Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1001 - Rules and Regulations of the Mississippi Board of Registration for Foresters › Chapter 12 - Procedure for Handling Complaints

Current through June 25, 2024
The following policies and procedures shall control
				complaints, denied licenses, and hearings of the Mississippi Board of
				Registration for Foresters (BORF).
Policies:
1. The BORF will receive only written
			 complaints or charges against a Registered Forester or any person practicing
			 forestry without a license. All charges shall be made on forms prescribed by
			 the Board, which are available from the Board. The information required
			 includes the name and address of the Complainant and the Respondent, a concise
			 statement of the complaint or charges with facts supporting the allegation that
			 a violation has occurred. The Complaint must be signed and notarized.
2. When a properly submitted complaint is
			 received at the Board's Jackson office, the date of its receipt shall be noted
			 on the Complaint. A letter shall be sent to the Complainant acknowledging
			 receipt of the complaint. A copy of the complaint shall be sent to the Chairman
			 of the Complaint Committee (COCC) and the Chairman of the Board. A decision
			 will be made as to the validity of the complaint and whether the evidence
			 constitutes specific violation of the Law, Board Regulations and Policies, or
			 Code of Ethics, and whether to proceed.
3. If the COCC and the Chairman of the Board
			 both agree that no action should be taken on the complaint, said decision shall
			 be noted in the file, and reasonable effort shall be made to notify the
			 Complainant. The Complainant may re-submit the complaint with additional
			 information for reconsideration. Any re-submitted complaint shall be handled in
			 the same manner as the first complaint.
4. Where it is deemed there is sufficient
			 evidence of a violation of the Law, Board Rules and Policies, or Code of
			 Ethics, the Respondent and the Complainant will be notified. Copies of the
			 Complaint shall be mailed to the Board members and the COCC shall make
			 reasonable effort to poll each Board member as to whether to proceed further.
			 If the number of members contacted constitutes a quorum and a majority of those
			 favor further action, then the Board shall proceed by notifying the Respondent
			 in writing of the allegations and of an opportunity to appear before the Board
			 and respond to the allegations at least ten (10) days prior to said meeting of
			 the Board.
5. At the conclusion of
			 hearing the facts presented to the Board, the Board shall determine what, if
			 any, action is needed and may conduct additional investigation. The Board may
			 dismiss the complaint or advise the alleged offender in writing to cease and
			 desist practicing forestry without a license and/or recommend the steps
			 necessary to achieve compliance with the law. If the Board receives a
			 subsequent complaint that the offender is not complying with the Board's
			 decision or if the Board has reason to believe that the offender is not or will
			 not comply, the Board may immediately turn the case over to the appropriate
			 authorities for possible prosecution.
6. Hearings and proceedings' will be designed
			 to give the accused the right to be heard in a fair and impartial
			 hearing.
7. The Chairman or Senior
			 Board Member present, will be the presiding officer and will rule on all
			 objections and motions, subject to the Board's approval. The Board's attorney
			 from the Attorney General of the State of Mississippi will be present at the
			 discretion of the Board.
8. The
			 Board is not bound by strict rules of evidence and shall admit all relevant
			 materials into evidence, except evidence that is unduly repetitious.
9. All hearings are open to the public.
			 However, public members may not participate nor be present for Executive
			 Sessions.
10. The Chairman will
			 subpoena all witnesses for the Board or the Respondent when
			 requested.
11. The Complainant and
			 Respondent have the right to appear either personally, by Counsel, or both, to
			 produce witnesses, cross-examine witnesses and have subpoenas issued by the
			 Board.
12. If either party fails to
			 appear at the hearing, such party shall be deemed to have had the right to an
			 oral hearing in proceeding, unless the absence is justified with good cause
			 being shown.
13. All Board Members
			 at the hearing have an obligation to actively participate and contribute to all
			 proceedings.
14. All Board
			 decisions will be made in Executive Session.
15. A copy of this Board Policy and
			 Procedures will be supplied to the Complainant and Respondent along with the
			 notification of the hearing.
16.
			 The decision of the Board to suspend or revoke the license of the Registered
			 Forester or to deny the issuance of a license or to cease and decease by a
			 non-licensed individual shall be based on substantial evidence.
17. Any applicant denied a license for any
			 reason shall at the applicants request be given a hearing before the Board with
			 such hearing being conducted at a regular Board meeting.