reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2302 - Rules of Procedure Adopted by the Mississippi State Board of Dental Examiners › Chapter 1 › Rule 30-2302-1.6 - DISCOVERY

Current through June 25, 2024
1. Upon written request by a Respondent or
				his counsel, the Board's Prosecutorial Counsel shall disclose and permit
				Respondent or his counsel to inspect, copy or photograph the following
				information and material, other than the complaint and related papers submitted
				in compliance with Rule 1.4.2. above, which is in the possession, custody, or
				control of the Board, or the existence of which is known to the Prosecutorial
				Counsel:
A. Names and addresses of all
				witnesses proposed to be called in Prosecutorial Counsel's case in chief,
				together with a copy of the contents of any statement, written, recorded, or
				otherwise preserved, of each such witness.
B. Copy of any written or recorded statement
				of Respondent and the substance of any oral statement made by the
				Respondent.
C. Copy of any criminal
				record of a Respondent, if proposed to be used.
D. Any written reports or statements of
				experts, if proposed to be offered as evidence in connection with the
				particular case.
E. All records,
				documents, physical evidence or photographs which may be offered as evidence in
				Prosecutorial Counsel's case-in-chief.
F. Any exculpatory material concerning the
				Respondent.
G. The Board shall
				charge a Respondent a reasonable fee, not to exceed 504 per copy, payable in
				advance of delivery of copied documents.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2302 - Rules of Procedure Adopted by the Mississippi State Board of Dental Examiners › Chapter 1 › Rule 30-2302-1.7 - AMENDMENT OF PLEADINGS

Current through June 25, 2024
1. The Board's
				Prosecutorial Counsel may amend a summons and complaint after being duly served
				upon Respondent at any time prior to the scheduled hearing date, provided, the
				amendment is for the purpose of correcting a clerical error or clarifying facts
				set forth in the complaint. A Notice of Hearing may be amended to add
				additional charges or counts provided the amended summons and complaint is
				served upon Respondent not less than thirty (30) days from the scheduled
				hearing date or by mutual agreement of the parties.
2. A Respondent may amend his answer as a
				matter of course at any time before the answer is due. Otherwise, a Respondent
				may amend his answer only by leave of the Board. Leave shall be freely given
				when justice so requires.
Miss. Code Ann. §
										73-9-19.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2302 - Rules of Procedure Adopted by the Mississippi State Board of Dental Examiners › Chapter 1 › Rule 30-2302-1.8 - PRE-HEARING MOTIONS

Current through June 25, 2024
1. All pre-hearing
				motions shall be filed not later than fifteen (15) days prior to the scheduled
				hearing. Said motion shall include an explanation of the grounds on which
				relief is sought. A motion may be accompanied by an affidavit as necessary to
				establish facts alleged in support of the motion.
2. Within ten (10) days of the filing of any
				motion, opposing counsel may file a response in opposition to the initial
				motion.
Miss. Code Ann. §
										73-9-19.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2302 - Rules of Procedure Adopted by the Mississippi State Board of Dental Examiners › Chapter 1 › Rule 30-2302-1.9 - CONTINUANCES

Current through June 25, 2024
1. Hearings shall be held before the full
				Board at the time and place designated in the Notice of Hearing unless a
				continuance is granted for just cause by the Board. A motion for a continuance
				must be filed with the Board at least fifteen (15) days prior to the scheduled
				hearing, or upon a showing of good cause, at any time prior to the
				hearing.
2. It must be recognized
				that the Board consists of seven (7) practicing dentists representing various
				regions of the State and one (1) licensed dental hygienist appointed by the
				Governor. Unlike the judiciary, Board members are not in the business of
				conducting hearings; therefore, hearings will be held only during regularly
				scheduled meetings or other dates established by order of the Board. Attorneys
				representing dentists should take this fact into consideration. A scheduled
				hearing may be continued if the Respondent shows substantial, legitimate
				grounds for continuing the hearing, based on the balance of:
A. The right of Respondent to a reasonable
				opportunity to prepare and present a defense, and
B. The Board's responsibility to protect the
				public health, safety and welfare.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2302 - Rules of Procedure Adopted by the Mississippi State Board of Dental Examiners › Chapter 1 › Rule 30-2302-1.10 - INFORMAL SETTLEMENT, PRE-HEARING STIPULATIONS, CONSENT ORDERS

Current through June 25, 2024
1. All disciplinary proceedings initiated by
				the Board shall be brought to a final resolution through one of three means:
A. disciplinary hearings before the full
				Board,
B. acceptance by the Board
				of a mutually agreeable Consent Order in lieu of hearing, or
C. dismissal of the case.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2302 - Rules of Procedure Adopted by the Mississippi State Board of Dental Examiners › Chapter 1 › Rule 30-2302-1.11 - FORMAL HEARING

Current through June 25, 2024
At a disciplinary hearing, opportunity shall be given to the
				  Board's Prosecutorial Counsel and Respondent to present evidence on all issues
				  of fact and argument on all issues of law and policy involved, to call,
				  examine, and cross-examine witnesses, and to offer and introduce documentary
				  evidence and exhibits as may be required for full and true disclosure of the
				  facts and disposition of the matter.
1.
				All testimony and other proceedings shall be recorded by a certified court
				reporter who shall be retained by the Board.
2. During the disciplinary hearing, the
				Board's President, acting as the presiding officer, or his designee, shall rule
				on all evidentiary questions, but in his discretion may consult with the entire
				panel in executive session. At such hearing, the Board may be assisted by the
				Mississippi Attorney General, or his designee, who shall not have been involved
				in any way with the case otherwise. The Board's presiding officer may delegate
				ruling on procedural and evidentiary issues to the Attorney General or his
				designee.
3. In all disciplinary
				hearings before the Board, the record of the case shall include:
A. the summons and allegations
				issued,
B. the Respondent's answer
				to the summons and allegations,
C.
				all pleadings, motions, and rulings issued,
D. evidence received or considered at the
				hearing,
E. offers of proof,
				objections, and rulings thereon,
F.
				the Board's order or other disposition made by the Board.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2302 - Rules of Procedure Adopted by the Mississippi State Board of Dental Examiners › Chapter 1 › Rule 30-2302-1.12 - REINSTATEMENT OF LICENSE

Current through June 25, 2024
The procedural requirements enumerated above shall also
				  apply to petitions duly filed with the Board seeking reinstatement of a license
				  pursuant to Section
				  73-9-65,
				  Miss. Code (1972).
Miss. Code Ann. §
										73-9-19.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2302 - Rules of Procedure Adopted by the Mississippi State Board of Dental Examiners › Chapter 1 › Rule 30-2302-1.13 - EFFECTIVE DATE OF REGULATIONS

Current through June 25, 2024
1. The above
				procedural rules and regulations shall become effective June 11,
				1996.
2. The above Rules of
				Procedure are adopted by the Board to implement its authority to investigate
				alleged violations of the
Mississippi Dental Practice
				Act
, conduct hearings on disciplinary matters, and consider
				petitions for termination of probationary and suspended licenses and
				restoration of revoked licenses.
3.
				The above Rules of Procedure shall not be interpreted to alter or amend that
				which is otherwise provided by Mississippi statutory law.
History:
Rules of Procedure adopted by the
				  Mississippi State Board of Dental Examiners June 11, 1996; amended November 3,
				  2000.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 1 - Rules and Regulations Adopted by the Mississippi State Board of Funeral Service on June 07, 1984, as amended March 17, 1997 › Rule 30-2401-1.1 - Definitions

Current through June 25, 2024
As used herein, words and phrases shall have the meaning
				  ascribed to such words and phrases by these Rules and Regulations and/or Title
				  73, Chapter 11 of the Mississippi Code of 1972, as amended.
Miss. Code Ann. §
										73-11-41(Supp.
				  2011); and Miss. Code Ann. 73-11-49(7)(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 2 - General Provisions › Rule 30-2401-2.1

Current through June 25, 2024
The Chair, Vice-Chair, and Secretary-Treasurer shall serve
				  as the Executive Committee and shall act on the Board's behalf subject to the
				  approval of the Board.
Miss. Code Ann. §
										73-11-49(1)
				  and (7) (Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 2 - General Provisions › Rule 30-2401-2.2

Current through June 25, 2024
The Chair of the Board shall preside at all meetings of the
				  Board unless otherwise Ordered, and he shall exercise and perform all duties
				  and functions incident to the office of Chair of the Board.
Miss. Code Ann §
										73-11-49(7)(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 2 - General Provisions › Rule 30-2401-2.3

Current through June 25, 2024
The Vice-Chair shall serve in the absence of the Chair and
				  shall otherwise aid and assist the Chair.
Miss. Code Ann §
										73-11-49(7)(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 2 - General Provisions › Rule 30-2401-2.4

Current through June 25, 2024
The Board shall, annually, at its first regular meeting of
				  the fiscal year, or as soon thereafter as practicable, elect officers from the
				  members of the Board, which officers shall serve one year or until their
				  successors are elected and qualified.
Miss. Code Ann §
										73-11-49(1)
				  and (7) (Rev.
				  2012).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 2 - General Provisions › Rule 30-2401-2.5

Current through June 25, 2024
The Executive Director of the Board shall have complete
				  supervision and be held responsible for the Direction of the office of the
				  Board and shall have supervision over filed inspections and enforcement of the
				  provisions of Sections
				  73-11-41
				  et. seq.. of the Mississippi Code Annotated 1972, as amended, and the rules and
				  regulations of the Board and shall be responsible and answerable to the Board.
				  Such responsibilities shall include timely dissemination of information as to
				  the practice of funeral service and funeral directing and where facts on the
				  legal facets can be obtained and who to contact to make inquiry or register a
				  complaint. The Board shall keep a record of all meetings of the
				  Board.
Miss. Code Ann §
										73-11-49(4),
				  (7) and (8)(Rev. 2012); and Miss. Code Ann.
				  §
										25-41-11(Rev.
				  2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 2 - General Provisions › Rule 30-2401-2.6

Current through June 25, 2024
Roberts Rules of Order, Revised, shall be the authority for
				  settlement of disputes of parliamentary procedure.
Miss. Code Ann §
										73-11-49(7)(Rev.
				  2012).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 2 - General Provisions › Rule 30-2401-2.8

Current through June 25, 2024
The Board shall cause to be printed all forms required by
				  Sections
				  73-11-41
				  et. seq. of the Mississippi Code Annotated, 1972, as amended, and the rules and
				  regulations of the Board. All notices required to be mailed shall be directed
				  to the most recent address of the person or party appearing in the records at
				  the Board office.
Miss. Code Ann.
				  §§
										73-11-49(7),
				  73-11-51(5),
				  (7) and (8) and
				  73-11-57(2)(Rev.
				  2008 & 2012 & Supp. 2014).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 2 - General Provisions › Rule 30-2401-2.9

Current through June 25, 2024
Special meetings of the Board may be called by the Chair at
				  anytime. Special meetings may also be called upon the written request of four
				  (4) members, which request must specify the purpose of the meeting, and the
				  Chair then shall call such a meeting. The Board shall cause notice of such
				  special meeting to be given in a time and manner consistent with state
				  law.
Miss. Code Ann. §
										73-11-49(7)(Rev.
				  2012); and Miss. Code Ann. §
										25-41-13(Rev.
				  2012 & Supp. 2014).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 2 - General Provisions › Rule 30-2401-2.10 - REPORTING TO THE BOARD

Current through June 25, 2024
In addition to any other requirement of the Board's rules or
				  any statute pertaining to the funeral establishments and/or funeral service or
				  funeral directing licensees, the following must be received, in writing, in the
				  Board's office within fourteen (14) calendar days of the effective date of the
				  change:
(a) change in ownership of a
				funeral establishment;
(b) change
				of location of a funeral establishment;
(c) change in the identity of the
				licensee-in-charge of the funeral establishment;
(d) change in the identity of the individual
				sponsoring an apprentice;
(e)
				change in the licensed funeral establishment employing an apprentice;
(f) a conviction of a felony or of any
				misdemeanor involving fraud, dishonesty or moral turpitude. As used herein,
				conviction shall include a deferred conviction, deferred prosecution, deferred
				sentence, finding or verdict of guilt, an admission of guilt, or a plea of
nolo contendere
.
Miss. Code Ann. §
										73-11-49(7)(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 2 - General Provisions › Rule 30-2401-2.11

Current through June 25, 2024
Every funeral service licensee, funeral director and
				  apprentice shall report to the Board in writing any change of his or her
				  principal place of business and/or address of record no later than fourteen
				  (14) calendar days after the change has occurred.
Miss. Code Ann. §
										73-11-49(7)(Rev.
				  2012).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 2 - General Provisions › Rule 30-2401-2.12

Current through June 25, 2024
The Board shall become a member of the Conference of Funeral
				  Service Examining Boards of the U.S., Inc. and the Board, in its discretion,
				  may request members of the Board to attend the meetings of the said conference
				  at the expense of the Board.
Miss. Code Ann. §
										73-11-49(7)(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 3 - Practice of Funeral Service and Funeral Directing › Rule 30-2401-3.1

Current through June 25, 2024
When the applicant for license for the practice of funeral
				  directing or funeral service has complied with all requirements of Sections
				  73-11-51
				  of the Mississippi Code Annotated, 1972, as amended, and all rules and
				  regulations of the Board concerning licensing, he shall be entitled to receive
				  the license for which he is entitled.
Miss. Code Ann.
				  §§
										73-11-49(7)
				  and
				  73-11-51(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 3 - Practice of Funeral Service and Funeral Directing › Rule 30-2401-3.2

Current through June 25, 2024
All applications must be submitted to the Board office, on
				  forms furnished by the Board, and accompanied by the appropriate fee and
				  supporting documentation, as set by the Board. Applications for licensing must
				  be received by the Board office thirty (30) calendar days prior to the date of
				  the next scheduled board meeting.
Miss. Code Ann.
				  §§
										73-11-49(7)73-11-51(5),
				  (7) and (8 )and 73-11-56(Rev. 2012 & Supp.
				  2014)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 3 - Practice of Funeral Service and Funeral Directing › Rule 30-2401-3.3

Current through June 25, 2024
The Board may require applicants for licensure to personally
				  appear before the Board at the time the application is scheduled to be
				  considered. An applicant for licensure as a funeral director must attain a
				  passing score of at least seventy-five percent (75%) on the Funeral Service
				  Arts Examination administered by the National Conference of Funeral Service
				  Examining Boards.
An applicant for funeral service licensure must attain a
				  passing score of at least seventy-five percent (75%) on each section of the
				  examination, the Funeral Service Science Examination and the Funeral Service
				  Arts, administered by the National Conference of Funeral Service Examining
				  Boards.
Any examination fee which may be required shall be paid
				  directly to the National Conference of Funeral Service Examining
				  Boards.
Miss. Code Ann.
				  §§
										73-11-49(7)
				  and
				  73-11-51(2),
				  (3) (d) and (4) (e)(Rev. 2012 & Supp.
				  2014).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 3 - Practice of Funeral Service and Funeral Directing › Rule 30-2401-3.4

Current through June 25, 2024
No applicant for license for the practice of funeral
				  directing will be allowed to take the State Board Examination prepared by the
				  National Conference of Funeral Service Examining Boards unless he or she has
				  successfully completed all the requirements as set forth in Section
				  73-11-51(3)
				  of the Mississippi Code of 1972, as amended. The Executive Director of the
				  Board may issue a temporary funeral service or funeral directing work permit
				  before a permanent license is granted prior to the next regular meeting of the
				  Board if, in the Executive Director's opinion, the applicant has met all
				  requirements set forth in Section
				  73-11-51
				  of the Mississippi Code of 1972, as amended. The temporary permit shall expire
				  at the next regular meeting of the Board, unless the permit is extended in
				  accordance with Rule 3.5 of these Rules and Regulations.
Miss. Code Ann.
				  §§
										73-11-49(7),
				  73-11-51
				  and
				  73-11-56
				  (Rev. 2012 & Supp. 2014)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 3 - Practice of Funeral Service and Funeral Directing › Rule 30-2401-3.5 - Extension of Permit

Current through June 25, 2024
A permit may be extended upon written request, prior to
				  expiration and upon a showing of good cause. The Executive Director is
				  authorized to grant extensions of time not to exceed ninety (90) days per
				  extension. Not more than two (2) extensions of time will be granted for any
				  permit.
Miss. Code Ann.
				  §§
										73-11-49(7),
				  73-11-51
				  and
				  73-11-56(Rev.
				  2012 & Supp. 2014)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 3 - Practice of Funeral Service and Funeral Directing › Rule 30-2401-3.6

Current through June 25, 2024
No funeral service or funeral directing license shall be
				  issued or renewed for a period exceeding two (2) years and all licenses and
				  renewals thereof shall expire and terminate the last day of June every two (2)
				  years, unless sooner revoked or canceled.
Miss. Code Ann.
				  §§
										73-11-49(7)
				  and
				  73-11-51(8)(Rev.
				  2012 & Supp. 2014).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 3 - Practice of Funeral Service and Funeral Directing › Rule 30-2401-3.7

Current through June 25, 2024
Each individual licensed by the Board shall prominently
				  display his or her license at all times in a conspicuous location in such a
				  manner that it may be seen by the general public at the funeral establishment
				  where the licensee is employed or associated through contract or otherwise
				  provides funeral services. In instances of multiple operations a funeral
				  establishment, the license of personnel other than the licensee in may be
				  displayed only at the principal site of employment. However, the licensee in
				  charge of more than one establishment must display a duplicate photocopy of his
				  or her license at each other establishment in which he or she is in
				  charge.
Miss. Code Ann. §
										73-11-49(7)(Rev.
				  2012).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 3 - Practice of Funeral Service and Funeral Directing › Rule 30-2401-3.8

Current through June 25, 2024
All persons holding a license for the practice of funeral
				  service and funeral directing issued by the Board shall be issued a pocket
				  certificate designating the type of license held and other such information as
				  the Board deems necessary. The pocket certificate shall be carried on the
				  person of the above mentioned licensee at all times he is performing the
				  practice of funeral service or funeral directing in this
				  state.
Miss. Code Ann. §
										73-11-49(7)(Rev.
				  2012).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 3 - Practice of Funeral Service and Funeral Directing › Rule 30-2401-3.9 - Duplicate License

Current through June 25, 2024
1. Upon the loss,
				mutilation, or destruction of any license issued by the Board, the person or
				party holding such license may apply to the Board for a duplicate.
2. The application shall be made on the form
				prescribed by the Board and accompanied by the appropriate fee
3. The application for duplicate license
				shall be accompanied by a statement signed under oath or penalty of perjury
				stating the details of the circumstances under which the license was lost,
				mutilated, or destroyed and bearing a certification that such license was, in
				fact, lost, mutilated, or destroyed.
Miss. Code Ann.
				  §§
										73-11-49(7)
				  and
				  73-11-56(Rev.
				  2012).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 3 - Practice of Funeral Service and Funeral Directing › Rule 30-2401-3.10

Current through June 25, 2024
All persons holding a license issued by the Board shall
				  display same in a conspicuous place in the licensed establishment where he is
				  employed.
Miss. Code Ann. §
										73-11-49(7)(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 3 - Practice of Funeral Service and Funeral Directing › Rule 30-2401-3.11

Current through June 25, 2024
All persons holding a license for the practice of funeral
				  service and funeral directing issued by the Board shall be issued a pocket
				  certificate designating the type of license held and other such information as
				  the Board deems necessary. The pocket certificate shall be carried on the
				  person of the above mentioned licensee at all times he is performing the
				  practice of funeral service or funeral directing in this
				  state.
Miss. Code Ann. §
										73-11-49(7)(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 3 - Practice of Funeral Service and Funeral Directing › Rule 30-2401-3.12

Current through June 25, 2024
In cases where an original license issued by the board has
				  been lost or destroyed, the Board may issue a duplicate license, provided the
				  licensee furnishes an affidavit stating how the original license was lost or
				  destroyed. Said affidavit shall be accompanied by a fee set by the
				  board.
Miss. Code Ann.
				  §§
										73-11-49(7)
				  and
				  73-11-56(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 3 - Practice of Funeral Service and Funeral Directing › Rule 30-2401-3.13

Current through June 25, 2024
It is the responsibility of every licensee to provide the
				  Board with notification of a changed address.
Miss. Code Ann. §
										73-11-49(7)(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 4 - Funeral Establishment › Rule 30-2401-4.2 - Types of Establishments

Current through June 25, 2024
(A) A
Full-Service Establishment
shall have the equipment for the
				conduct of embalming and funeral directing and shall comply with the federal
				Occupational Safety and Health Administration's regulations as they currently
				existed or as later revised. A Full-Service Establishment must contain the
				following:
1. A preparation room, along with
				all necessary equipment, in compliance with Section III below and all other
				local, state and federal laws, rules and regulations;
2. Restrooms facilities in compliance with
				all applicable federal, state and local health requirements;
3. Chapel or other separate room for
				conducting funeral services in compliance with Rule 4.5 hereof;
4. Office space for making arrangements in
				accordance with Section V hereof; and
5. Casket selection room.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 4 - Funeral Establishment › Rule 30-2401-4.10 - Transferability

Current through June 25, 2024
No establishment license is transferable from one party to
				  another, or from one location to another.
Miss. Code Ann.
				  §§
										73-11-49(7)
				  and
				  73-11-55(7)(Rev.
				  2012).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 4 - Funeral Establishment › Rule 30-2401-4.11 - Change in Name, Ownership or Location

Current through June 25, 2024
(1) Whenever the
				ownership, location, or name of the Mississippi licensed establishment is
				changed, a new license shall be obtained. Upon change of ownership or change of
				address or change of name, a new establishment license application must be
				submitted to the Board within thirty (30) calendar days of said change. The
				appropriate fees and disclosures (including percentages of ownership) must
				accompany the application.
(2) In
				the case of a change in ownership or change in name, the Board Executive
				Director may issue a special work permit allowing an existing establishment to
				continue to conduct the business of that establishment for a period of ninety
				(90) calendar days or until the next regularly scheduled Board. The permit must
				be applied for at least fourteen (14) calendar days prior to the
				change.
(3) For the purpose of
				these rules, a change of ownership shall occur whenever the parties originally
				owning or holding more than a 50% stake in an entity owning the establishment
				are transferring ownership in the funeral establishment or entity owning the
				funeral establishment such that he/she/they/it no longer hold(s) more than a
				50% controlling interest in the establishment or entity.
Controlling interest means i) an interest in a partnership
				  of greater than fifty percent (50%); or greater than fifty percent (50%) of the
				  issued and outstanding shares of a stock of a corporation. If the establishment
				  or crematory is operated by a business entity, any transfer of the ownership of
				  fifty percent (50%) or more of the entity constitutes a change of
				  ownership.
(4) If a change
				of ownership is caused by the elimination of one (1) or more owners, for
				whatever reason (death, sale of interest, divorce, etc.) without the addition
				of any new owner(s), it is not necessary to obtain a new establishment license.
				However, a new application for an establishment license form shall be filed as
				an amended application within fourteen (14) calendar days after the change of
				ownership.
(5) If a corporation,
				individual or party begins ownership of a licensed funeral establishment or
				ceases ownership of a licensed funeral establishment, a new establishment
				license shall be obtained regardless of the relationship of the previous or
				subsequent owner to the corporation, individual or party.
Miss. Code Ann.
				  §§
										73-11-49(7),
				  73-11-56
				  and
				  73-11-69
				  (Rev. 2012).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 4 - Funeral Establishment › Rule 30-2401-4.4 - Selection Room

Current through June 25, 2024
The selection room shall be devoted solely to the purpose of
				  providing a means for the public to make a reasonable selection of funeral
				  service merchandise. Such selection room shall meet the following minimum
				  requirements:
(1) Caskets. Each funeral
				establishment shall maintain an inventory of not less than six (6) adult
				caskets at the location or twenty four (24) quarter panel or a combination of
				both. .
(2) Equipment. The
				selection room shall have no excess equipment stored, other than equipment
				necessary for the proper display of funeral service merchandise.
(3) Condition. The room shall be maintained
				in a clean, neat, and orderly fashion at all times.
Miss. Code Ann.
				  §§
										73-11-49(7)
				  and
				  73-11-55
				  (Rev. 2012).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 4 - Funeral Establishment › Rule 30-2401-4.5 - Other Rooms

Current through June 25, 2024
(1) The
				establishment may have other rooms, offices, and other facilities, including
				restrooms for the staff and public lounge areas. All rooms and facilities shall
				be maintained in a clean, neat, and orderly fashion at all times.
(2) In addition to the above requirements, a
				full service funeral establishment must, minimally, include the following.
(a) Public Viewing. A chapel or reposing
				room, containing at least 300 square feet of floor space, to be used
				exclusively for public viewing and/or the conduct of funeral
				services.
(b) Office. An
				arrangement office, to be used exclusively for making funeral arrangements and
				for other related business matter.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 4 - Funeral Establishment › Rule 30-2401-4.6 - Vehicles

Current through June 25, 2024
If offered, the funeral establishment shall have the
				  necessary automotive vehicles to provide adequate service to the public. This
				  shall not prohibit the establishment from arranging to lease, borrow, or
				  otherwise arrange for extra vehicles when needed.
Miss. Code Ann.
				  §§
										73-11-49(7)
				  and
				  73-11-55
				  (Rev. 2012).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 4 - Funeral Establishment › Rule 30-2401-4.7 - Personnel

Current through June 25, 2024
(1) Funeral Licensee
(a) Each funeral service establishment,
				except the branch establishment that does not engage in the care and
				preparation of the body, shall have an employment, contractual or other
				relationship with at least one full-time licensed funeral director or funeral
				service practitioner who shall be designated as the licensee-in-charge of the
				operation of the establishment. Each establishment must have a sufficient
				number of other licensed individuals to adequately serve the public.
(b) The licensee-in-charge shall reside and
				maintain a permanent residence within seventy (75) miles of the establishment
				for which he or she serves as licensee-in-charge.
(c) In the event the licensee-in-charge
				becomes no longer in charge of said funeral establishment, then the
				establishment and the licensee-in-charge have the responsibility of notifying
				the Board of such change within fourteen (14) calendar days. In such event, a
				new establishment license application must be submitted along with the
				appropriate fee prescribed by the Board.
(d) If exigent circumstances, as determined
				by the Board, warrant additional time to facilitate a licensee-in-charge
				change, upon good cause shown and with written agreement by a licensed funeral
				director to assume responsibility in the interim, the Board may grant up to
				ninety (90) additional days for an establishment to employ the new
				licensee-in-charge.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 4 - Funeral Establishment › Rule 30-2401-4.8 - Prohibition

Current through June 25, 2024
The issuance of a funeral service establishment license to
				  an individual not licensed by the Board does not entitle the individual to
				  practice funeral directing or funeral service.
Miss. Code Ann.
				  §§
										73-11-49(7),
				  73-11-51,
				  and
				  73-11-69
				  (Rev. 2012 & Supp. 2014).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 4 - Funeral Establishment › Rule 30-2401-4.9 - License Expiration and Renewal

Current through June 25, 2024
Once issued, all original funeral establishments' licenses
				  shall expire on December 31 of the year of issue. Thereafter, a funeral
				  establishment may make application for renewal of the existing original
				  license. All renewals expire on the thirty-first day of December unless sooner
				  revoked or canceled. The renewed license renewal application shall contain
				  information as prescribed by the Board. All establishment licenses issued
				  expire on the thirty-first of December for the year issued
Miss. Code Ann.
				  §§
										73-11-49(7),
				  73-11-55,
				  73-11-56
				  and
				  73-11-69
				  (Rev. 2012).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 5 - LICENSEE IN CHARGE › Rule 30-2401-5.1

Current through June 25, 2024
The licensee in charge is responsible for the day to day
				  operation of the funeral establishment. He or she must be employed twenty-five
				  (25) hours per week during the calendar year (January through December) at the
				  funeral establishment and i) must be on the premises and ready to make funeral
				  arrangements for, or to respond to, persons entering the establishment during
				  normal business hours of the establishment or ii) must be in a position to be
				  notified of persons entering the establishment and to respond to them in person
				  or telephonically within two (2) hours to set up an appointment for a face to
				  face meeting with them during normal business hours of the
				  establishment.
The licensee in charge shall be responsible for ensuring
				  that all persons employed or working for the establishment comply with all
				  applicable laws and the Board's rules and regulations. Nothing contained
				  herein, however, shall be construed to absolve funeral establishments and other
				  parties from liability for their violations of such laws, rules and
				  regulations.
No licensee may serve as the licensee-in-charge of more than
				  one (1) funeral establishment without the express written authorization of the
				  Board. With the written authorization of the Board, a funeral directing or
				  funeral service licensee, upon good cause shown that such is in the public
				  interest, may serve as a licensee-in-charge of more than one (1) funeral
				  establishment but in no event may any such individual be the licensee-in-charge
				  of more than three (3) funeral establishments. Further, all of the
				  establishments shall be under the same ownership, and no establishment shall be
				  more than a seventy-five (75)-mile radius from the most centrally located
				  establishment contained in the funeral establishment license
				  application.
The licensee-in-charge shall reside and maintain a permanent
				  residence within seventy-five (75) miles of the establishment for which he or
				  she serves as the licensee-in-charge.
In the event the licensee-in-charge becomes no longer in
				  charge of said funeral he or she must notify the Board of such change within
				  fourteen (14) calendar days. In such event, a new establishment license
				  application must be submitted along with the appropriate fee prescribed by the
				  Board.
Miss. Code Ann.
				  §§
										73-11-49(7),
				  73-11-55(3)
				  and
				  73-11-69
				  (Rev. 2012).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 5 - LICENSEE IN CHARGE › Rule 30-2401-5.2

Current through June 25, 2024
When a resident trainee wishes to begin his training with a
				  person licensed for the practice of funeral service or funeral directing, as
				  the case may be, he must submit an application as required by the Board to the
				  Board office. After permission is granted by the Board and at any time
				  thereafter such trainee leaves the preceptorship of the licensee whose service
				  has been entered, both the preceptor and the trainee must notify the Board
				  office, within thirty (30) days, in writing. If such resident trainee shall
				  thereafter seek permission to continue his training in this State, another
				  application shall be submitted to the Board office. The above mentioned
				  application must be sustained by the oath of the applicant, the licensee under
				  which the applicant is serving, and the owner of the licensed establishment in
				  which the applicant is serving his resident traineeship.
Miss. Code Ann.
				  §§
										73-11-49(7)
				  and
				  73-11-53(1)
				  and (3)(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 5 - LICENSEE IN CHARGE › Rule 30-2401-5.3

Current through June 25, 2024
A resident trainee certificate shall be renewable upon
				  payment of the renewal fee as set by Board on the first (1st) day of January of
				  each year, provided, however, that such funeral service resident trainee
				  certificate may not be renewed for more than thirty-six (36) consecutive months
				  and that such funeral directing resident trainee certificate may not be renewed
				  for more than seventy-two (72) consecutive months. The Board shall mail to each
				  registered resident trainee in good standing at his last known address, a
				  notice that the renewal fee is due and that if not paid by the first (1st) day
				  of February, the penalty for the lapse in renewal will be an amount set by the
				  Board, in addition to said renewal; provided, that the registration of any
				  resident trainee who is actively engaged in the military service of the United
				  States or is duly enrolled full-time in a school of funeral service may, at the
				  discretion of the Board, be held in abeyance for the duration of such service
				  or training and such person may be relieved of such renewal fees and penalties
				  as the Board may deem justifiable and expedient.
Miss. Code Ann.
				  §§
										73-11-49(7),
				  73-11-53(4)
				  and
				  73-11-56(Rev.
				  2008); and Miss Code Ann. §
										33-1-39(Rev.
				  2010).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 5 - LICENSEE IN CHARGE › Rule 30-2401-5.4

Current through June 25, 2024
All resident trainees registered as provided herein shall be
				  required to report to the Board quarterly upon forms provided by the Board,
				  showing the required work which has been completed during the past three (3)
				  months. The data contained in said report shall be certified as to accuracy by
				  the person licensed for the practice of funeral service or funeral directing
				  under whom the trainee has served during such period, the owner of the licensed
				  funeral establishment, and the trainee.
Miss. Code Ann.
				  §§
										73-11-49(7)
				  and
				  73-11-53(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 5 - LICENSEE IN CHARGE › Rule 30-2401-5.5

Current through June 25, 2024
Before a resident trainee shall be eligible to receive a
				  license for the practice of funeral service, evidence must be provided on the
				  Quarterly Reports received by the Board office that he has assisted in the
				  embalming of at least twenty-five (25) bodies, and he has assisted in the
				  arranging and conducting of at least twenty-five (25) funerals during resident
				  traineeship. Before a resident trainee shall be eligible to receive a license
				  for the practice of funeral directing, evidence must be provided on the
				  Quarterly Reports received by the Board office that he has assisted in the
				  arranging and conducting of at least twenty-five (25) funerals during resident
				  traineeship. In all applications of resident trainees for licenses for the
				  practice of funeral service or funeral directing under Sections
				  73-11-41
				  et. seq. of the Mississippi Code Annotated, 1972, the eligibility of the
				  applicant shall be determined by the records filed with the Board. Quarterly
				  reports shall be filed with the Board office within fifteen (15) days of the
				  end of each quarterly reporting period. Experience recorded on quarterly
				  reports file after the fifteenth (15th) day will not
				  be counted toward the traineeship.
Miss. Code Ann.
				  §§
										73-11-49(7),
				  73-11-51(3)(c)
				  and (4)(d); and 73-11-53(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 5 - LICENSEE IN CHARGE › Rule 30-2401-5.6

Current through June 25, 2024
The Board may, in its discretion, allow a resident trainee
				  credit under a registration for the time actually served under a previous
				  registration in this state; provided, that if that the previous registration
				  has been suspended or revoked for cause, not more than seventy-five percent
				  (75¢) of the time previously served shall be credited on the
				  registration.
Miss. Code Ann.
				  §§
										73-11-49(7)
				  and
				  73-11-53(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 5 - LICENSEE IN CHARGE › Rule 30-2401-5.7

Current through June 25, 2024
No credit shall be allowed for resident traineeship unless
				  that traineeship is served in this State in an establishment licensed y the
				  Board. An applicant registered as a resident trainee must be a resident of this
				  State, engaged full-time at a licensed funeral establishment in this State, or
				  be enrolled as a mortuary science student in a school, college, or university
				  in this State accredited by the American Board of Funeral Service Education or
				  any successor recognized by the United States Department of Education for
				  funeral service education. The twelve (12) month funeral service resident
				  traineeship must be full-time (40 hours per week) engagement to be served
				  during regular office hours (8 a.m. to 10 p.m.) for forty-nine (49) weeks. The
				  twenty-four (24) months funeral directing resident traineeship must be
				  full-time (40 hours per week) engagement to be served during regular office
				  hours (8 a.m. to 10 p.m.) for ninety-eight (98) weeks. Hours worked each day by
				  the resident trainee during his resident trainee period must be certified as to
				  accuracy by the resident trainee, the person licensed for the practice of
				  funeral service or funeral directing under whom the trainee has served during
				  such hours, and by the owner or officer of the corporation of the licensed
				  funeral establishment.
Miss. Code Ann.
				  §§
										73-11-49(7),
				  73-11-51(3)(c)
				  and (4)(d); and 73-11-53(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 5 - LICENSEE IN CHARGE › Rule 30-2401-5.8

Current through June 25, 2024
Every person licensed by the Board and every resident
				  trainee shall furnish all information required by the Board reasonable relevant
				  to the practice of the profession for which he is a licensee or resident
				  trainee including a current address.
Miss. Code Ann. §
										73-11-49(7)(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 5 - LICENSEE IN CHARGE › Rule 30-2401-5.9

Current through June 25, 2024
A resident trainee training to become a funeral director
				  shall serve under either a funeral directing or funeral service licensee. A
				  resident trainee training to become a funeral service licensee shall serve
				  under a funeral service licensee, except, if a funeral establishment does not
				  have a full-time funeral service licensee, said traineeship may be served under
				  a fulltime funeral directing licensee and a funeral service licensee employed
				  as a trade embalmer. Otherwise, training may be received only under one
				  licensee at a time.
Miss. Code Ann.
				  §§
										73-11-49(7)
				  and
				  73-11-53(3)(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 5 - LICENSEE IN CHARGE › Rule 30-2401-5.10

Current through June 25, 2024
A resident trainee pocket certificate shall be issued by the
				  Board and must be carried on the person of the resident trainee at all times he
				  is service their traineeship. It shall contain such information as the Board
				  deems necessary.
Miss. Code Ann.
				  §§
										73-11-49(7)
				  and
				  73-11-53(Rev.
				  2008).