Geologists, Board of

Mississippi Administrative Code

Section: 30-1101

Jurisdiction: MS

Bluebook Citation: 30 Miss. Admin. Code Pt. 1101

MISSISSIPPI STATE BOARD OF REGISTERED PROFESSIONAL GEOLOGISTS

Rules and Regulations Title 30 - Professions and Occupations Part 1101

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TABLE OF CONTENTS CHAPTER 1: Organization, Purpose and Operation of the Board .................................................8 Rule 1.1

Purpose.........................................................................................................8

Rule 1.2

Authorization ...............................................................................................8

Rule 1.3

Composition of Board ..................................................................................8

Rule 1.4

Term of Board Members ..............................................................................8

Rule 1.5

Appointment of Board Members .................................................................8

Rule 1.6

Voting ..........................................................................................................9

Rule 1.7

Quorum ........................................................................................................9

Rule 1.8

Frequency of Meetings ................................................................................9

Rule 1.9

Election of Officers ......................................................................................9

Rule 1.10

Term of Office of Board Officers ................................................................9

Rule 1.11

Duties of Officers .........................................................................................9

Rule 1.12

Order of Business .......................................................................................10

Rule 1.13

Open Meetings ...........................................................................................10

Rule 1.14

Seal of the Board ........................................................................................11

Rule 1.15

Seal of Registrants’ ....................................................................................11

Rule 1.16

Robert’s Rules of Order, Revised ..............................................................11

Rule 1.17

Adoption of Rules and Regulations ...........................................................11

Rule 1.18

Procedures for Copying and Inspections of Public Records ......................11

Chapter 2: Applications ................................................................................................................12 Rule 2.1

Form of Application ...................................................................................12

Rule 2.2

Acceptance of Applications .......................................................................13

Rule 2.3

Submission of Applications .......................................................................13

Rule 2.4

Transcript ...................................................................................................13

Rule 2.5

Experience Record .....................................................................................14

Rule 2.6

Application from Applicants with Degrees from Foreign Schools ......................................................................................................14

Rule 2.7

Reconsideration of Action on an Application ............................................14

Rule 2.8

Disposition of Applications .......................................................................15 Page 2

Rule 2.9

Reapplication .............................................................................................15

Rule 2.10

Retention of Applications ..........................................................................15

Chapter 3: Code of Ethics/Professional Conduct..........................................................................16 Rule 3.1

General Principles ......................................................................................16

Rule 3.2

Responsibilities to the Public and Integrity in the Practice of Geology .................................................................................................16

Rule 3.3

Responsibilities to Employers and Clients ................................................17

Rule 3.4

Responsibilities to Other Geologists, the Profession, and Other Professionals in Related Disciplines .........................................18

Rule 3.5

Compliance ................................................................................................19

Chapter 4: Fees .............................................................................................................................19 Rule 4.1

Method of Payment ....................................................................................19

Rule 4.2

Penalty for Late Renewal or Payment of Required Fees ...........................19

Rule 4.3

Fee Schedule ..............................................................................................19

Chapter 5: Ad Hoc Advisory Committee Organization, Purpose, and Operation ........................21 Rule 5.1

Purpose.......................................................................................................21

Rule 5.2

Authorization .............................................................................................21

Rule 5.3

Membership ...............................................................................................22

Rule 5.4

Officers ......................................................................................................22

Rule 5.5

Terms .........................................................................................................22

Rule 5.6

Duties of Officers .......................................................................................22

Rule 5.7

Frequency of Meetings ..............................................................................23

Rule 5.8

Reporting Duties ........................................................................................23

Chapter 6: Curricula Approved by the Board ...............................................................................23 Rule 6.1

Geology Curricula ......................................................................................23

Rule 6.2

Education Equivalences .............................................................................24

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Chapter 7: References ...................................................................................................................25 Rule 7.1

Responsibility of Applicant for References ...............................................25

Rule 7.2

Reference Qualifications ............................................................................25

Rule 7.3

Reference Information ...............................................................................25

Rule 7.4

Responsibility of the Reference .................................................................25

Rule 7.5

Failure of a Reference to Respond .............................................................25

Chapter 8: Examinations ...............................................................................................................26 Rule 8.1

Uniform National Examinations ................................................................26

Rule 8.2

Classification of Geology Examinations ...................................................26

Rule 8.3

Dates and Locations ...................................................................................27

Rule 8.4

Language of the Examinations...................................................................27

Rule 8.5

Authorized Materials in Examination Room .............................................27

Rule 8.6

Non-Compliance of Examination Rules and Procedures...........................28

Rule 8.7

Failure to Attend an Examination or Failure to Appear at the Requested Time ...........................................................................................................28

Rule 8.8

Examination Results ..................................................................................28

Rule 8.9

Grading Information ..................................................................................28

Rule 8.10

Examination for Record Purposes (Grandfathered RPGs and GITs) ...............................................................29

Rule 8.11

Retention of Examinations .........................................................................29

Rule 8.12

Expiration of Enrollment ...........................................................................29

Rule 8.13

Handicapped Examinees ............................................................................29

Chapter 9: Reinstatement of Registration or Enrollment after Revocation and Reinstatement of Lapsed Registration or Enrollment ................................................30 Rule 9.1

Application for Reinstatement ...................................................................30

Rule 9.2

Board Action ..............................................................................................30

Rule 9.3

Reinstatement of Lapsed Annual Registration ..........................................30

Rule 9.4

Reinstatement of Lapsed Annual Enrollment ............................................30

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Chapter 10: Seal on Documents and Other Sealing-Stamping-Acknowledgement Requirements ............................................................................................................31 Rule 10.1

Basic Sealing Practices ..............................................................................31

Rule 10.2

Geologic Studies/Projects ..........................................................................31

Rule 10.3

Detailed, Specific Instructions Concerning Maps, Illustrations, and Similar Products ........................................................................................32

Rule 10.4

Reports, Bulletins, and Other Similar Products .........................................32

Rule 10.5

Additional Guidelines for Pamphlets, Maps, Illustrations, etc. .................33

Chapter 11: Use of the Terms Geologist, Registered Professional Geologist, and Certified Professional Geologist ...............................................................................36 Rule 11.1

Restrictions ................................................................................................36

Rule 11.2

Requirements of Supervisory Control .......................................................36

Rule 11.3

Activities not Requiring Registration ........................................................37

Chapter 12: Disciplinary Actions..................................................................................................38 Rule 12.1

Complaints .................................................................................................38

Rule 12.2

Investigative Procedures ............................................................................38

Rule 12.3

Disciplinary Proceedings ...........................................................................39

Rule 12.4

Conflict and Bias........................................................................................40

Rule 12.5

Respondent May Assert Bias .....................................................................40

Rule 12.6

Disqualification ..........................................................................................40

Rule 12.7

Pre-Hearing Discovery...............................................................................40

Rule 12.8

Disciplinary Hearings ................................................................................40

Rule 12.9

Discipline ...................................................................................................41

Rule 12.10

Costs...........................................................................................................42

Rule 12.11

Appeals ......................................................................................................42

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Chapter 13: Organization of the Mississippi State Board of Registered Professional Geologists (MSBRPG) .........................................................................42 Rule 13.1

Purpose.......................................................................................................42

Rule 13.2

Summary ....................................................................................................42

Rule 13.3

Full Text of the Rule ..................................................................................42

Chapter 14: Informal Proceedings Available to the Public ..........................................................43 Rule 14.1

Purpose.......................................................................................................43

Rule 14.2

Summary ....................................................................................................43

Rule 14.3

Full Text of the Rule ..................................................................................43

Chapter 15: Requirements for Public Hearings, Rule Making .....................................................43 Rule 15.1

Purpose.......................................................................................................43

Rule 15.2

Summary ....................................................................................................43

Rule 15.3

Full Text of the Rule ..................................................................................43

Rule 15.4

Location of Public Hearings ......................................................................44

Rule 15.5

Conducting Public Hearings ......................................................................44

Rule 15.6

Public Availability of Public Hearing Records ..........................................45

Chapter 16: Declaratory Opinions ................................................................................................45 Rule 16.1

Purpose.......................................................................................................45

Rule 16.2

General Information ...................................................................................45

Rule 16.3

Persons Who May Request Declaratory Opinions.....................................45

Rule 16.4

Subjects Which May Be Addressed in Declaratory Opinions ...................45

Rule 16.5

Circumstances in which Declaratory Opinions Will Not Be Issued .....................................................................................46

Rule 16.6

Form of the Request for a Declaratory Opinion ........................................47

Rule 16.7

Time for MSBRPG’s Response .................................................................49

Rule 16.8

Procedure after Request for Declaratory Opinion Received......................49

Rule 16.9

Hearings at the Discretion of the MSBRPG ..............................................49

Rule 16.10

Public Availability of Requests and Declaratory Opinions .......................50 Page 6

Rule 16.11

Process for Issuing Declaratory Opinions..................................................50

Chapter 17: Procedure for Making the MSBRPG Orders Available to the Public .......................50 Rule 17.1

Purpose.......................................................................................................51

Rule 17.2

Summary ....................................................................................................51

Rule 17.3

Using Board Orders as Precedent ..............................................................51

Chapter 18: Severability ...............................................................................................................51

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Title 30: Part 1101:

Professions and Occupations Geologists, Board of

Part 1101 Chapter 1: Organization, Purpose and Operation of the Board Rule 1.1 Purpose The Mississippi State Board of Registered Professional Geologists was created to administer the Registered Professional Geologists Practice Act of 1997 in order to safeguard life, health, and property, and to promote the public welfare by requiring any person in either public or private capacity practicing or offering to practice geology in this state to be registered, unless otherwise exempted by the Act. Source: Miss. Code Ann. §73-63-3 Rule 1.2 Authorization The Registered Professional Geologists Practice Act of 1997, (§73-63-1 et seq., Mississippi Code 1972, annotated) provides the means for achieving the purpose of the Board as an agency of the State of Mississippi. Source: Miss. Code Ann. §73-63-1 et seq. Rule 1.3 Composition of Board The Board shall, to the extent practicable, be composed of five (5) members. One (1) member represents the governmental sector, one (1) member represents academia, one (1) member represents the geotechnical/environmental sector, one (1) member represents the mining/mineral extraction sector, and one (1) member shall represent the State’s geologists at-large. Source: Miss. Code Ann. §73-63-9 Rule 1.4 Term of Board Members With the exception of the initial Board, the term of all members shall be four (4) years. Source: Miss. Code Ann. §73-63-9 Rule 1.5 Appointment of Board Members With the exception of the initial Board, the nominating committee shall consist of board members whose term is not expiring. The nominees selected by the committee shall then be submitted to the Registered Professional Geologists on the roster. Submission to the voting registrants may be done via e-mail, by a separate USPS mailing or via notice in a newsletter mailing. Based on the voting by the Registered Professional Geologists on the roster, the Executive Director/Board Administrator shall tally the voting results and submit to the Governor the three (3) nominees, ranked from the most to least number of votes received, from the sector in which the vacancy occurs, who received the largest number of votes. The Governor shall then appoint one of the three (3) nominees to fill the vacancy. Source: Miss. Code Ann. §73-63-9 Page 8

Rule 1.6 Voting All members of the Board, including the President, shall be entitled to vote and make or second motions. A majority vote of those present is required to pass a motion. A member expecting to be absent for a vote may provide the Board with written comments, but shall not vote by proxy. Source: Miss. Code Ann. §73-63-17(a) Rule 1.7 Quorum A majority of the Board shall constitute a quorum. Source: Miss. Code Ann. §73-63-15 Rule 1.8 Frequency of Meetings The Board shall meet at least two (2) times per year. Regular meetings may be held at specific times and dates as agreed to by a majority of the Board. Special meetings may be called by the President or Vice President if the President is incapacitated, and may be arranged by telephone, e-mail, or other electronic means provided adequate proof of notification to the Board members and the public is maintained. Due notice of meeting time and place, as required by law, apply to regular and special meetings. Source: Miss. Code Ann. §73-63-15 Rule 1.9 Election of Officers The Board shall annually elect from its membership a President and Vice President at a regularly scheduled meeting in June or shortly thereafter but no later than the next meeting of the Board following June 30. Source: Miss. Code Ann. §73-63-15 Rule 1.10 Term of Office of Board Officers The term of office of Board officers shall extend from July 1 through June 30 of the following year. No officer shall serve for more than two (2) consecutive terms for any specific office. Source: Miss. Code Ann. §73-63-15 Rule 1.11 Duties of Officers President: The President shall serve as the executive officer of the Board and preside, when present, at all meetings. The President shall sign all certificates, the Annual Report to the Governor, and all other official documents and reports required of the Board. The President shall appoint such committees as the President may deem necessary and are authorized by the Board. The President, in the absence of an Executive Director/Board Administrator, shall perform those duties as described in 73-63-19. The President is responsible for setting agendas for consideration of the Board; however, other items may be placed on the agenda by a majority vote of the Board. The President shall perform any other duties typical of the office and as permitted by law.

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Vice President: In the absence of the President, the Vice President shall perform the duties of the President, with the exception of signing the Annual Report to the Governor. In the absence of an Executive Director/Board Administrator or Secretary, the Vice President shall maintain the official record of the minutes of the Board proceedings. The Vice President shall, along with the President, sign all Registrant and Geologist-In-Training certificates. Secretary: By majority vote, the Board may elect to establish the office of Board Secretary. At such time, the Board shall establish the duties and authority as the office shall require. Executive Director/Board Administrator: By majority vote, the Board may elect to create the office of Executive Director/Board Administrator and establish such duties and authority as the office shall require. Source: Miss. Code Ann. §73-63-17(a) Rule 1.12 Order of Business The Order of Business is set by the President. The agenda shall include an item of business allowing public comment. Source: Miss. Code Ann. §73-63-17(a) Rule 1.13 Open Meetings As required by the Open Meetings laws of the State of Mississippi, the general public shall be admitted to all meetings of the Board with the exception of those specifically identified by law. The public is subject to the following rules of conduct: A.

Members of the public are requested to register with the Vice President upon entry into the meeting area. Organized groups must have one (1) designated spokesperson.

Members of the public are expected to conduct themselves in a professional, calm and courteous manner.

Upon request and recognition of the presiding officer, an individual or spokesperson may be recognized to speak for a specified period of time. Additional time may be requested and extended at the pleasure of the presiding officer.

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 presiding officer. Specific reasons for calling an Executive Session are described in the Open Meetings and Records Law.

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Any member of the public who does not comply with these rules will be dismissed from the meeting. Source: Miss. Code Ann. §73-63-17(a); §25-41-1 et seq. Rule 1.14 Seal of the Board The Board shall adopt a seal for use of the Board on official documents. The Board may change such seal as it deems necessary. Source: Miss. Code Ann. §73-63-17(b) Rule 1.15 Seal of Registrants’ The Board shall adopt a seal for the use of registrants appearing on the roster. The Board shall establish the proper use of the seal and may change it as the Board deems necessary. Source: Miss. Code Ann. §73-63-4; §73-63-17(a) Rule 1.16 Robert’s Rules of Order, Revised Robert’s Rules of Order shall govern proceedings of the Board, except when such rules conflict with law or these regulations. Source: Miss. Code Ann. §73-63-17(a) Rule 1.17 Adoption of Rules and Regulations The Board has the exclusive right to promulgate, change and/or alter these rules and procedures upon majority vote. Source: Miss. Code Ann. §73-63-17(a) Rule 1.18 Procedures for Copying and Inspection of Public Records With the exception of records exempted by law, the Board complies with requests for information under the Mississippi Public Records Act of 1983, Mississippi Code Annotated §2561-1, et seq. according to the following policies: A.

Requests for information under the Mississippi Public Records Act of 1983 should be marked “Request for Public Records” and must be submitted in writing by U.S. mail to the MSBRPG Executive Director/Board Administrator, Mississippi State Board of Registered Professional Geologists, P.O. Box 22742, Jackson, MS 39225-2742.

Requests should describe in reasonable detail the records sought, and, if possible, should include a description of the type of records, names, dates, etc. that may aid in locating the requested records. Upon receipt of a request, the MSBRPG Executive Director/Board Administrator shall determine whether the records sought are exempt from production under the Page 11

Mississippi Public Records Act, and shall either produce or deny production of the records sought within seven (7) working days of the receipt of the request. If the MSBRPG’S Executive Director/Board Administrator determines that the records requested are exempt or privileged under the law, he or she shall deny the request and shall send the person making the request a statement of specific reasons for the denial. Such denials shall be kept on file for inspection by any person for three years. Where necessary and feasible, exempt material will be redacted from non-exempt material. The MSBRPG will charge reasonable fees for the redaction of any exempted material, not to exceed the agency’s actual cost to do so. C.

Records shall be copied by Board personnel only. The requesting party bears the cost of all reproduction which is established as the actual cost incurred by the Board to meet the request. These costs include the cost of labor plus fringe required to conduct searches and copying. The requesting party must prepay costs for reproduction and postage. No copies will be made until full prepayment is made. The MSBRPG’s Executive Director/Board Administrator shall promptly notify the person making the request of the estimated fees if the estimate exceeds the funds accompanying the request. The preceding noted fees will apply even if the search is unproductive.

Fees for Public Records Requests Cost per page (does not include researchdocument search-redaction costs) .....................................................................$0.35 Mailing of materials First Class Mail (includes postage and mailing materials)............................................................................ Actual costs Cost of researching, searching, reviewing, redaction, and/or copying and mailing ..............................Labor plus fringe of lowest paid employee

Source: Miss. Code Ann. §73-63-17(a); §25-61-1 et seq.

Part 1101 Chapter 2: Applications Rule 2.1 Form of Application A.

All applications for registration shall be made on a printed form provided by the Board. Where space on the form does not permit an applicant to present his/her record of experience or practice, the applicant may provide supplementary sheets of white paper 8 2 x 11 inches in size. Such additional sheets shall be typed on

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one side only and shall be signed and dated. Applications must be clearly typewritten. B.

All questions must be answered, except as otherwise specified.

An application not properly completed, not containing all of the required information, or not accompanied by the required fee will be returned with a statement of the reason for return.

Applications shall be subscribed and sworn to before a Notary Public or other persons qualified to administer an oath.

The conditions set out in the application shall be construed to be a part of the Rules and Regulations.

Source: Miss. Code Ann. §73-63-17(a); §73-63-29 Rule 2.2 Acceptance of Applications A.

Withholding of information, misrepresentations, or untrue statements will be cause for denial of an application.

Persons who have been previously disciplined and are no longer registered or enrolled with the Board shall appear before the Board and show cause why they should be accepted as an applicant for re-registration or re-enrollment.

No person shall be eligible for registration or enrollment that is not of good character and reputation.

Source: Miss. Code Ann. §73-63-17(a); §73-63-27 Rule 2.3 Submissions of Applications A.

All applicants for Registered Professional Geologist who are qualified as a geologist shall have the opportunity to register under the provisions of the grandfathering clause as specified by the Registered Professional Geologists Practice Act of 1997.

Applications for registration, other than grandfathering, may be submitted as specified by the Rules of the Board.

Source: Miss. Code Ann. §73-63-17(a); §73-63-27 Rule 2.4 Transcript When the Board requires a transcript showing subjects and grades of all scholastic work which the applicant wishes to claim, this transcript should also show degree issued, and date of Page 13

issuance. It is the responsibility of the applicant to see that such record is sent directly from the institution to the Board office. No action will be taken by the Board until such information is received. Source: Miss. Code Ann. §73-63-17(a); §73-63-27 Rule 2.5 Experience Record In relating experience, an applicant must account for the entire period of time which has elapsed since the beginning of the experience record. Source: Miss. Code Ann. §73-63-17(a); §73-63-27 Rule 2.6 Application from Applicants with Degrees from Foreign Schools A.

Language Comprehension (RPG) - An applicant for registration as a Registered Professional Geologist who is from a non-English speaking country, or a country where the primary language is other than English, shall submit to the Board a TOEFL (TOEFL is the acronym for test of English as foreign language) certificate with a score of 550 or higher. This test shall have been taken within two years of the application date. An applicant who has received a degree from an institution in an English-speaking country will be exempt from this requirement.

Language Comprehension (GIT) - An applicant for enrollment as a Geologist-InTraining who is from a non-English speaking country, or a country where the primary language is other than English, shall submit to the Board a TOEFL (TOEFL is the acronym for test of English as foreign language) certificate with a score of 475 or higher. This test shall have been taken prior to application as a GIT. An applicant who has received a degree from an institution in an Englishspeaking country will be exempt from this requirement.

Degrees from foreign (outside of the United States) institutions of learning must be transcribed by a transcription service acceptable to the Board. Such a transcription must provide the equivalent semester hours on a course by course basis pursuant to U.S. standards enumerated in Chapter 6, Rules 6.1 and 6.2. Those results must be sent directly from said transcription service to the Board.

Source: Miss. Code Ann. §73-63-17(a); §73-63-27 Rule 2.7 Registration Pursuant to the Universal Recognition of Occupational Licenses Act 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.msbrpg.ms.gov or as otherwise may be made available by the Board. Page 14

A. Excluding the provision of references and a college transcript, the remaining requirements of Rule 2.1 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 geology 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 geology 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 geology 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 the practice or experience within a field having a similar scope of practice to geology, 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 geology. The Board also may request additional documentation, or appearance of the applicant should the information provided by the application be insufficient for the Board to make its determination. Source: Miss. Code Ann. §73-63-17(a) Rule 2.8 Registration Pursuant to the Military Family Freedom Act Applications may be approved; deferred for more experience or additional references or other reasons; closed; or denied. A.

Approved applications 1.

When an application is approved by the Board for an examination, the applicant shall be notified by the Executive Director/Board Administrator or President of the Board.

When an applicant has met the qualifications for registration, the applicant shall be notified of registration and the action of the Board shall be recorded in the official minutes of the meeting.

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Deferred applications - Deferred applications shall remain on file for one year from date of deferment. If the reason for deferment is not removed within this time, the application will be closed.

Source: Miss. Code Ann. §73-63-17(a); §73-63-27 Rule 2.9 Reconsideration of Action on an Application An applicant not otherwise prohibited by the Board may reapply. Source: Miss. Code Ann. §73-63-17(a); §73-63-27 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. msbrpg.ms.gov or as may otherwise be made available by the Board. A.

Excluding the provision of references and a college transcript, the remaining requirements of Rule 2.1 are applicable to the completion of the military application.

Each military application shall be accompanied by a copy of the applicant’s current and valid, out-of-state license to practice geology 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.

If the applicant previously worked in a state which does not require or issue a license to practice geology 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.

For applicants seeking licensure based upon practice or experience within a field having a similar scope of practice to geology, 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 geology. 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.

Source: Miss. Code Ann. §§73-36-19(1)(a) and 73-50-1(9) Rule 2.10 Retention of Applications

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Retention Schedule - In accordance with the following retention schedule, the following records will be maintained on file in the Board office for the period shown: 1.

Registered Professional Geologist (RPG) - microfilmed files or alternately electronically archived and retained for seventy five (75) years or until seven (7) years after death, whichever occurs sooner.

Geologist-In-Training (GIT) - ten (10) years

Examinations - ten (10) years

Closed or denied - seven (7) years

Any application that involved disciplinary action or violations will be retained indefinitely.

Source: Miss. Code Ann. §73-63-17(a); §73-63-27

Part 1101 Chapter 3 Code of Ethics/Professional Conduct Rule 3.1 General Principles A.

Requirement of practitioner as professional - The practice of geology is a profession, and the privilege of professional practice requires responsible and ethical conduct as well as scientific knowledge on the part of the practitioner.

Who is included - The Code of Ethics/ Professional Conduct shall be binding upon each and every person registered as a Registered Professional Geologist (RPG) or enrolled as a Geologist-In-Training (GIT). Persons so registered or enrolled are charged with having knowledge of the existence of the Code of Ethics/Professional Conduct and an understanding of the rules contained therein. Violations of this chapter are subject to fines and/or suspension of one’s registration or enrollment.

Morals - The registrant or enrollee shall at all times be guided by the highest standards of ethics, honesty, integrity, personal honor, fairness, impartiality, candor, fidelity to trust, inviolability of confidence, and professional conduct in carrying out the practice of geology and also in other professional activities.

Source: Miss. Code Ann. §73-63-17(a); §73-63-17(k) Rule 3.2 Responsibilities to the public and integrity in the practice of geology

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Obligation to and protection of public - The registrant or enrollee shall at all times recognize his or her primary obligation to safeguard life, health, and property and promote the public welfare.

Reporting suspected violators - The registrant or enrollee shall report to the Board any suspected violation of the Rules and Regulations. Failure to do so may be construed as aiding and abetting the violator. Section 73-63-43, (Mississippi Code, annotated), provides that a person who reports or provides information to the Board in good faith is not subject to an action for civil damages. Qualified for assignments - The registrant or enrollee shall provide professional services only when qualified by training, education, and/or experience in the specific technical discipline involved.

Use of seal restricted - The registrant shall sign and affix his or her seal only on documents prepared by the registrant, prepared under the registrant’s direct supervisory control, or reviewed by the registrant in sufficient depth to fully assume responsibility for the accuracy and adequacy of the specific geologic subject matter.

Public statements - The registrant or enrollee shall not knowingly make any false, misleading, or unfounded statement, nor make any sensational, exaggerated, or unwarranted statement, claim or advertisement when engaged in the practice of geology or in matters related to the professional practice of geology with the intent to mislead or deceive, even if directed to do so by an employer or client, or under any other pressure. The registrant or enrollee shall include all relevant and pertinent information in any report, statement, or testimony given in the practice of geology or in matters related to the professional practice of geology.

Professional opinions - The registrant or enrollee shall not give a professional opinion or submit a report without being as thoroughly informed as might be reasonably expected, considering the purpose for which the opinion or report is requested. The registrant shall, insofar as practicable, distinguish between fact and opinion in all evaluations and estimates, and shall set forth all assumptions. The registrant or enrollee shall base his or her professional opinions upon the honest conviction of the veracity of empirical knowledge and commonly recognized geological principles and geologic practice standards.

Use of reports - The registrant or enrollee shall not knowingly permit the publication or other use of his or her reports, maps, documents, data, or interpretations for any unsound, unethical, or illegal undertaking or enterprise.

Conflict of public interest - The registrant or enrollee shall disclose the existence of any beneficial interest or expected interest in any property or project in which the registrant provides professional services, geological or otherwise.

Source: Miss. Code Ann. §73-63-17(a); §73-63-17(k) Page 18

Rule 3.3 Responsibilities to employers and clients A.

Protection of employer’s interests - The registrant or enrollee shall protect, to the fullest possible extent, the interest of his or her employer or client and the confidentiality of information obtained from his or her employer or client, so far as is consistent with the registrant’s obligation to protect the public safety, health, and welfare, and the registrant’s professional obligations and ethics.

Competency for work - The registrant or enrollee shall provide professional services to an employer or client only within the registrant’s expertise, and shall notify the employer or client of the registrant’s lack of expertise in any particular technical area.

Conflict of employer interest - The registrant or enrollee shall avoid conflict of interest with an employer or client and shall disclose the circumstances to the employer or client if a conflict is unavoidable.

Solicitation of work - The registrant or enrollee shall not use undue influence or improperly offer commissions, compensations, political contributions, gifts, or any other consideration in the solicitation of work.

Accepting compensation - The registrant or enrollee shall not accept compensation without furnishing services, unless said compensation is in the form of a retainer or similar legal contract which explicitly specifies that said compensation reserves a portion of the registrant’s time for the client, whether it is utilized for performing services for the client or not.

Use of employer’s resources - The registrant or enrollee who is an employee shall not use his or her employer’s resources for private gain without prior knowledge and consent of his or her employer.

Source: Miss. Code Ann. §73-63-17(a); §73-63-17(k) Rule 3.4 Responsibilities to other geologists, the profession, and other professionals in related disciplines A.

Crediting others - The registrant or enrollee shall give credit for work done by others to whom credit is due and shall refrain from plagiarism in oral and written communications. The registrant shall not knowingly accept credit rightfully due others.

Cooperation with others - The registrant or enrollee shall endeavor to cooperate with others in the profession and in related disciplines, and shall encourage the ethical dissemination of geological knowledge and the advancement of the science. Page 19

Reputation of others - The registrant or enrollee shall not falsely or maliciously attempt to injure the reputation (professional or otherwise) or the business of others nor shall the registrant or enrollee attempt to discredit or attack others for holding professional viewpoints that may differ from that of the registrant’s.

Source: Miss. Code Ann. §73-63-17(a); §73-63-17(k)

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Rule 3.5 Compliance Failure to comply with this chapter may result in the suspension of registration, enrollment or denial of registration or enrollment. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(k)

Part 1101 Chapter 4: Fees Rule 4.1 Method of Payment Fees are payable to the “Mississippi State Board of Registered Professional Geologists” or “MSBRPG.” Payment of fees must be made by check, money order, or via an approved credit/debit card and method acceptable to the Board. Applications received without the proper fee will not be returned to the applicant. Source: Miss. Code Ann. §73-63-17(a); §73-63-37 Rule 4.2 Penalty for Late Renewal or Payment of Required Fees Failure on the part of any registrant or enrollee to renew their certificate in January shall not deprive such person of the right of renewal or re-enrollment. All registration or enrollment fees not paid and postmarked in January, or for other payment requests not received within thirty (30) days of the billing date will be subject to Rule 4.3. If registration or enrollment fees remain unpaid at the end of February, or later, the fee schedule and conditions set forth in Rule 4.3 shall further apply. A registrant or enrollee whose registration or enrollment is sixty (60) days past the expiration date of January 1 may, at his/her option, submit a new application for registration or enrollment along with all appropriate and required fees, provide the Board with a letter noting his/her election, and shall also be required to show proof, satisfactory to the Board, of their successful passage of both the ASBOG® Fundamentals of Geology and the Practices of Geology examinations in order to be reconsidered for registration or renewal or re-enrollment. Source: Miss. Code Ann. §73-63-17(a); §73-63-37 Rule 4.3 Fee Schedule Fees shall be in accordance with the following Fee Schedule the Board has adopted fees for the following items: A. B. C. D. E.

Registered Professional Geologist Application (Non-refundable) ................$200.0 Registered Professional Geologist Registration/Renewal fee annually* .......................................................................................................$200.0 Geologist-In-Training Enrollment fee - annually* ........................................$100.0 Examination VerificationAuthorization fee.............................................................................................$25.0 Late Payment of Examination VerificationAuthorization fee.............................................................................................$25.0

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*******

Source: Miss Code Ann. §§73 63-17(a) and 73-63-37 N.

Temporary Work Permit (TWP) The issuance of a Temporary Work Permit may be issued by the Board's Executive Director/Board Administrator. A TWP may be issued provided that the person requesting same is duly licensed or registered in a state with a law similar to Mississippi and is a true practice regulation act. The following is the schedule of fees for TWPs: 1. 2. 3. 4.

First TWP Time Frame (90 calendar days).........................................$75.00 Second TWP Time Frame (additional 90 days after expiration of first 90 day TWP) ........................................................$150.00 Third TWP Time Frame (additional 90 days after expiration of second TWP) ................................................................................$225.00 Fourth TWP Time Frame (additional 90 days after expiration of third TWP) ....................................................................................$300.00

Note - All other fees and/or charges shall be administratively set, but not be limited to, the costs of material(s), labor, research, postage, and other reasonable expenses which may be incurred by the Board. Testing fees may be adjusted by the Board to cover costs associated with the administration of the examinations and/or charges imposed by ASBOG7 related to the purchase, maintenance, and use of said examinations. All examinees must purchase his/her actual examination directly from ASBOG7 after being authorized to do so from this Board - examination costs are set by ASBOG7 and not this Board. The Board=s Executive Director/Board Administrator reserves the right to withhold the release of any information including examination results if there are any outstanding, unpaid fees, or if application packages are not complete. Source: Miss Code Ann. '73-63-17(a); '73-63-37 Part 1101 Chapter 5: Ad Hoc Advisory Committee Organization, Purpose, and Operation Rule 5.1 Purpose The purpose of the Ad Hoc Advisory Committee is to aid the Board in the execution of its duties, to provide advice to the Board, and to provide a mechanism by which registered geologists can interact more directly with Board affairs. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(p) Rule 5.2 Authorization The Ad Hoc Advisory Committee is created by the Board and to serve at the pleasure of the Board. The Board, by majority vote, may dissolve the committee in part or in whole. The Board will direct the agenda of the Committee. The Committee Chair must request Board authorization for specific items to be added to the Committee’s scope of work if these items have not been previously assigned to the Committee by the Board. Page 22

Source: Miss. Code Ann. §73-63-17(a); §73-63-17(p)

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Rule 5.3 Membership The membership of the Ad Hoc Advisory Committee shall consist (with the exception of the initial committee) of Registered Professional Geologists. The potential member should be in good standing, appear on the current roster, and have been a resident of the State of Mississippi for six (6) months. Membership shall be limited to a maximum of fifteen (15) members selected from diverse professional backgrounds and selected by the nominating subcommittee appointed by the Committee chair. All members of the Committee shall be approved by the Board. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(p) Rule 5.4 Officers The Ad Hoc Advisory Committee shall elect a Chair, Vice Chair, and may elect a Secretary. These officers shall be elected from the Committee membership and approved by the Board. The Chair shall appoint a nominating subcommittee which will solicit nominations from the current roster of members in good standing to fill vacancies in these offices. The Chair may appoint a Committee member to fulfill an unexpired officer’s term. The Committee has the option not to fill the Secretary position if, in the opinion of the Committee, it is not required. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(p) Rule 5.5 Terms Members of the Committee (with the exception of the initial Committee) shall serve two (2) year terms. Terms of the initial committee members shall expire on June 30, 1999. Officers shall serve one (1) year terms and may be re-elected to the same office for only one consecutive term. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(p) Rule 5.6 Duties of Officers Chair: The Chair shall serve as the presiding officer at all meetings of the Committee, shall appoint such subcommittees as deemed necessary, shall assume overall responsibility for the work of the Committee, and shall be the primary point of contact with the Board. The Chair may, at his/her discretion, organize work groups or subcommittees to carry out the specific activities, duties, or assignments which may have been requested by the Board. The Chair shall submit an annual report to the Board documenting the Committee’s work during the past year. The Chair shall perform all other duties typical of the office and as permitted by law. Vice Chair: The Vice Chair shall, in the absence of the Chair, assume the duties of the Chair. The Vice Chair shall aid the Chair in his/her duties and maintain a roster of Committee members and such subcommittee assignments made to members. In the absence of the Chair, the Vice Chair shall be the primary contact with the Board. The Vice Chair shall perform all other duties typical of the office and as permitted by law.

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Secretary: The Secretary shall make a record of all Committee meetings and maintain a copy for use of the Committee and Board members. The Secretary shall carry out all correspondence in the name of the Committee and maintain copies thereof. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(p) Rule 5.7 Frequency of Meetings The full Committee shall meet at least twice (2) per year. One meeting shall be in conjunction with a regularly scheduled meeting of the full Board. Special meetings may be called at the pleasure of the Chair. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(p) Rule 5.8 Reporting Duties The Committee Chair must submit to the Board an annual report due on July 1 of each year containing a summary of its activities. Minutes of Committee meetings and correspondence must be regularly filed with the Board by the Chair or a designated officer no later than 30 days after the meeting at which said minutes were approved by the Ad Hoc Advisory Committee. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(p)

Part 1101 Chapter 6 Curricula Approved by the Board Rule 6.1 Geology Curricula The phrase “Graduation from a course of study in geology satisfactory to the Board from an accredited college or university, or from a program accredited by an organization recognized by the Board, of four (4) or more years” as used in the Registered Professional Geologists Practice Act of 1997, is interpreted by the Board to mean: A.

Baccalaureate Degree - A baccalaureate degree from an institution accredited by organization(s) approved by the Board. A baccalaureate degree cannot also be used as geology experience.

Note: Graduation from an accredited program means a program accredited by the Southern Association of Colleges and Schools, Middle States Association of Colleges and Schools, North Central Association of Colleges and Schools, New England Association of Colleges and Schools, Northwest Association of Colleges and Schools, and Western Association of Colleges and Schools, or other accreditation organizations which may be recognized by the Board. Degrees from foreign institutions of learning shall be transcribed by a transcription service acceptable to the Board. Such a transcription must provide the equivalent semester hours on a course by course basis pursuant to U.S. standards as noted above. Those results must be sent directly from said transcription service to the Board.

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The phrase as used in the Registered Professional Geologists Practice Act of 1997 “which includes at least thirty (30) semester or forty-five (45) quarter hours of credit, with a major in geology or a geological specialty;” is interpreted to mean completion of at least thirty (30) semester or forty-five (45) quarter hours of Board approved geologic course work with a grade point average of 2.0 or higher on a 4.0 scale.

Documentation of all educational qualifications will be through certified written references or certified transcripts submitted directly to the Board by the accredited university or college.

Source: Miss. Code Ann. §73-63-17(a); §73-63-27 et seq.; §73-63-29 Rule 6.2 Education Equivalences As authorized in 73-63-27(e) of the Registered Professional Geologists Practice Act of 1997, the Board may consider the following educational qualifications to be equivalent to 73-63-27 (1) (a) (i) for registration or enrollment: A.

Graduation with an advanced degree in geology or a geological specialty from an accredited college or university in an accredited program of study satisfactory to the Board with completion of a minimum of thirty (30) semester or forty-five (45) quarter hours of graduate level coursework in geology or a geological specialty and supporting ancillary course work in Mathematics, Physics, and Chemistry.

An advanced degree used for qualifying under the educational requirements of the Board shall not be used to satisfy the requirements for professional experience.

The phrase “which includes at least thirty (30) semester or forty-five (45) quarter hours of credit, with a major in geology or a geological specialty;” as used in the Registered Professional Geologists Practice Act of 1997 is interpreted to mean completion of minimum hours approved by the Board with a grade point average of 2.0 or higher on a 4.0 scale.

Documentation of all educational qualifications will be through certified written references or certified transcripts submitted directly to the Board by the accredited university or college.

Source: Miss. Code Ann. §73-63-17(a); §73-63-27 et seq.; §73-63-29

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Part 1101 Chapter 7: References Rule 7.1 Responsibility of Applicant for References An applicant for registration as a Registered Professional Geologist or enrollment as a GeologistIn-Training shall furnish on their application the names, addresses, and if applicable, the states in which references are registered as professional geologists. It is the sole responsibility of the applicant to provide all reference information and ensure that the three (3) letters of reference are sent to the Board in a timely manner. Source: Miss. Code Ann. §73-63-17(a); §73-63-27(1)(b) Rule 7.2 Reference Qualifications All references for all applicants must have personal knowledge of the applicant’s geologic experience and must be a geologist. After December 31, 1998 all references for an applicant must be a Registered Professional Geologist as recognized by the Board. Source: Miss. Code Ann. §73-63-17(a); §73-63-27(1)(b) Rule 7.3 Reference Information The information contained and associated with applications for registration or enrollment are exempt from any disclosure pursuant to the Mississippi Public Records Act unless requested, in writing, by the registrant or enrollee to provide said information to another board of licensure or registration. Source: Miss. Code Ann. §73-63-17(a); §73-63-27(1)(b) Rule 7.4 Responsibility of the Reference It is the responsibility of the reference to provide an honest appraisal of applicants considered for enrollment or registration. Source: Miss. Code Ann. §73-63-17(a); §73-63-27(1)(b) Rule 7.5 Failure of a Reference to Respond The Board may find it necessary to correspond directly with a reference to seek clarification of the reference’s statements. If any reference fails or declines to cooperate with the Board within 30 days, all information submitted by the reference may be disregarded. Note: References are considered by the Board to include Professionals who bore the responsibility for actual work experience. Source: Miss. Code Ann. §73-63-17(a); §73-63-27(1)(b)

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Part 1101 Chapter 8: Examinations Rule 8.1 Uniform National Examinations The Board uses examinations offered by the National Association of State Boards of Geology (ASBOG®). These examinations have been developed by appropriate committees of ASBOG® staffed by experienced, mature registrants under the guidance of a nationally recognized evaluation organization and professional psychometricians. Each examination has been validated with regard to content, relevancy of problems, and scoring. The Board will use the ASBOG® recommended cutoff scores for each examination. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31 Rule 8.2 Classification of Geology Examinations A.

Fundamentals of Geology - The Fundamentals of Geology (FG) examination is designed to test the applicant’s basic knowledge of general geology. An applicant may take the FG examination if he or she meets the following criteria: 1.

The applicant has submitted a complete application including references, transcript(s) and all required fees for GIT status with the Board prior to the test and has been approved to take the test.

The applicant holds a degree in geology from an acceptable college or university.

In lieu of 8.2(a)(2), as described above, the applicant must have completed 30 semester hours (or 45 quarter hours) of geology or geology - related courses acceptable to the Board and is currently enrolled in an advanced geology degree program with an acceptable college or university.

Fundamentals of Geology Examination taken as an exit examination - The FG is offered as an exit examination to aid colleges and universities in the evaluation of their teaching curriculum. Rules governing this option are as follows. 1.

The student must be an undergraduate (see 5. below).

The FG as an exit examination may be a requirement for graduation.

The exit examination option may be accepted by a student only once. If the student wishes to take the examination again, it must be under the general rules described above under A.1., A.2., and A.3.

Student must have obtained senior status at the time of application and said student must be approved by the department head/chair to sit for the examination and shall meet or will meet all requirements to become a GIT including 30 semester hours or 45 quarter hours in geologic course work at Page 28

the time of graduation, subject to the review and affirmation of the Board’s Executive Director/Board Administrator. 5.

If the student is in a graduate degree program in geology with undergraduate degree(s) not in geology then said student may take the FG examination as an exit examination provided that s/he is approved by his/her department head/chair and meets or will meet all requirements to become a GIT including 30 semester hours or 45 quarter hours in geologic course work at the time of graduation for said graduate degree, subject to the review and affirmation of the Board’s Executive Director/Board Administrator.

Practice of Geology - This examination is known as the PG examination, a four (4) hour examination. An applicant for registration as a Professional Geologist will be permitted to sit for the PG examination only after the FG examination has been passed, enrollment has been accomplished and the experience requirements and other requirements of the Registered Professional Geologists Practice Act of 1997 and Rules and Regulations have been met.

Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31 Rule 8.3 Dates and Locations A.

Dates offered - Examinations are offered twice yearly on dates set by ASBOG®. Dates are available from the Board office and may also be provided on the Board’s web site.

Locations - Both the Fundamentals and the Practices examinations will be offered at location(s) specified by the Board. The Fundamentals of Geology may be offered on campus to qualified undergraduate students who are presently enrolled at Mississippi State University, the University of Mississippi, the University of Southern Mississippi, Millsaps College, or any other location the Board may designate.

Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31 Rule 8.4 Language of the Examinations The language of the examination will be English. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31 Rule 8.5 Authorized Materials in Examination Room Examinees may bring engineering scales/rulers, protractors, colored pencils, and battery operated, non-printing, non-alpha numeric calculators into the exam site where the ASBOG® examinations will be administered. All examinations will be collected at the end of the examination session. Computers, laptops, or any other similar electronic devices are not Page 29

permitted nor are cellular telephones or any other devices that can record or transmit images or voice/sound in any format. Such devices shall be turned off and held by the examination proctor until the examinee completes and turns in the exam to the exam proctor. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31 Rule 8.6 Non-Compliance of Examination Rules and Procedures Any person not complying with any rules and procedures for the examination will be required to surrender examination materials and shall leave the examination room and will not be permitted to return. Such person’s examination will be considered null and void and all costs associated with said examination shall be forfeited. The examinee will not be allowed to apply for reexamination until s/he appears before the Board to show cause as to why he/she should be allowed to attend another examination. The Board shall make the determination whether or not the examinee will be allowed to sit for the examination in the future and may require remedial courses/seminars dependent on the severity of his/her violation(s) of this chapter. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31 Rule 8.7 Failure to Attend an Examination or Failure to Appear at the Requested Time In the event an applicant is unable to attend an examination or who does not show up at the requested time shall forfeit all fees paid and shall not be allowed to sit for the examination unless verifiable extenuating circumstances apply. Determination of the applicability and validity of said extenuating circumstances shall be at the determination solely under the discretion of the Executive Director/Board Administrator and shall not be appealable. Non-attendance at an examination does not count as a failure of the examination. However, non-attendance at an examination session without previously providing the Board’s Executive Director/Board Administrator 24 hours in advance of the examination with a reason acceptable to the Director/Board Administrator will result in the assessment of no-show fee and forfeiture of all examination fees. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31 Rule 8.8 Examination Results Examination results will be supplied by first class mail to the address of record of each examinee. An applicant who fails any examination may be allowed to sit for future offerings of the examination until it is successfully passed subject to the timely payment of examination and proctoring fees associated with same as required. However the Board reserves the right to require the applicant to show that additional education and/or experience has been acquired prior to being cited to sit for an examination. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31 Rule 8.9 Grading Information All grading is done by the National Association of State Boards of Geology (ASBOG®). Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31 Page 30

Rule 8.10 Examination for Record Purposes (Grandfathered RPGs and GITs) If needed for record purposes, any person registered or enrolled under the terms of the grandfathering provision by this Board may take the appropriate examination in the Fundamentals of Geology and/or Practice of Geology upon payment of the established fees. Failure to pass an examination by a person registered or enrolled under the terms and conditions of the grandfathering provision and practicing will in no way affect his/her current registration or enrollment contingent on the requirement contained in 9.1, 9.2, 9.3, and 9.4 of Chapter 9. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31 Rule 8.11 Retention of Examinations Exam scores will be retained for a minimum period of ten (10) years after exams have been taken. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31 Rule 8.12 Expiration of Enrollment Enrollment as Geologist-In-Training is valid for a period of ten (10) years or until registration as a professional geologist, whichever comes first. If a Geologist-In-Training does not take or takes and does not pass the Practice of Geology examination, within ten (10) years from the date enrollment was granted, said Geologist In Training’s enrollment will permanently expire. Enrollment can only be re-established with said person re-applying with the Board as Geologist In Training by submitting a new application that shall include all other required application materials and fees. The applicant, pursuant to the preceding sentence, must also re-take and successfully pass the Fundamentals of Geology examination prior to being considered by the Board for re-enrollment as a Geologist-In-Training. Applications received for the Practice of Geology examination after the ten (10) year expiration date noted above will be returned and the Fundamental examination will have to be taken and successfully passed again per the preceding. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31 Rule 8.13 Handicapped Examinees Requests for modifications to the examination administration to accommodate physical handicaps must be made in writing and received in the Board Office no less than 90 days prior to the first day of the examination. Such a request must be accompanied by a physician’s report and/or a report by a diagnostic specialist, along with supporting data, confirming to the Board’s satisfaction, the nature and extent of the handicap. After receipt of the request from the applicant, the Board may require that the applicant supply further information and/or that the applicant appear personally before the Board. It shall be the responsibility of the applicant to timely supply all further information as the Board may require. The Board shall determine what, if any, modifications will be made. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(b); §73-63-31 Page 31

Part 1101 Chapter 9: Reinstatement of Registration or Enrollment after Revocation and Reinstatement of Lapsed Registration or Enrollment Rule 9.1 Application for Reinstatement Any person whose registration or enrollment has been revoked may not apply to the Board for reinstatement of the registration 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 registration or enrollment should be reinstated. Applicant must include in the application evidence that the current requirements for registration or enrollment have been met and that the applicant is in good standing with the Board. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(i); §73-63-35 Rule 9.2 Board Action 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 registration or enrollment. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(i); §73-63-35 Rule 9.3 Reinstatement of Lapsed Annual Registration Any person whose registration has not been renewed by the payment of the required fees prior to the end of the current renewal year ending at midnight of December 31 shall be required to submit a new application along with all other required and relevant information and provide proof that s/he has successfully passed the ASBOG® Practice of Geology examination prior to being considered for reinstatement as a RPG. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(i); §73-63-35 Rule 9.4 Reinstatement of Lapsed Annual Enrollment Any person whose enrollment has not been renewed by the payment of the required fees prior to the end of the current renewal year ending at midnight of December 31 shall be required to submit a new application along with all other required and relevant information and re-take and successfully pass the ASBOG® Fundamentals of Geology examination prior to being considered for reinstatement as a GIT. Source: Miss. Code Ann. §73-63-17(a); §73-63-17(i); §73-63-35

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Part 1101 Chapter 10: Seal on Documents and Other Sealing-Stamping-Acknowledgment Requirements Rule 10.1 Basic sealing practices A.

The seal, signature and date on a document constitute a certification that the document was prepared by the registrant or under his direct supervision. 1.

Each sheet of maps, cross sections, drawings, descriptions, charts, graphs, and reports of geologic practice shall be signed, sealed and dated by the registrant preparing them, prepared under his direct supervisory control, or reviewed by him in sufficient depth to fully coordinate and assume responsibility for documents prepared by another registered professional geologist.

Where more than one sheet is bound together in one volume, the registrant who prepared such volume, or under whose direction and control such volume was prepared, may sign, seal and date only the title or index sheet, providing that the signed sheet clearly identifies all of the other sheets comprising the bound volume, and provided that any of the other sheets which were prepared by, or under the direction and control of, another registrant, be signed and/or sealed and dated by said other registrant. Additions, deletions or other revisions shall be made only if they are signed, sealed and dated by the registrant who made the revisions or under whose direction and control said revisions were made.

Pursuant and subject to the Registered Professional Geologist Practice Act §7363-1 et seq. (Mississippi Code, Annotated 1972) work products are required to be sealed/stamped and signed.

Source: Miss. Code Ann. §73-63-17(a); §73-63-7(4) Rule 10.2 Geologic Studies/Projects Documents prepared for geologic studies and/or projects that are assimilated by another geologist shall be sealed by a Mississippi registrant under the following conditions: A.

Written permission of the original geologist must be obtained to adapt the documents. 1.

Each sheet of maps, cross sections, drawings, descriptions, charts, graphs, and reports of geologic practice shall be signed, sealed and dated by the geologist who performed the original work and shall also be signed, sealed and dated by the Mississippi registrant who has reviewed the documents in sufficient depth to fully coordinate and assume responsibility.

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Documentation of all changes which were made to the original documents must be included.

The following written certification shall accompany the seal and signature on each sheet: “I have reviewed this document in sufficient depth to accept full responsibility for its contents.”

Source: Miss. Code Ann. §73-63-17(a); §73-63-7(4) Rule 10.3 Detailed, Specific Instructions concerning Maps, Illustrations, and Similar Products: A.

Registrant’s typeset name should be immediately followed by a comma, one blank space, and the designation “RPG” with no periods.

The seal(s) of registrant(s) is (are) to appear on all maps etc. (jpg or similar digital format) located near the typeset name of the registrant.

Maps which have been previously produced and whose stock is, from time to time, replenished from the original digital versions should be updated with the information contained in 1) and 2).

If the author(s) is (are) not registrants then the name of the registrant who supervised and assumes responsibility for that work should be typeset in the same font size and in the general vicinity of the typeset name(s) of the author(s) of the map, illustration, etc. Information related to this entry should, in the same font, include the following: “I have reviewed this document in sufficient depth to accept full responsibility for its contents,” (see Rule 10.0 of the Board and Board Guidance Document 2000-02) followed by the registrant’s name, a comma, one blank space, and the designation RPG with no periods along with their seal in close proximity to the registrant’s name. As noted above, if the author(s) is (are) not a registrant(s) but is (are) a GeologistIn-Training (GIT) with the MSBRPG it is suggested that immediately following the GIT’s name a comma, one blank space, and then the designation GIT with no periods be printed.

Source: Miss. Code Ann. §73-63-17(a); §73-63-7(4) Rule 10.4 Reports, Bulletins, and Other Similar Products A.

Title page - Author(s) [registrant(s)] should have their typeset name followed by a comma, one blank space, and the designation RPG without periods.

Seal of the registrant to appear near their name (jpg or similar digital format) provided that the typesetting space allows room for same. Page 34

If the author(s) is (are) not registrants then the name of the registrant who supervised and assumes responsibility for that work should be typeset in the same font size and in the general vicinity of the typeset name(s) of the author(s) of the map, illustration, etc. Information related to this entry should, in the same font, include the following: “I have reviewed this document in sufficient depth to accept full responsibility for its contents,” (also see Board Guidance Document 2000-02) followed by the registrant’s name, a comma, one blank space, and the designation RPG with no periods along with their seal in close proximity to the registrant’s name. As noted above, if the author(s) is (are) not a registrant(s) but is (are) a Geologist In Training (GIT) with the MSBRPG it is suggested that immediately following the GIT’s name a comma, one blank space, and then the designation GIT with no periods be printed.

Source: Miss. Code Ann. §73-63-17(a); §73-63-7(4) Rule 10.5 Additional Guidelines for Pamphlets, Maps, Illustrations, Articles, etc. A.

If the document is a pamphlet, open file report, etc. that contains maps, illustrations, cross-sections, etc. which are bound with the text, it is not required that each of those documents follow the protocol set forth under Maps, Illustrations, and Similar Products section of these guidelines provided that the title page and ensuing page, if required, contain the required RPG statement “I have reviewed this document in sufficient depth to accept full responsibility for its contents,” registrant’s name, a comma, and the designation RPG (also see Board Guidance Document 2000-02). If possible, however, it is suggested that the same protocol be followed as if these were individual, unbound maps per the guidelines noted in Maps, Illustrations, and Similar Products section of these guidelines, space permitting.

If the maps, cross-sections, and/or similar documents are contained within a pocket of the report (not bound to the text of the document), it is suggested that each map, illustration, X-section, etc. follow the protocol contained in the Maps, Illustrations, and Similar Products section of these guidelines.

Pursuant to Board Guidance Document 2000-02 which addresses issues related to open file reports or other similar documents which are produced in limited numbers, it is recommended that documents be signed and sealed/stamped individually if the number of copies are limited (25 or less copies is a suggested number). Reports reproduced in large numbers may carry with the report a certifications page containing the signature (if appropriate to that document), date and seal of the geologist in charge, as well as the statement (if appropriate) contained in Rule 10.2, as follows: “I have reviewed this document in sufficient depth to accept full responsibility for its contents.” When the preceding conditions exist it is suggested that a uniformly placed stamp of the registrant be placed under which the next line including the statement “I Page 35

have reviewed this document in sufficient depth to accept full responsibility for its contents,” next a typeset line for the signature of the registrant and underlying that line is the typewritten name of the registrant, and the next line is the typeset date similar to the following examples (see next page).

I have reviewed this document in sufficient depth to accept full responsibility for its contents

John B. Doe John B. Doe, RPG April 15, 2004 OR

John B. Doe John B. Doe, RPG April 15, 2004 D.

Requirements for Supervisory RPGs in Responsible Charge, GITs, and nonregistrants: In addition to the preceding guidelines, the following shall serve as additional guidance by the Board concerning stamping/sealing and signing geologic materials. In lieu of the language “...I have reviewed this document in sufficient depth to accept full responsibility for its contents...,” the following language may be alternately utilized 1.

“This report prepared under the supervision (and control) of John Q. Smith, RPG”

“This map prepared under the supervision (and control) of John Q. Smith, RPG.” Also, if the RPG in responsible charge wishes to acknowledge contributions from others that are either GITs and/or non-registrants, the Page 36

following are examples of language that should be used in those acknowledgments: 3.

“This map prepared under the supervision (and control) of John Q. Smith, RPG with contributions from Frank Q. Public, GIT No. 1234 and Jill S. McCarthy”

“This map prepared under the supervision (and control) of John Q. Smith, RPG. Compiled by Frank Q. Public, GIT No. 1234 and Jill S. McCarthy”

Note: Parenthetical language in items 1) through 4), although recommended by the Board, is left to the discretion of the supervisory RPG who will be stamping and signing the material(s). Also in the examples above, if a person is not a RPG or GIT with this Board, they may use their job classification or other valid, title certification, provided it is not in violation of the RPG Act, i.e. Compiled by Frank Q. Public, GIT 1234 and Jill McCarthy, Environmental Scientist. E.

Reports compiled by several authors: A certification page should be included for reports submitted to a client and/or regulatory agency that have been compiled by several authors. Individual authors of the overall report on the certification page are to submit his/her credentials. In the instance where there is a certification page, it is suggested that the registered professional geologist submit on the subject certification page the following statement and layout:

“I have reviewed this document in sufficient depth to accept full responsibility for its contents related to the geologic discussion/data/information contained herein.”

John B. Doe John B. Doe, RPG April 15, 2004 If the report does not include a certification page it is further suggested that the registered professional geologist include one, again with the following statement in addition to his/her stamp/seal and signature (see next page):

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John B. Doe “I have reviewed this document in sufficient depth to accept full responsibility for its contents related to the geologic discussion/data/information contained herein.” John B. Doe, RPG April 15, 2004 Source: Miss. Code Ann. §73-63-17(a); §73-63-7(4)

Part 1101 Chapter 11: Use of the Terms Geologist, Registered Professional Geologist, and Certified Professional Geologist Rule 11.1 Restrictions A person shall not use the terms “Registered Professional Geologist,” “Consulting Geologist,” “Professional Geologist,” “Licensed Geologist,” or “Geologist” with or without any other permutation of prefixes or suffixes to the term geologist unless that person is registered or specifically exempted under §73-63-1 et seq. (Mississippi Code, 1972, as Annotated). Unless exempted under ‘§73-63-1 et seq. (Mississippi Code, 1972 as Annotated), any individual practicing, offering or attempting to practice geology or claiming any specialty in geology, as a professional, business or commercial identification, title, name, representation or claim, or otherwise holding themselves out to the public, as being qualified to practice geology or any of its specialties shall be registered with the Board. Source: Miss. Code Ann. §73-63-17(a); §73-63-7 Rule 11.2 Requirements of Supervisory Control Unless exempted under §73-63-1 et seq. (Mississippi Code, 1972 as Annotated), no person shall engage in the practice of geology unless the geological work is performed by or under the supervision of one or more registered professional geologists, who is in responsible charge of the work and signs and seals all documents. If the principal business of the person is the practice of geology then a principal, officer or director must be a registered professional geologist and have overall supervision and control of the geological work performed in this state. Source: Miss. Code Ann. §73-63-17(a); §73-63-7

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Rule 11.3 Activities Not Requiring Registration A.

Geological work performed by an employee or a subordinate of a registered professional geologist, provided that the work nor the work related products do not state, portray or infer by any manner or suggestion whatsoever that the employee or subordinate is in responsible charge of the geology or geologic work. Any such geological work and/or work products must be conspicuously signed and sealed by the supervising registered professional geologist of that employee or subordinate.

Geological work performed exclusively in the exploration for and development (proving out) of petroleum resources (See Definitions), including the giving of testimony, or preparation and presentation of exhibits or documents regarding petroleum resources for the sole purpose of consideration by, or being placed into evidence before, any administrative agency, judicial tribunal or public hearing, if the testimony, exhibits or documents do not imply that the person is registered under this chapter;

The practice of engineering, including the acquisition of engineering data and the utilization of these data in analysis, design, and construction by professional engineers appropriately registered in this state;

Work customarily performed by physical or natural scientists such as chemists, archaeologists, geographers, oceanographers, pedologists and soil scientists, if that work does not include the planning and execution of geologic investigations, being in responsible charge of geologic work or the drawing of geologic conclusions and making recommendations involving the practice of geology; and

Geologic work which does not affect the public welfare as specified under §7363-7 (3)(d) (Mississippi Code, 1972, as Annotated).

Definitions: Exploration geology of petroleum resources pursuant to these Rules and Regulations and §73-631 et seq. (Mississippi Code, Annotated 1972) shall mean that phase of petroleum operations that utilizes various geoscience activities including but not limited to geophysics, structural geology, stratigraphy, geochemistry and other related geoscience activities that may be used to define potential hydrocarbon accumulations leading to the drilling of an exploratory well (adapted from Schlumberger Glossary of Oilfield Terms, from citation acquired in May, 2011 from Schlumberger’s web site at www.schlumberger.com). Development geology (proving-out) of petroleum resources pursuant to these Rules and Regulations and §73-63-1 et seq. (Mississippi Code, Annotated 1972) shall mean that phase of petroleum operations that occurs after exploration has proven successful. During this phase, development geologists perform geoscience activities that may entail subsurface mapping methods as well as other associated geoscientific methods to further delineate the areal extent of hydrocarbon accumulation. These geoscience activities may lead to the drilling of development Page 39

wells to efficiently extract the petroleum resources contained in the hydrocarbon accumulation (adapted from Schlumberger Glossary of Oilfield Terms, citation acquired in May, 2011 from Schlumberger’s web site at www.schlumberger.com). Source: Miss. Code Ann. §73-63-17(a); §73-63-7

Part 1101 Chapter 12: Disciplinary Actions Rule 12.1 Complaints For the purposes of this rule, “complaints” refers to any sworn allegation brought to the Board against a registrant or other person relating to a violation of the Law or the Rules and Regulations. Any person who believes that a registrant or any other person is guilty of misconduct under the Law or the Rules and Regulations must complete the MSBRPG complaint form that is available from the Board or from its web site (www.msbrpg.state.ms.us). Following the receipt of such complaint, the Board shall proceed to investigate. Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq. Rule 12.2 Investigative Procedures Upon the receipt of complaints, the Executive Director/Board Administrator shall refer them to a designated Board member. The designated Board member shall be selected on a rotating basis. If any Board member selected as a designated Board member can show reasonable cause that he or she should not be the designated Board member, or if the Executive Director/Board Administrator makes a determination that the Board member’s objectivity is subject to a reasonable charge of being impaired, then such complaint or information shall be referred to the Board member next in line of rotation. The Investigative Committee shall consist of the designated Board member, the Executive Director/Board Administrator, and the Board’s legal counsel. The designated Board member shall institute an investigation of the complaint and, after consultation with the Executive Director/Board Administrator or Board’s designee and the Board’s attorney; the Investigative Committee shall determine the disposition of the complaint. The Investigative Committee shall then: A.

remand the matter to the file for no further action;

issue a letter of concern to the appropriate individuals(s);

recommend the filing of a formal petition to initiate a disciplinary hearing; or Page 40

seek appropriate legal action to safeguard the health, safety and welfare of the public.

Letters of concern are issued to address matters the Investigative Committee feels should be brought to the attention of a registrant and/or other individual, but do not rise to the level of severity that necessitates the filing of a formal petition. Registrants and/or other individuals will be given an opportunity to explain and/or respond to the letter of concern from the Investigative Committee; and, if warranted, a final follow-up letter from the Investigative Committee may be issued. Repeated letters of concern which address the same or substantially the same subject matters with regard to particular registrants and/or other individuals may result in the filing of a formal petition. Neither the designated Board member nor any Board member disqualified in the process of selecting the designated Board member shall sit as a voting member of the Board in any disciplinary hearing resulting from that investigation. Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq. Rule 12.3 Disciplinary Proceedings A.

Petitions and Notice of Hearing - For the purposes of this rule, "petition" refers to the formal documents issued by the Board to initiate a disciplinary hearing. The petition is based on prior investigation of charges or information and shall set forth a statement of the charges against the accused. For the purposes of this rule, "notice of hearing" refers to the document accompanying the petition which notices the respondent to appear and sets forth the time and place of the hearing. The notice and together with a copy of the applicable Law and Rules and Regulations shall be served on the respondent in the manner and time required by law. Section 73-63-43, et seq., of the Mississippi Code of 1972, as amended.

Consent Orders - If after receipt of a petition and prior to the disciplinary hearing an accused desires to admit to a violation, a consent order may be entered into with the accused without the necessity of a disciplinary hearing. Any consent order shall be subject to the approval of the Board and shall not be subject to appeal. The Board may reject a proposed consent order and vote to hold a formal disciplinary hearing.

Informal Conferences - The respondent may request an informal conference at the Board office or via a telephone conference or similar electronic means with the investigative committee for the purpose of showing that the allegation(s) contained in the petition is (are) not true. The investigative committee will be Page 41

composed of the designated Board member, a Board designee or Executive Director/Board Administrator, the Board attorney, and appropriate staff personnel; however, the absence of the designated Board member or the Board’s designee or Executive Director/Board Administrator or Board attorney shall not invalidate the formation of the committee or the conclusions of the conference. If the respondent desires a conference and the petition cannot thereafter be dismissed on the evidence, an effort will then be made to reach an informal settlement and consent order as provided in paragraph B. Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq. Rule 12.4 Conflict and Bias A Board member shall not be entitled to participate in any disciplinary action if such Board member is biased against the accused. Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq. Rule 12.5 Respondent May Assert Bias Any accused in a disciplinary proceeding may assert conflict or bias by filing with the Board’s designee or Executive Director/Board Administrator at least three days before the scheduled disciplinary hearing an affidavit asserting the disqualification together with specific details of the underlying factual bias for the assertion. However said accusation of conflict or bias filing shall not defer or delay a scheduled disciplinary hearing. Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq. Rule 12.6 Disqualification Challenges as to bias shall be determined individually by each Board member so challenged, on the record. Challenged Board members who determine that they can be fair and impartial to all concerned may serve. Those who cannot shall rescue themselves. Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq. Rule 12.7 Pre-Hearing Discovery There shall be no pre-hearing discovery. Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq. Rule 12.8 Disciplinary Hearings The disciplinary hearing shall be conducted in the manner as provided by law. Section 73-63-43 of the Mississippi Code of 1972, as amended. Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq.

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Rule 12.9 Discipline Upon a finding that the accused has violated any enumerated provision of Title 73, Chapter 63, or any rule adopted pursuant to Title 73, Chapter 63, 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 accuser’s registration to practice as a Registered Professional Geologist or enrollment as a Geologist-In-Training, or impose any disciplinary action provided by law. 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 registration 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);

the actual or possible danger to the public resulting from the accuser’s past and present violation(s);

the actual damage resulting from the accuser’s past and present violation(s);

the number of past repetitions of the accuser’s present violation(s);

the length of time since the occurrence of the accuser’s present violation(s);

the number and seriousness of previous violations;

the length of time the registrant has practiced;

the deterrent effect of the penalty imposed;

the effect of the penalty upon the accuser’s livelihood;

any efforts of rehabilitation; and

any other mitigating or aggravating circumstances.

As provided by §73-63-1 et seq. (Mississippi Code, Annotated 1972) the Board shall notice all parties, at the sole discretion of the Board, that may need to be so noticed. The Board shall further place on its web site all disciplinary actions including the name(s) of the defendant(s) and other pertinent information as deemed appropriate by the Board. These disciplinary action notices shall remain on the Board’s web site for a minimum of five (5) years and shall remain in the permanent record of said individual(s) in perpetuity. Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq. Page 43

Rule 12.10 Costs 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. Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq. Rule 12.11 Appeals Any person aggrieved by the action of the Board as a result of disciplinary proceedings conducted hereunder may appeal wherefrom as provided for in §73-63-49 (Mississippi Code, 1972, as Annotated). Source: Miss. Code Ann. §73-63-17(a); §73-63-43 et seq.

Part 1101 Chapter 13: Organization of the Mississippi State Board of Registered Professional Geologists (MSBRPG) Rule 13.1 Purpose The purpose of this rule is to describe the organization of the Mississippi State Board of Registered Professional Geologists (hereafter referred to as MSBRPG) and how the public may obtain information from the Board. Source: Miss. Code Ann. §25-43-2.104(a); §73-63-17(a) Rule 13.2 Summary This rule establishes a description of the MSBRPG’S organization which states the general course and method of its operations, including how the public may obtain information or make submissions/requests to the MSBRPG. Source: Miss. Code Ann. §25-43-2.104(a); §73-63-17(a) Rule 13.3 the Full Text of the Rule The public may obtain a description of the MSBRPG’S organization from the Rules and Regulations of the MSBRPG currently on file with the Secretary of State. Additionally, the public may access information relevant to the MSBRPG at their website www.msbrpg.state.ms.us or by reviewing §73-63-1 et seq., of the Mississippi Code which may be accessed at www.msbrpg.state.ms.us. The public may also request information including Mississippi Open Records Act requests by contacting the Executive Director/Board Administrator. Source: Miss. Code Ann. §25-43-2.101 et seq.; §73-63-17(a)

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Part 1101 Chapter 14: Informal Proceedings Available to the Public Rule 14.1 Purpose The Purpose of this rule is to inform the public of all informal proceedings available to the public. Source: Miss. Code Ann. §25-43-2.104(b); §73-63-17(a) Rule 14.2 Summary This rule establishes information on all MSBRPG proceedings Source: Miss. Code Ann. §25-43-2.104(b); §73-63-17(a) Rule 14.3 Full Text of the Rule All information as to the rules of practice concerning all formal and informal proceedings is available by reviewing the rules and regulations of the MSBRPG currently on file with the Secretary of State. Further information may be obtained by reviewing the MSBRPG website at www.msbrpg.state.ms.us or by reviewing §73-63-1 et. seq, of the Mississippi Code which may be accessed at www.state.ms.us. The MSBRPG generally meets biannually at the Jackson Enterprise Center, 931 Highway 80 West, Jackson, MS. Other meetings may be called by the Board as necessary. Source: Miss. Code Ann. §25-43-1.101 et seq.; §73-63-17(a)

Part 1101 Chapter 15: Requirements for Public Hearings, Rule Making Rule 15.1 Purpose These sections set forth MSBRPG’s procedures for involving the public in the development of rules through public meetings and/or public hearings as required by Mississippi Code §25-433.104. Source: Miss. Code Ann. §25-43-3.104; §73-63-17(a) Rule 15.2 Summary This rule establishes the process through which the MSBRPG will set and, as necessary, conduct public hearings. Source: Miss. Code Ann. §25-43-3.104; §73-63-17(a) Rule 15.3 Full Text of the Rule At the time a Rule is filed with Secretary of State, the Board must also publish where written submissions or written requests for an opportunity to make oral presentations on the proposed rule may be inspected.

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A public hearing is required if, during the first 20 business days of the rule notice, a written request for a public hearing is received from one of the following: A.

A political subdivision of the State of Mississippi

An agency of the State of Mississippi, or

10 persons

If a public hearing is required, the Executive Director/Board Administrator will notify the Board, who will establish the time, date and location for the public hearing and immediately forward the information to the Executive Director/Board Administrator. The Executive Director/Board Administrator shall then: D.

Ensure that the public hearing is not scheduled earlier than 23 business days after filing notice of oral proceeding with SOS.

File notice of the time, date, and location of the public hearing with the Secretary of State.

Within three (3) days of filing notice with SOS, the Executive Director/Board Administrator must mail or electronically transmit a copy of the notice to those who are on the notification list (their preference); MSBRPG can charge for mail but not electronic transmissions.

Source: Miss. Code Ann. § 25-43-3.104; §73-63-17(a) Rule 15.4 Location of Public Hearings Public hearings shall be held at a place and time generally convenient for persons affected by the rule at the discretion of the Executive Director/Board Administrator. Source: Miss. Code Ann. §25-43-3.104; §73-63-17(a) Rule 15.5 Conducting Public Hearings A.

Public Hearings must be open to the public.

The Executive Director/Board Administrator will preside at the proceeding and will be responsible for answering all questions regarding the rule.

The Executive Director/Board Administrator may issue rules for conduct of oral proceedings.

Source: Miss. Code Ann. §25-43-3.104; §73-63-17(a)

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Rule 15.6 Public Availability of Public Hearings/Records A.

A verbatim written transcript of the oral proceedings at each public hearing shall be produced by the Executive Director/Board Administrator and a copy furnished to the Board.

This material will be available for public inspection and copying as part of the Rule-Making Record as required by applicable law.

Source: Miss. Code Ann. §25-43-3.104; §73-63-17(a)

Part 1101 Chapter 16: Declaratory Opinions Rule 16.1 Purpose These sections set forth the MSBRPG’s procedures regarding the requests for Declaratory Opinions, as required by Mississippi Code §25-43-2.103. Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a) Rule 16.2 General Declaratory Opinions will be prepared by the Executive Director/Board Administrator. Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a) Rule 16.3 Persons Who May Request Declaratory Opinions Any person with a substantial interest in the subject matter may request the MSBRPG for a declaratory opinion by following the specified procedures. Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a) Rule 16.4 Subjects Which May Be Addressed In Declaratory Opinions A.

The MSBRPG will issue declaratory opinions regarding the applicability to specified facts of: a statute administered or enforceable by the MSBRPG, a rule promulgated by the MSBRPG, or an order issued by the MSBRPG.

The MSBRPG will not issue a declaratory opinion regarding a statute, rule or order which is beyond the primary jurisdiction of the MSBRPG.

“Primary jurisdiction of the agency” means: 1.

The agency has a constitutional grant of authority in the subject matter,

The agency has a statutory grant of authority in the subject matter,

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The agency has issued specific regulations impacting on the subject matter, or

The agency has issued a specific order or orders impacting on the subject matter.

Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a) Rule 16.5 Circumstances in which Declaratory Opinions Will Not Be Issued A.

The MSBRPG may, for good cause, refuse to issue a declaratory opinion. Without limiting the generality of the foregoing, the circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: 1.

The matter is outside the jurisdiction of the MSBRPG;

Lack of clarity concerning the question presented;

There is pending or anticipated litigation, administrative action, or other adjudication;

The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

The facts presented in the request are not sufficient to answer the question presented;

The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

The request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the rule, statue or order on which a declaratory opinion is sought;

No controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute, rule, or order;

10.

The question presented by the request concerns the legal or constitutional validity of a statute, rule or order;

11.

The requestor has not suffered an injury or threatened injury fairly traceable to the application of the statute, rule or order;

12.

No clear answer is determinable; Page 48

13.

The question presented by the request involves the application of a criminal statute or sets for facts which may constitute a crime;

14.

The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

15.

The question is currently the subject of an Attorney General’s opinion request;

16.

The question has been answered by an Attorney General’s opinion;

17.

The request is not made in good faith; or

18.

The request is harassing in nature or for any other unlawful purposes.

A declaratory opinion will not be issued where a similar request is pending before this agency or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law.

A declaratory opinion will not be issued if it may adversely affect the interests of the State, the MSBRPG or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise.

A declaratory opinion shall not be binding or effective for any third party or person other than the MSBRPG and the person to whom the opinion is issued and shall not be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person.

Where a request for a declaratory opinion involves a question of law, the MSBRPG may refer the matter to the State Attorney General.

Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a) Rule 16.6 Form of the Request for a Declaratory Opinion A.

Written Requests Required. Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the MSBRPG or in the form of a pleading as might be addressed to a court.

Where to Send Request. All requests must be mailed or delivered to the MSBRPG. The request and its envelope shall clearly state that it is a request for a declaratory opinion. Oral and telephone requests are unacceptable. Page 49

Name, Address and Signature of Requestor. Each request must include the full name, telephone number, and mailing address of the requestor. 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. The signing party 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.

Single transaction. A request must be limited to a single transaction or occurrence.

Question Presented. Each request shall contain the following: 1.

A clear identification of the statute, rule, or order at issue;

A concise statement of the issue or question presented for the declaratory opinion;

A full, complete, and accurate statement of all facts relevant to a resolution of the question presented;

The identify of all other known persons involved in or potentially or otherwise impacted by the factual situation causing the request including their relationship to the facts, name, mailing address and telephone number;

A statement sufficient to show that the person seeking relief is substantially affected by the rule.

The terms of the proposed opinion suggested by the requestor may be submitted with the request or may be requested by the agency;

Memorandum of Authorities. A request may contain an argument by the requestor in support terms of the proposed opinion suggested by the requestor. The argument may be submitted in the form of a memorandum of authorities, containing a full discussion of the reasons, including any legal authorities, in support of such position of the requestor. The agency may request that argument and memorandum of authorities be submitted by any interested party.

Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a)

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Rule 16.7 Time for MSBRPG’s Response A.

MSBRPG’s Response. Within forty-five (45) days after the receipt of a request for declaratory opinion which complies with the requirements of these rules, the MSBRPG shall in writing: 1.

Issue an opinion declaring the applicability of the specified statute, rule or order to the specified circumstances;

Decline to issue a declaratory opinion, stating the reasons for its action; or

Agree to issue a declaratory opinion or a written statement declining to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request.

When Period Begins to Run. The forty-five (45) day period shall begin running on the first State of Mississippi business day that the request is received in the MSBRPG.

Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a) Rule 16.8 Procedure after Request for Declaratory Opinion Received Opinion Not Final for Sixty Days. 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 sixty (60) days, the MSBRPG may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error. Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a) Rule 16.9 Hearings at the Discretion of the MSBRPG A.

Provision for Hearing. If the MSBRPG in its sole discretion deems a hearing necessary or helpful in determining any issue concerning a request for declaratory opinion, the MSBRPG may schedule such hearing. Notice of the hearing shall be given to all interested parties unless waived. Notice mailed by first class mail 7 calendar days prior to the hearing shall be deemed appropriate.

Proceedings at the Hearing. The procedure for conducting a hearing, including but not limited to the manner of presentation, the time for presentation, and whether and how evidence may be taken, shall be within the discretion of the MSBRPG.

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Persons Appearing at the Hearing. The MSBRPG shall allow the requestor to participate in any hearing. The MSBRPG may allow any other persons or entities to participate in the hearing.

Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a) Rule 16.10 Public Availability of Requests and Declaratory Opinions The Executive Director/Board Administrator will make declaratory opinions and requests for declaratory opinions available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is exempted from disclosure under the Mississippi Public Records Act or is otherwise confidential by law shall be exempt from this requirement. Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a) Rule 16.11 Process for Issuing Declaratory Opinions A.

Once the Executive Director/Board Administrator has received the request, s/he will review the request for validity and prepare a response according to the guidelines listed in this Rule.

The Executive Director/Board Administrator will then forward the request and opinion to the Board’s Attorney for review.

If there are problems with the opinion, the Executive Director/Board Administrator will be notified by the Attorney and the problems corrected.

Once the Attorney approves the opinion, he will then forward the request and opinion to the Executive Director/Board Administrator.

The Executive Director/Board Administrator will index the opinions by name and subject and make available for public inspection.

The Executive Director/Board Administrator will mail the opinion back to the requestor and anyone else who has asked to participate.

Source: Miss. Code Ann. §25-43-2.103; §73-63-17(a)

Part 1101 Chapter 17: Procedures for Making the MSBRPG Orders Available to the Public Rule 17.1 Purpose These sections set forth the procedures for making the MSBRPG Orders available to the public

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as required by Mississippi Code §25-42-2.102. Source: Miss. Code Ann. §25-42-2.102; §73-63-17(a) Rule 17.2 Summary The Executive Director/Board Administrator shall be responsible for indexing all orders of the Board by name and subject and shall make all orders of the Board available for public inspection and copying in accord with applicable Board Rules. This is subject to any confidentiality provisions established by law. Source: Miss. Code Ann. §25-42-2.102; §73-63-17(a) Rule 17.3 Using Board Orders as Precedent The written final order can’t be precedent to the detriment of any person by the MSBRPG until it has been made available for public inspection & indexed. A.

This is inapplicable to any person who has actual timely knowledge of the order

The burden of proof is on the MSBRPG

Source: Miss. Code Ann. §25-42-2.102; §73-63-17(a) Part 1101 Chapter 18: Severability 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 any other section, paragraph, clause or part of any of these rules or regulations. Source: Miss. Code Ann. §73-63-17(a)

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