Mississippi Administrative Code

1. The licensee shall undertake to perform assignments only when qualified by education or experience in the specific discipline involved. The licensee may accept an assignment requiring education or experience outside his area of competence, but only to the extent that his servi…

1. The licensee shall be completely objective and truthful in all professional reports, statements or testimony. He shall include all relevant and pertinent information in such reports, statements or testimony. 2. The licensee, when serving as an expert or technical witness befor…

1. A conflict of interest is avoidable. A licensee shall not represent a client if the licensee's ability to consider, recommend, or carry out a course of action on behalf of the client could be adversely affected by the licensee's responsibilities to another client or to a third…

1. The licensee shall not offer to pay, either directly or indirectly, any commission, political contribution, gift, or other consideration in order to secure work, except when the licensee is securing salaried positions through employment agencies. 2. The licensee shall not fals…

The licensee shall contribute to the maintenance, integrity, independence and competency of the engineering and/or surveying profession as follows: 1. The licensee shall not violate any provision of Mississippi Law regulating the practice of engineering and surveying; 2. The lice…

The licensee shall be responsible for maintaining good character and reputation. Suspension of a certificate of licensure by another jurisdiction, becoming a habitual drunkard, being grossly immoral, or addicted in the use of narcotics, being finally adjudged insane, or incompete…

A licensee's refusal to accept or receive, or a licensee's failure to timely respond to, (a) an order of the Board or (b) a request in writing from the Executive Director, the Board's attorney or a Board member, provided such request is made within the scope of responsibility of …

A licensee shall notify the Board in writing by mail, fax, or email within 30 days of any change in the licensee's mailing address of record. Notes 30 Miss. Code. R. 901-17.9 Miss. Code Ann. § 73-13-15

For the purposes of this rule, "charge" refers to any allegation brought to the Board against a licensee or other person relating to a violation of the Law or the Rules and Regulations. Charges may be preferred by anyone who believes that a violation may have occurred. 1. Except …

Upon a finding that the accused has violated any enumerated provision of Title 73, Chapter 13 or any rule adopted pursuant to Title 73, Chapter 13, the Board may censure; reprimand; admonish; require the completion of a course in ethics and/or additional education as approved by …

The Board 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. Notes 30 Miss. Code. R. 901-18.11 Miss. Code Ann. § 73-13-15

Any person aggrieved by the action of the Board as a result of disciplinary proceedings conducted hereunder may appeal therefrom as provided for in Section 73-13-37(10) Mississippi Code Annotated (1972). Notes 30 Miss. Code. R. 901-18.12 Miss. Code Ann. § 73-13-15

Upon the filing of charges or information in accordance with Rule 18.1, the executive director shall refer them to a designated Board member. If the charges or information are first made by or through a Board member and if the executive director makes a determination that the Boa…

1. Complaints, Summons, and Notice of Hearing - For the purposes of this rule, "complaint" refers to the formal documents issued by the Board to initiate a disciplinary hearing. The complaint is based on prior investigation of charges or information and shall set forth a statemen…

A Board member shall not be entitled to participate in any disciplinary action if the Board determines that such a Board member is personally biased against the accused. Notes 30 Miss. Code. R. 901-18.4 Miss. Code Ann. § 73-13-15

Any accused in a disciplinary proceeding may assert conflict or bias by filing with the Executive Director at least three days before the scheduled disciplinary hearing an affidavit asserting the disqualification together with specific details of the underlying factual bias for t…

The recusal or disqualification of Board members shall be considered on the record as a preliminary matter at the hearing before any other questions are decided. In the event that after said consideration there does not remain a quorum, substitute panel members shall be selected …

1. Pre-hearing discovery shall be permitted in accordance with this rule to the extent necessary to prevent fraud, conserve the Board's time, prevent undue surprise at hearing, protect persons from annoyance, embarrassment, or undue burden or expense, and promote the ends of just…

Upon timely notice the following discovery may be allowed or ordered by the designated Board member. 1. Deposition upon oral examination under oath of any party, material witness or expert witness. The cost of such deposition shall be borne by the requesting party. a. The request…

1. Conduct of Hearing a. Hearing Examiner - The Board may, in its discretion, appoint some person to act as hearing officer at disciplinary hearings. In the event a hearing officer is appointed, such officer shall preside at the hearing and shall rule on all questions of evidence…

Any person whose licensure or enrollment has been revoked may not apply to the Board for reinstatement of the licensure or enrollment until two years have elapsed since the final, effective date of revocation, except a person convicted of a crime of moral turpitude in which case …

Upon receipt of such application, the Board shall grant a hearing on reinstatement, at which time the applicant may appeal to the Board for reinstatement of the licensure or enrollment. Notes 30 Miss. Code. R. 901-19.2 Miss. Code Ann. § 73-13-15

Applicable Mississippi Law provides for definitions of the following terms: 1. Board 2. Engineer or Professional Engineer 3. Engineer Intern 4. Practice of Engineering 5. Professional Surveyor 6. Surveyor Intern 7. Surveying 8. Practice of Surveying Notes 30 Miss. Code. R. 901-2.…

The terms "licensure" and "enrollment" as set forth in the Law, shall be defined as: 1. Enrollment is the official recognition by the Board of the applicant's successful completion of requirements to become an engineer intern or surveyor intern. 2. Licensure is the official recog…

The term Retired shall mean a person who meets the requirements of Rule 7.1. Notes 30 Miss. Code. R. 901-2.3 Miss. Code Ann. § 73-13-15 Amended 4/15/2017 Amended 1/1/2020

The terms "consultation, investigation and evaluation" as used in the definition of the practice of engineering set forth in the Law, shall include, but are not limited to the following: 1. services involving the selection of proper tests to be performed for the purpose of develo…

The term "gross negligence" as used in the Law shall mean the practice of engineering or surveying by a licensee characterized by reckless disregard for the rights, safety, or welfare of others, which could result in injury or damage to life or property or financial loss. Notes 3…

The term "incompetency" as used in the Law shall mean the practice of engineering or surveying by a licensee who is either incapable of exercising ordinary care and diligence or who lacks the ability and skill necessary to properly perform the duties undertaken. Notes 30 Miss. Co…

The term "misconduct" as used in the Law shall mean the practice of engineering or surveying by a licensee who performs any acts, causes omissions or makes any assertions or representations which are fraudulent, deceitful, or misleading, or which in any manner whatsoever discredi…

The terms "under his direction"...,"under the direction" and the terms "under his direct supervision" and "under his responsible supervisory control" will be construed by this Board to mean that the professional engineer or professional surveyor providing such supervision shall h…

The term "responsible charge" shall mean direct control and personal supervision of engineering work or surveying work done by oneself or by others over which the professional engineer or surveyor exercises supervisory authority under an employer-employee relationship. Notes 30 M…

If for any reason any section, paragraph, clause or part of these Rules and Regulations of Procedure shall be held unconstitutional, or invalid, that fact shall not affect or destroy any other section, paragraph, clause or part of any rule or regulation not in and of itself inval…

Whenever a survey is performed, it shall comply with Section 73-13-71(4) and Section 73-13-73 and the Standards of Practice for Surveying in Mississippi as described below. Types of surveys shall include, but not be limited to the following as described: 1. Boundary Survey, Route…

Attesting to Quality and Responsibility for Surveys To provide the client with the assurance that the work was performed under the direct supervision of a licensee, and was performed to a certain standard, documentation shall be sealed and signed by the licensee in responsible ch…

The boundary, route, easement, and lease survey plat shall conform to the following requirements and shall include the following information: a. The plat shall be displayed on any reasonably stable and durable drawing paper, vellum, linen, or film of reproducible quality. No plat…

Licensees failing to meet these standards of practice will be subject to appropriate disciplinary action by the Licensure Board. Notes 30 Miss. Code. R. 901-21.4 Adopted 8/1/2015 Amended 4/15/2017

Changes or amendments to these rules will be made as deemed necessary by the Board and will be adopted in accordance with the Administrative Procedures Act of the State of Mississippi. Notes 30 Miss. Code. R. 901-22.1 Miss. Code Ann. § 73-13-15

1. Introduction a. The purpose of the continuing professional competency requirement (CPC) is to insure a continuing level of competency of Professional Engineers and/or Professional Surveyors in their respective fields of engineering and/or surveying practice. b. Every licensee …

1. All applications for examination or licensure shall be made on forms provided by the Board. Applications must be clearly typewritten in black suitable for copying and scanning. 2. All questions must be answered, except as otherwise specified. 3. An application not properly com…

Applications may be approved; deferred for more experience or additional references or other reasons; closed; or denied. 1. Approved applications a. When an application is approved by the Board for citation to an examination, the applicant shall be notified by the Executive Direc…

An applicant not otherwise prohibited by the Board may reapply Notes 30 Miss. Code. R. 901-3.11 Miss. Code Ann. § 73-13-15 Amended 1/1/2020

1. Retention Schedule - In accordance with the following retention schedule, records will be retained on file in the Board office for the period indicated: a. Professional Engineer or Surveyor - seventy-five (75) years or until seven (7) years after the death of the licensee, whi…

1. Withholding of information, misrepresentations, or untrue statements will be cause for denial of an application. 2. Persons who have been previously disciplined by the Board shall appear before the Board and show cause why they should be accepted as an applicant for licensure …

For paper-and-pencil examinations, all applications shall be filed with the Board by December 15 for examinations administered April and by June 15 for the October examination administration. Applications received after these dates will be processed for the next scheduled examina…

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 issuance. It is the responsibility of the applicant to see that such record is sent directly fr…

In relating experience, an applicant must account for the entire period of time which has elapsed since the beginning of the experience record. Notes 30 Miss. Code. R. 901-3.5 Miss. Code Ann. § 73-13-15 Amended 1/1/2020

Undergraduate students and graduate students enrolled in an ABET/EAC accredited Engineering curriculum at the University of Mississippi, Mississippi State University or Jackson State University shall apply for the FE examination in accordance with the process established by the B…