsible for the processing of routine operations and shall accept service
				  of process as the Board's designated registered agent. The duties of the
				  Executive Secretary shall be as determined by the Board.
As an executive officer, the Executive Secretary shall serve
				  at the pleasure of the Board. In the absence of an Executive Secretary, the
				  Chair and Secretary shall assume the duties of the Executive Secretary.
All correspondence and submissions to the Board, including
				  requests for information, shall be addressed to the Executive Secretary at the
				  Board's office:
Executive Secretary
Mississippi State Board of Registration for Foresters
P.O. Box 1884
Jackson, Mississippi 39215-1884
Miss. Code
				  Ann. §
										73-36-19(1)(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 1 - Organization, purpose, and operation of the Board › Rule 30-1001-1.6 - Vacancies

Current through June 25, 2024
If a vacancy shall occur in the membership of the Board, the
				  Chair and the Secretary shall prepare a notice to the Governor asking for
				  appointment of a new member to fill the unexpired term. If the vacancy occurs
				  in the office of the Chair, the Vice-Chair and the Secretary shall prepare the
				  notice to the Governor. Such notice shall include recommendations for nominees
				  for the Governor's consideration for appointment to the Board.
If a vacancy occurs in any office, the Board will elect a new
				  officer during any regular meeting of the Board to fill the unexpired portion
				  of the term of office,
Miss. Code
				  Ann. §§
										73-36-9 and
				  73-36-19(1)(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 1 - Organization, purpose, and operation of the Board › Rule 30-1001-1.7 - Notice of Meeting

Current through June 25, 2024
The last item of business on the agenda for each regular
				  Board meeting shall be to schedule the date, time, and place of the next
				  regular Board meeting. Each Member shall be mailed and e-mailed notice of the
				  date, time, and place of the next regular meeting to his/her mailing address
				  and e-mail address on record at least five (5) working days prior to the date
				  of the scheduled meeting by the Executive Secretary. Notice shall be published
				  and posted in accordance with applicable Mississippi law to afford proper
				  public notice.
Miss. Code
				  Ann. §§
										73-36-15,
				  73-36-19(1)(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 1 - Organization, purpose, and operation of the Board › Rule 30-1001-1.8 - Meetings and Attendance

Current through June 25, 2024
A. Board members
				shall attend all regular and special meetings unless prevented from doing so by
				reason of court order, subpoena, and such other business with a court, the
				death of a family member, or illness of the Board member or the member's
				immediate family. An absence for any other reason constitutes an unexcused
				absence.
1. "Immediate family" shall mean the
				spouse, children, parents, siblings, grandchildren, and grandparents, related
				by blood or marriage.
2. "Family"
				shall mean the immediate family in addition to nieces, nephews, aunts, uncles,
				and cousins, related by blood or marriage.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 1 - Organization, purpose, and operation of the Board › Rule 30-1001-1.9 - Order of Business

Current through June 25, 2024
The order of business at all regular and special meetings
				  shall be conducted in accordance with the Board's Agenda. No later than five
				  (5) business days prior to the date of the next scheduled meeting, any Board
				  Member may request items and/or issues to be placed upon the Agenda for the
				  Board's review, consideration and/or vote. The Executive Secretary shall
				  prepare a draft Agenda at least two (2) business days prior to any scheduled
				  meeting for review of all Board Members. The final Agenda shall be adopted by
				  formal Board action during each regular and special meeting.
Miss. Code
				  Ann. §
										73-36-19(1)(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 1 - Organization, purpose, and operation of the Board › Rule 30-1001-1.10

Current through June 25, 2024
Robert's Rules of Order, as revised
shall govern
				  the proceedings of the Board.
Miss. Code
				  Ann. §
										73-36-19(1)(a)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 1 - Organization, purpose, and operation of the Board › Rule 30-1001-1.11 - Open Meetings

Current through June 25, 2024
In compliance with the Open Meetings Act, members of the
				  public are welcome to attend all meetings of the Board. The Board has adopted
				  the following rules of conduct for members of the public who attend a meeting
				  of the Board.
A. Members of the public
				are requested to register with the Executive Secretary at least ten (10)
				business days prior to the scheduled meeting they wish to attend. If a member
				of the public has not registered prior to the meeting, they are requested to
				register with the Executive Secretary upon entry to the meeting area. Organized
				groups must have one (1) designated spokesperson.
B. Upon request and recognition of the Board
				Chair, an individual or spokesperson may be recognized to address the Board for
				ten (10) minutes, unless such time is extended by the Chair.
C. As prescribed by law, members of the
				public are not allowed to attend meetings of the Board when in Executive
				Session. All members of the public will be asked to leave the meeting area and
				allowed to return only when so advised by the Board Chair.
D. Members of the public are expected to
				conduct themselves in a calm, courteous and professional manner.
E. Any member of the public who does not
				comply with these rules will be dismissed from the meeting.
Miss. Code
				  Ann. §§
										73-36-19(1)(a)
				  and 25-41-1 et
				  seq
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 2 - Public Records Requests

Current through June 25, 2024
Excluding records exempted under Mississippi law, the Board
				responds to public records requests pursuant to the Mississippi Public Records
				Act of 1983, Miss. Code Ann. §
								25-61-1,
et seq
.
				in accordance with the following procedures:
A. Requests for public records must be made
			 in writing and submitted to the Mississippi Board of Registration for Foresters
			 by mail to the attention of "Requests for Public Records," at Post Office Box
			 1884, Jackson, MS 39215-1884.
B. A
			 request for a public record should describe in reasonable detail the records
			 sought and, if possible, include a clear and concise description of the record
			 desired including pertinent information such as names, date, etc. that may aid
			 the Board in locating the requested record(s).
1. The Board has no duty to create a record
			 to respond to a public records request.
2. A public records request is one for an
			 identifiable record and is not a request for information.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 3 - Declaratory Opinions › Rule 30-1001-3.1 - Subjects Which May Be Addressed by Declaratory Opinions

Current through June 25, 2024
The Board will issue declaratory opinions regarding the
				  applicability of specified facts to a statute administered or enforceable by
				  the Board, a rule promulgated by the Board, or an order issued by the Board.
				  The Board will not issue a declaratory opinion regarding a statute, rule, or
				  order which is beyond the primary jurisdiction of the Board.
"Primary jurisdiction" means:
1. The Board has a constitutional grant of
				authority in the subject matter,
2.
				The Board has a statutory grant of authority in the subject matter,
3. The Board has issued specific regulations
				impacting upon the subject matter, or
4. The Board has issued a specific order or
				orders impacting upon the subject matter.
Miss. Code
				  Ann.§
										25-43-2.103(2)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 3 - Declaratory Opinions › Rule 30-1001-3.2 - Scope of Declaratory Opinion Request

Current through June 25, 2024
A request shall be limited to a single transaction or
				  occurrence.
Miss. Code
				  Ann.§
										25-43-2.103(2)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 3 - Declaratory Opinions › Rule 30-1001-3.3 - Form of the Request for a Declaratory Opinion

Current through June 25, 2024
When a person with substantial interest, as required by
				  Section 25-43-2.103 of the Administrative
				  Procedures Act, requests a declaratory opinion, the requestor must submit a
				  printed, typewritten, or legibly handwritten request on standard letter-size
				  white paper (8 1/2" x 11").
A. The
				request shall be in the form of a letter addressed to the Board or in the form
				of a pleading as if filed with a Court.
B. All requests must be mailed to Post Office
				Box 1884, Jackson, MS 39215-1844 or hand-delivered to the Board's office. Oral
				and/or telephone requests for a declaratory opinion will not be
				accepted.
C. Each request shall
				include the full name, telephone numbers, e-mail address(es) and mailing
				address of the requestor(s).
D. 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.
E. Each request and its correspondence
				envelope, if any, shall clearly state it is a request for a declaratory
				opinion.
Miss. Code
				  Ann.§
										25-43-2.103(2)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 3 - Declaratory Opinions › Rule 30-1001-3.4 - 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, complete, and accurate statement of relevant facts and that
				  there are no related proceedings pending before any agency, administrative, or
				  judicial tribunal.
Miss. Code
				  Ann.§
										25-43-2.103(2)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 3 - Declaratory Opinions › Rule 30-1001-3.5 - Request Content Requirement

Current through June 25, 2024
Each request shall contain the following:
A. A clear identification of the statute,
				rule, or order at issue,
B. A
				concise statement of the issue or question presented for the declaratory
				opinion,
C. A clear and concise
				statement of all facts relevant to the question presented,
D. 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, e-mail address(es)
				and telephone number, and
E. A
				statement sufficient to show that the requestor has a substantial interest in
				the subject matter of the request.
Miss. Code
				  Ann.§
										25-43-2.103(2)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 3 - Declaratory Opinions › Rule 30-1001-3.6 - Submission of Proposed Opinion and Memorandum

Current through June 25, 2024
The terms of a proposed opinion may be submitted to the Board
				  together with a request for a declaratory opinion. The request likewise may
				  contain an argument by the requestor in support of those terms of the proposed
				  opinion. The argument may be submitted in the form of a memorandum of
				  authorities, containing a full discussion of the reasons, including legal
				  authorities, in support of such position of the requestor. The Board also may
				  request an argument and memorandum of authorities be submitted by any
				  interested party.
Miss. Code
				  Ann.§
										25-43-2.103(2)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 3 - Declaratory Opinions › Rule 30-1001-3.8 - 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 Board shall, in writing:
A. Issue
				an opinion declaring the applicability of the statute, rule, or order to the
				specified circumstances,
B. Agree
				to issue a declaratory opinion by a specified time but no later than ninety
				(90) days after receipt of the written request, or
C. Decline to issue a declaratory opinion,
				stating the reason(s) for its refusal.
The forty-five (45) day period shall begin on the first
				  business day after which the request is received by the Board.
Miss. Code
				  Ann.§
										25-43-2.103(2)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 3 - Declaratory Opinions › Rule 30-1001-3.9 - Final Opinion

Current through June 25, 2024
A declaratory opinion shall not become final until the
				  expiration of sixty (60) days after the issuance of the opinion. Prior to the
				  expiration of the sixty (60) days, the Board may, in its discretion, withdraw
				  or amend the declaratory opinion for any reason which is not arbitrary or
				  capricious.
Miss. Code
				  Ann.§
										25-43-2.103(2)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 3 - Declaratory Opinions › Rule 30-1001-3.10 - 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. Declaratory opinions and requests which
				  contain confidential information or information which is 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.§
										25-43-2.103(2)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 4 - Registration and Licensure › Rule 30-1001-4.1 - Application

Current through June 25, 2024
A. A person seeking registration as a
				Mississippi forester must complete an application on a printed form made
				available on the Board's website located at
https://www.borf.ms.gov/application
,
				or as may be otherwise provided by the Board. Where space on the form does not
				permit an applicant to adequately describe his/her record of experience or
				practice, the applicant may provide supplementary sheets of 8 ½" x 11"
				white paper. Such additional sheets shall be printed on one side only and shall
				be signed and dated by the applicant. Applications must be clearly typed in
				black ink.
B. Each application must
				be accompanied by the applicant's college transcript.
C. Five (5) references must be submitted with
				each application. Each reference must complete the reference form as provided
				by the Board on its website located at
https://www.borf.ms.gov/application
.
				Three (3) of the five (5) references must be provided by registered foresters.
				All reference information will be kept confidential.
D. Applications shall be sworn to and
				subscribed before a Notary Public, or such other person authorized to
				administer the oath. Applications for registration of students who present for
				the forestry examination while enrolled at a Mississippi college or university
				may be witnessed by the Dean or the Dean's authorized representative, in lieu
				of an acknowledgement of a notary public or such other person authorized to
				administer the oath.
E. Completed
				applications, with all necessary attachments, enclosures, and application fee,
				shall be mailed to the Board at Post Office Box 1884, Jackson, MS
				39215-1844.
F. An application not
				properly completed, not containing all required information, or not accompanied
				by the required fee will be returned to the applicant with a statement
				specifying the reason(s) for the application's return.
Miss. Code
				  Ann. §§
										73-36-19(1)(a)
				  and 73-36-23
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 4 - Registration and Licensure › Rule 30-1001-4.2 - Registration Pursuant to the Universal Recognition of Occupational Licenses Act

Current through June 25, 2024
Mississippi residents seeking registration pursuant to the
				  Universal Recognition of Occupation Licenses Act,
Miss. Code Ann.
				  §§
										73-50-2
,
et
				  seq
., may complete an abbreviated application available to qualifying
				  applicants. This application, entitled "universal application," is available on
				  the Board's website located at
https://www.borf.ms.gov/application
or as otherwise may be made available by the Board.
A. Excluding the provision of references and
				a college transcript, the remaining requirements of Rule
				4.1 are applicable to the completion
				of the universal application.
B.
				Each universal application shall be accompanied by a copy of the applicant's
				current and valid, out-of-state license to practice forestry or such other
				occupation having a similar scope of practice, if applicable.
C. If the applicant previously worked in a
				state which does not require or issue a license to practice forestry or such
				other occupation having a similar scope of practice, the universal application
				must contain sufficient information regarding the applicant's work experience
				in the field of forestry or other field for no fewer than three (3)
				years.
D. Proof of residency must
				be submitted with the completed universal application.
Proof of residency includes, but is not limited to, a copy of
				  a state-issued identification card, documentation of current home ownership or
				  lease of a residence in Mississippi, documentation of current in-state
				  employment, current Mississippi residential utility bill which contains the
				  applicant's name and current address or any other verifiable documentation
				  which may evidence residence.
E. For applicants seeking licensure based
				upon practice or experience within a field having a similar scope of practice
				to forestry, it shall be within the Board's discretion to determine, on a
				case-by-case, whether the applicant's education, if any, and previous work
				experience within such field is of a scope similar to the practice of forestry.
				The Board also may request additional documentation, or the appearance of the
				applicant should the information provided by the application be insufficient
				for the Board to make its determination.
Miss. Code
				  Ann. §§
										73-36-19(1)(a)
				  and 73-50-2(12)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 4 - Registration and Licensure › Rule 30-1001-4.3 - Registration Pursuant to the Military Family Freedom Act

Current through June 25, 2024
Active members of the military, spouses and/or dependents of
				  an active member of the military, located in Mississippi, seeking registration
				  pursuant to the Military Family Freedom Act,
Miss. Code Ann.
				  §§
										73-50-1, et seq.
, may
				  complete an abbreviated application available to qualifying applicants. This
				  application, entitled "military application," is available on the Board's
				  website located at
https://www.borf.ms.gov/application
or as otherwise may be made available by the Board.
A. Excluding the provision of references and
				a college transcript, the remaining requirements of Rule
				4.1 are applicable to the completion
				of the military application.
B.
				Each military application shall be accompanied by a copy of the applicant's
				current and valid, out-of-state license to practice forestry or such other
				occupation having a similar scope of practice, or proof of the award of a
				military occupational specialty, completion of a military program of training,
				testing and/or experience performed in the occupational specialty.
C. If the applicant previously worked in a
				state which does not require or issue a license to practice forestry or such
				other occupation having a similar scope of practice, the military application
				must contain sufficient information regarding the applicant's work experience
				for no fewer than three (3) years.
D. For applicants seeking licensure based
				upon practice or experience within a field having a similar scope of practice
				to forestry, it shall be within the Board's discretion to determine, on a
				case-by-case basis, whether the applicant's education, if any, and previous
				work experience within the field is of a scope similar to the practice of
				forestry. The Board also may request additional documentation, or the
				appearance of the applicant if the information provided by the application is
				insufficient for the Board to make its determination.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 4 - Registration and Licensure › Rule 30-1001-4.4 - Application Fee

Current through June 25, 2024
Each new application for registration shall be accompanied by
				  an application fee in the amount of Fifty and No/100 Dollars ($50.00). This
				  application fee provides for the applicant's first examination and, if
				  necessary, second examination if completed within one (1) calendar year of the
				  date of the initial application.
Miss. Code
				  Ann. §§
										73-36-19(1)(a)
				  and 73-36-25
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 4 - Registration and Licensure › Rule 30-1001-4.5 - Examinations

Current through June 25, 2024
All applicants for registration must take a written
				  examination. The examination consists of one hundred (100) true/false or
				  multiple-choice questions, and applicants have a maximum of three (3) hours to
				  complete. Applicants must correctly answer at least seventy (70) questions to
				  pass the examination.
A. Written
				examinations are conducted at a time and place determined by the Board.
				Upcoming examination dates and locations are posted on the Board's website
https://www.borf.ms.gov
. An
				application must have been submitted to the Board before the applicant may take
				an examination.
B. Applicants shall
				abide by the examination administrator's policies and procedures.
C. Applicants may use any desired reference
				material while taking the examination but there shall be no talking or
				discussion with others. All electronic devices are prohibited in the
				examination room.
D. An applicant
				may be dismissed from the examination and subject to disciplinary action for
				misconduct including, but not limited to:
1.
				Cheating on the examination,
2.
				Giving assistance to, or receiving assistance from, another person,
3. Compromising the integrity of the
				examination,
4. Disruptive or
				abusive behavior, or
5.
				Participating in any form of violation of exam policies or procedures during an
				examination.
Examination results are provided by the Board to the
				  applicants by mail to the address as provided by the applicant within thirty
				  (30) days of the date of examination. Results may be sent to the applicant by
				  e-mail if a valid e-mail address was provided by the applicant.
Applicants may examine their completed and graded examination
				  at the office of the Board under the supervision of the Board's authorized
				  representative within thirty (30) days of receipt of their examination results.
				  Photocopies and pictures of the completed examination is prohibited. All
				  completed and graded examinations are destroyed ninety (90) days after each
				  examination date.