Residential Builders and Remodelers

MISSISSIPPI STATE BOARD OF CONTRACTORS Amendment to Rules and Regulations—Residential Builders and Remodelers—30 Miss. Admin. Code Pt. 803, R. 1.4 & 3.4 Title 30: Professions and Occupations—Board of Contractors Part 803: Residential Builders and Remodelers Part 803 Chapter 1: Licensing Rule 1.1 Application for License. 1. An applicant for a License or Renewal thereof shall observe the following requirements: a. Licenses or any renewals thereof may be issued at any time during the course of a calendar year by the Executive Director after his determination that the applicant has satisfied all statutory and other requirements prerequisite to the issuance of a license or a renewal thereof. b. An application must be filed on a form provided by the Board. No substitute will be accepted. c. The Board's application form must be completed in ink or with a typewriter. Only one copy need by filed. d. All questions must be answered. All schedules must be completed. Write “None” where applicable. No application will be considered unless it is completed as directed on the Board's form. e. Additional information including supplementary or explanatory notes considered necessary may be furnished by inserting where needed. f. All signatures must be affixed where called for and notarized where indicated. g. An applicant for a residential remodeler's license may seek licensing for a subclassification to be known as a residential roofer. For this subclassification, there shall be administered a separate roofer's examination and the license shall be clearly marked that it only licenses the holder as a residential roofer. h. A check in the amount of Fifty Dollars ($50.00), representing the initial license fee, made payable to the State Board of Contractors should accompany the application but may be submitted separately. A check in the amount of One Hundred Dollars ($100.00) made payable to the State Board of Contractors, shall accompany all requests for renewal of licenses. No application will be acted upon until such check is received. i. The privilege tax levied under this Chapter is an annual tax. The licensee is under a duty to 1 62389651.v1

renew the license annually, and the failure to the Board to notify the licensee holder as to the date of the expiration shall not excuse the licensee from renewing the license and paying the annual tax. j. An applicant shall provide a certificate of insurance evidencing current workers' compensation insurance, if applicable, and a federal employment identification number or social security number of the person making application. k. An applicant for a residential builder or remodeler’s license, or renewal thereof, shall provide a copy of a certificate of insurance evidencing current coverage for general liability purposes. The Mississippi State Board of Contractors shall be listed on the policy of the insured to be notified if there is cancellation of coverage. Liability insurance shall not be required for inactive licensees. l. A foreign corporation or a corporation domiciled outside the State of Mississippi must qualify to do business in this State with the office of the Secretary of State and provide the Board proof of good standing. (Applicants may contact the office of the Secretary of State by mail to Post Office Box 136, Jackson, Mississippi 39205, or by telephone at 601/359-1350. m. An applicant for a license must pass the applicable written examination(s) with a grade of at least 70%. n. The Board will hold examinations at locations and times to be determined by the Board. Applicants will be notified of the time and place of the examination. o. A licensee of another state who desires to obtain a license duly issued and authorized by this Chapter shall be exempt from taking the written examination provided the Board determines that the requirements for a license in the foreign state are equivalent to such examination in this state and provided that the foreign state in question extends the same privilege to Mississippi licensees. p. If a license is lost, mutilated or destroyed, a new license may be issued, upon receipt of a written request from the licensee stating the reason for the request, the license number and check in the amount of Twenty-Five Dollars ($25.00). 2. Should any information contained in any application or presented at any oral interview for a license be found by the Board to be false, such license so issued or application being considered shall thereupon be terminated and withdrawn. No licensee or applicant submitting such information shall be issued a renewal of or an initial license until a period of one (1) year has expired after the date of such termination or withdrawal. 3. Any corporation or other legal business entity holding a valid license shall immediately notify the Board of any change of name or corporate structure by filing the appropriate form outlining the specific change and the impact on the status of the entity. A fee of $ 50.00 shall accompany each application filed pursuant to this rule.

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4. A licensee may change the status of a license from active to inactive by notifying the Board, in writing, and submitting a check in the amount of Twenty-Five Dollars (25.00). To reactivate an inactive license, the licensee must notify, in writing, the Board of his/her intentions to reactivate the license, submit the above referenced fee and provide proof of current workers' compensation and liability insurance where applicable. 5. The issuance of a residential builder’s or remodeler’s license by reciprocity to a militarytrained applicant or military spouse shall be subject to the provisions of Section 73-50-1. Source: Miss Code Ann. §§ 73-59-5 and 73-50-1. 1.2 Display of Building Permit. Once a building permit is issued to a residential builder or remodeler, or the holder of a certificate of responsibility by a municipal or county building official, or any other authority charged with the duty of issuing local building permits, such licensed residential builder or residential remodeler or holder of a certificate of responsibility shall exhibit a sign at the permitted job site which shall include, prominently displayed in lettering at least two (2) inches high and twelve (12) inches wide, the license or certificate of responsibility number of the residential builder or residential remodeler or holder of the certificate of responsibility and the State issuing it. Source: Miss Code Ann. § 73-59-11(f) 1.3 Liability Insurance Disclosure Statement. The holder of a valid license as a residential builder, remodeler or roofer as defined in Miss. Code. Ann. §§ 73-59-1 and 73-59-3 shall provide written disclosure at the time of contracting to the person with whom the licensee is contracting as to the requirement to carry general liability insurance. This disclosure shall be placed on the contracting document immediately before the space reserved on the document for the signature of the purchaser, shall be in bold and conspicuous type with a font size larger than the font appearing on the remainder of the contract, and shall be in words as follows: Mississippi law requires that I inform you that I DO carry general liability insurance insuring my work under this contract. The name of the insurer is __________________, and the policy number is _________________. By your signature below, you signify your understanding and acknowledgement of this fact. Source: Miss Code Ann. § 73-59-11(f) 1.4 Continuing Education 1. Authority and Scope

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Pursuant to Miss. Code Ann. §73-59-11, continuing education is required for residential licenses issued on or after July 1, 2015. The Board adopts the rules and regulations for continuing education set forth herein. 2. Definitions a. Continuing Education Committee: The continuing education committee shall be composed of three (3) members of the Standing Committee on Residential Builders and Remodelers and at least one (1) of those three (3) members must serve on the Mississippi State Board of Contractors. The continuing education committee shall have the power to make recommendations to the Mississippi State Board of Contractors regarding all matters related to continuing education for residential license holders. b. Continuing Education Course: A continuing education course is a training program that complies with the procedures, standards and minimum requirements established for continuing education and has been approved by the board. c. Continuing Education Credit: A continuing education credit is equal to a 50 minute credit hour of instruction. d. Continuing Education Instructor: A continuing education instructor is an individual that complies with the procedures, standards and minimum requirements established for continuing education and who has submitted a training program to MSBOC for continuing education credit review and been approved by the board. e. Continuing Education Provider: A continuing education provider is an institution or organization that complies with the procedures, standards and minimum requirements established for continuing education and who has submitted a training program to MSBOC for continuing education credit review and been approved by the board. 3. Continuing Education Committee The Board may form a Continuing Education Committee which will review, assess, approve, or deny applications for educational providers, instructors and courses according to the general standards and minimum requirement set forth herein and within the board’s and committee’s discretion. The committee shall consist of three (3) members of the Standing Committee on Residential Builders and Remodelers and at least one (1) of those three (3) members must serve on the Mississippi State Board of Contractors. Members will meet prior to the regularly scheduled board meetings or as often as necessary. Decisions and/or recommendations of the committee will be presented to the full board at scheduled board meetings for final approval or denial of a provider, instructor, course or related education issue. 4. Requirements for Residential License Holders Two (2) credit hours of continuing education taught by a board approved provider or instructor must be obtained each year in order to maintain a residential license pursuant to Miss. Code Ann. §73-59-11. The continuing education requirement applies to all residential licenses issued on or after July 1, 2015. Since individual needs vary, each individual must exercise judgment in selecting courses that will advance that individual’s knowledge. The Board will not mandate the specific courses to be taken by licensed contractors, unless continuing education has been ordered by the board as a result of a disciplinary hearing. 4 62389651.v1

Credit shall be granted upon completion of an entire course. No credit shall be given for courses attended prior to becoming a licensed contractor with MSBOC. To fulfill the continuing education requirements: a. Residential License Holders: Each qualifying party for a residential license must complete two (2) credit hours of instruction taught by a board approved provider or instructor. In order to renew a license, proof of compliance with the continuing education requirement must be submitted by each qualifying party. b. Board Members: Service on the Mississippi State Board of Contractors or Mississippi State Board of Contractors Standing Committee on Residential Builders and Remodelers will satisfy the two (2) hour continuing education requirement, so long as the Board member or Standing Committee member remains in good standing with the Board and maintains the proper licensing requirements during his or her term of appointment. c. Continuing Education Instructor: Board approved continuing education instructors may use their course instruction to satisfy the continuing education requirement. Instructors must provide the Board with evidence of what Board approved courses he or she taught, when course(s) were taught, and how many credit hours were taught. Instructors will receive credit for each particular course only once. 5. Reporting Procedures; Failure to Comply; Reinstatement a. The license holder is responsible for demonstrating compliance with and completion of the continuing education requirement. Proof of having completed two (2) credit hours of continuing education must be submitted each year with the renewal application. Providing false or fraudulent information or documentation to the Board will result in disciplinary action including assessment of fines and action taken against the license. No carryover of continuing education hours from one licensure period to another shall be allowed. b. License holders who are not able to demonstrate compliance with the continuing education requirement will not be allowed to renew their license. 6. Waiver of Continuing Education Requirement The continuing education requirement shall be waived for residential licenses on inactive status; however, an inactive residential license holder must show proof of having completed two (2) credit hours of continuing education prior to returning to active status. Additionally, the board may defer or waive some or all of the continuing education requirements in the event of a state of emergency declared by the Governor or for good cause shown by the license holder. 7. Sources of Continuing Education A list of approved continuing education providers, instructors and courses will be maintained on the Mississippi State Board of Contractors website at www.msboc.us. 8. Requests for Non-Traditional Approval Licensee holders seeking credit for non-traditional continuing education must complete the appropriate request form and submit it with the required fee to the board for review and approval. It is entirely within the Board's discretion whether or not a non-traditional approval request is granted. 5 62389651.v1

9. Requirements for Providers and Instructors a. Institutions, organizations and individuals wishing to become an approved provider or instructor must submit the required application(s) to the board for review. The board’s continuing education committee will review the application and make its recommendation to the Board to approve or deny the application or request additional information from the applicant. The applicant will be informed in writing of the board’s decision. Only those institutions, organizations, and individuals that meet or exceed the established standards and minimum requirements will be approved to award continuing education credit. b. The board may require prior teaching experience. Teaching experience may be either formal or informal. A college degree may or may not be required depending upon the course being taught. In lieu of a college degree, the board may accept proof of competency such as appropriate certification related to the area of specialty. c. All continuing education applications submitted to the board for review must be received by the Board at least 30 days prior to the next regularly scheduled Board meeting. The Board meets quarterly on the second Wednesday in January, the second Wednesday in April, the second Wednesday in July and the second Wednesday in October. d. All fees established by the board must be submitted with an application in order for the application to be processed. Fees are non-refundable and no part of any fee shall be returned. e. Upon approval of an application, each approved provider or instructor shall agree to conduct courses in accordance with the board requirements and shall indicate agreement by signing a continuing education provider/instructor agreement form provided by the board. f. The board may request that a provider or instructor reapply for approval if the provider or instructor has not held any classes for continuing education credit or submitted a roster to the board for a period of 2 years. The provider or instructor will be required to submit a new application along with all appropriate fees to the board for approval prior to holding a class for continuing education credit. 10. Revocation of Approval The Board shall have the authority to monitor approved courses, providers and/or instructors to determine whether they are in compliance with the terms of the agreement and the rules and regulations of the Board. The Board may suspend, revoke or terminate the agreement with any approved continuing education provider or instructor if the Board determines that either has failed to comply with the terms of the agreement or the rules and regulations of the Board. 11. Violation for Operating as Non-Approved Provider Any institution, organization or individual who acts as a provider or instructor of continuing education without being properly certified or who provides the Board with falsified information or documentation may be subject to having their provider or instructor status revoked and/or prevented from obtaining future approval as a provider or instructor. A provider or instructor with a revoked status may petition the Board for reinstatement; such petition must be accompanied by a filing fee as determined by the Board. Part 803 Chapter 2: Charges of Misconduct and Disciplinary Action Rule 2.1 Complaint and Hearing Procedures 6 62389651.v1

1. The Standing Committee on Residential Builders and Remodelers (“Standing Committee”) and the Mississippi State Board of Contractors (“Board”) shall act in accordance with the following procedures after receiving a sworn complaint about a residential builder or remodeler: a. When the Board receives sworn charges as set forth in Miss. Code Ann. § 73-59-13(2), the Board shall deliver to the accused a letter, via regular mail, outlining the charges and requesting the accused to respond, in writing, to the charges within ten (10) days after receipt of the letter. b. If the accused fails to respond timely, the Board shall deliver to the accused a second letter, via certified mail, return receipt requested, outlining the charges and requesting the accused to respond, in writing, to the charges within ten (10) days after receipt of the letter. c. If the accused responds timely to either letter set forth above, the Board shall investigate the matter and may issue a formal complaint and Notice of Hearing against the accused and cause a hearing to be held as set forth in Miss. Code Ann. § 73-59-13(2) and these rules. d. If the Board determines that there is reasonable cause to believe a complaint is valid and not frivolous, it shall proceed with an appropriate investigation. Subsequent to the investigation and in the Board’s discretion, the Board shall cause a hearing to be held concerning the charges against the licensee. If the Board determines that such a hearing is necessary, a copy of the complaint and notice of hearing shall be served upon the licensee in person or by certified mail at the licensee’s last known address, not less than thirty (30) days prior to the date for the scheduled hearing. The Board shall render a decision within ninety (90) days of the close of the hearing and a copy of such written decision shall be presented to each party in person or by certified mail at their last known address. In any event, all requirements pertaining to hearings set forth in Miss. Code Ann. § 73-59-13, as amended, shall be followed. e. If the accused fails to respond timely to the second letter, then the Board shall deliver to the accused a formal Complaint along with a Notice of Hearing requesting the accused to respond to the charges and setting a hearing date no less than thirty (30) days from the date of service. The Notice of Hearing shall include the date and location of the hearing along with a requirement that the accused contact the Board no later than fifteen (15) days prior to the hearing to schedule a specific time for appearance at the hearing. Failure to contact the Board to schedule a specific time for appearance may result in the accused being heard only after all other scheduled matters have been addressed or not being heard on that scheduled date. f. If the accused fails to respond timely to the formal Complaint, then the Standing Committee and the Board may consider the charges set forth therein and all other available evidence in determining whether the accused is guilty of the charges filed. In

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the event the Board finds the accused guilty of the charges filed, it may impose any of the penalties set forth in Miss. Code Ann. § 73-59-13(5). g. Any request for a continuance must be made in writing and presented to the Chair of the Standing Committee at least fifteen (15) days prior to the scheduled hearing or, upon good cause shown, at any time prior to the hearing. Continuances will not be routinely granted. Instead, a party must show substantial, legitimate grounds for a continuance. Where scheduling conflicts are the basis for requesting a continuance, the party shall provide written proof of such conflicts in a timely manner as set forth herein. h. The Board shall notify the accused of any decision as set forth herein according to Miss. Code Ann. § 73-59-13(4). The accused shall have the right to appeal this decision as set forth in Miss. Code Ann. § 73-59-13(11). 2. All complaints and/or charges against a licensee shall be submitted to the Board on the proper forms provided by the Board. 3. All Board members shall refrain from formal interviews and/or comments in connection with a pending charge or complaint submitted to the Board. 4. Licensee shall within seven (7) days after final judgment, notify the Board of any adverse court decision in which the licensee was included. Source: Miss. Code Ann. §§ 25-43-3.101 - 25-43-3.115 (1972). Rule 2.2 Administrative Penalties 1. If the Standing Committee on Residential Builders and Remodelers determines that disciplinary action should be taken for a violation of law, then it shall consider at a minimum the following factors in determining the action to be taken: a. The willfulness of the violation; b. Any cost of restoration or abatement; c. Any economic benefit to the violator as a result of noncompliance; d. The seriousness of the violation, including any harm to the complainant or the public; and e. Any prior violation by the violator. 2. Failure to adhere to the rules and/or regulations of the Board shall constitute grounds for suspension or revocation and, in the Board’s discretion, monetary penalties pursuant to statutory authority.

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Source: Miss. Code Ann. § 73-59-13. Part 803 Chapter 3: General Rules Rule 3.1 Board Meetings If a regular or special meeting of the Board has been recessed to reconvene on a day and time fixed and ordered by the Board and entered upon its minutes, the recessed meeting thus held on the subsequent date shall be considered a part of and continuation of the regular meeting or special meeting, as the case may be, the same as if actions and proceedings then taken had been taken at the initial regular meeting date or special meeting date and any action authorized on such an initial date may be taken or continued and passed upon at the later date or dates. Source: Miss. Code Ann. § 73-59-11(f). Rule 3.2 Executive Director Neither the Executive Director, individually, nor the surety of the Executive Director’s official bond shall be held financially liable or responsible for any action taken by the Executive Director when acting under direct instructions from the Board as shown by the minutes of the Board. Source: Miss. Code Ann. § 73-59-11(f). Rule 3.3 Miscellaneous 1. Any of the foregoing Rules and Regulations of the Board shall not apply to contracts involving federal funds if in violation of federal requirements. 2. Any of the foregoing Rules and Regulations of the Board may be suspended and/or modified by a majority vote of the State Board of Contractors unless such suspension or modification is inconsistent with the general laws governing the Board and its operation provided that such suspension or modification is made in compliance with the provisions of the Mississippi Administrative Procedures Law, Miss. Code Ann. §§ 25-43-1.101 through 25-43-3.114, as amended. 3. Should the Board determine that an emergency exists because of an imminent threat to the public, it may thereby invoke rule actions with fewer than twenty-five (25) days’ notice in accordance with Miss. Code Ann. §25-43-3.108. In any such instances, the Board must state in writing its reasons for doing so. It may abbreviate or eliminate the rule action notice for a period of not longer than one hundred and twenty (120) days renewable one time for not more than ninety (90) days. After this time, the normal notice procedure would once again apply. 4. If any provision of any section of these Rules and Regulations or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provisions of that section or application of the Rules and Regulations which can be given effect without the

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invalid provisions or application, and to this end the provisions of these Rules and Regulations are declared to be severable. 5. Anyone may obtain public information from, or make submissions or requests to, in writing or orally, the Executive Director of the Board, whose office is located at2679 Crane Ridge Drive, Suite C, Jackson, MS 39216, telephone no. (601) 354-6161, during regular office hours between 8 a.m. and 5 p.m. Monday through Friday. 6. These Rules and Regulations shall become effective thirty (30) days after promulgation and filing with the Secretary of State. Source: Miss. Code Ann. § 73-59-11(f). Rule 3.4 Fee Schedule The following is a list of all pertinent fees as charged by the Mississippi State Board of Contractors: Commercial Application (1 classification)

$400.00*

Commercial License - Additional Classification

$100.00**

Commercial License Renewal

$400.00*

Commercial License Renewal – Late Fee

$50.00

Commercial License – Name Change

$50.00

Commercial Fee (To make license Inactive)

$25.00

Commercial Fee (To reactivate license)

$25.00

Duplicate Commercial License Fee

$50.00

Reciprocity/Verification of License

$25.00

Residential Application

$50.00

Residential License Renewal

$100.00

Residential License Renewal – Late Fee

$10.00

Residential Fee (To make license Inactive)

$25.00

Residential Fee (To reactivate license)

$25.00

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Duplicate Residential License Fee

$50.00

Request for Waiver of Exam

$50.00

Request for Oral Examination

$50.00

Request for Change in Qualifying Party

$25.00

Public Information Requests (charge for copying records)

$0.50/pg.

Public Information Requests (administrative time/shipping & handling)

$25.00

Mailing List (all active contractors)

$500.00

Returned Check Fee

$40.00

Source: Miss. Code Ann. §§ 31-3-13(f) and 73-59-11(f).

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