Mississippi Administrative Code

A. Registrant's typeset name should be immediately followed by a comma, one blank space, and the designation "RPG" with no periods. B. 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.…

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. B. Seal of the registrant to appear near their name (jpg or similar digital format) provided that the typesetting space allows r…

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…

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 …

Unless exempted under § 73-63-1et 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 t…

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 charg…

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 miscond…

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. 1101-12.10 Miss. Code Ann. § 73-63-17(a); § 73-63-43 et seq.

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). Notes 30 Miss. Code. R. 1101-12.11 Miss. Code Ann. § 73-63-17(a); § 73-63…

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…

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 char…

A Board member shall not be entitled to participate in any disciplinary action if such Board member is biased against the accused. Notes 30 Miss. Code. R. 1101-12.4 Miss. Code Ann. § 73-63-17(a); § 73-63-43 et seq.

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 deta…

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. Notes 30 Miss. Code. R. 1101-…

There shall be no pre-hearing discovery. Notes 30 Miss. Code. R. 1101-12.7 Miss. Code Ann. § 73-63-17(a); § 73-63-43 et seq.

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. Notes 30 Miss. Code. R. 1101-12.8 Miss. Code Ann. § 73-63-17(a); § 73-63-43 et seq.

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 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. Notes 30 Miss. Code. R. 1101-13.1 Miss. Code Ann. § 25-43-2.10…

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. Notes 30 Miss. Code. R. 1101-13.2 Miss. Code Ann. § 25-43-2.1…

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 review…

The Purpose of this rule is to inform the public of all informal proceedings available to the public. Notes 30 Miss. Code. R. 1101-14.1 Miss. Code Ann. § 25-43-2.104(b); § 73-63-17(a)

This rule establishes information on all MSBRPG proceedings Notes 30 Miss. Code. R. 1101-14.2 Miss. Code Ann. § 25-43-2.104(b); § 73-63-17(a)

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.m…

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 § 25-43-3.104. Notes 30 Miss. Code. R. 1101-15.1 Miss. Code Ann. § 25-43-3.104; § 73-63-17(a)

This rule establishes the process through which the MSBRPG will set and, as necessary, conduct public hearings. Notes 30 Miss. Code. R. 1101-15.2 Miss. Code Ann. § 25-43-3.104; § 73-63-17(a)

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. A public hearing is required if, during the first 20 business days o…

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. Notes 30 Miss. Code. R. 1101-15.4 Miss. Code Ann. § 25-43-3.104; § 73-63-17(a)

A. Public Hearings must be open to the public. B. The Executive Director/Board Administrator will preside at the proceeding and will be responsible for answering all questions regarding the rule. C. The Executive Director/Board Administrator may issue rules for conduct of oral pr…

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. B. This material will be available for public inspection and copying as part of the Rule-Making Recor…

These sections set forth the MSBRPG's procedures regarding the requests for Declaratory Opinions, as required by Mississippi Code § 25-43-2.103. Notes 30 Miss. Code. R. 1101-16.1 Miss. Code Ann. § 25-43-2.103; § 73-63-17(a)

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 an…

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. B. The Executive Director/Board Administrator will then forward the request and opinion t…

Declaratory Opinions will be prepared by the Executive Director/Board Administrator. Notes 30 Miss. Code. R. 1101-16.2 Miss. Code Ann. § 25-43-2.103; § 73-63-17(a)

Any person with a substantial interest in the subject matter may request the MSBRPG for a declaratory opinion by following the specified procedures. Notes 30 Miss. Code. R. 1101-16.3 Miss. Code Ann. § 25-43-2.103; § 73-63-17(a)

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. B. The MSBRPG will not issue a declaratory opinion regarding a…

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…

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 t…

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 th…

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 a…

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 w…

These sections set forth the procedures for making the MSBRPG Orders available to the public as required by Mississippi Code § 25-42-2.102. Notes 30 Miss. Code. R. 1101-17.1 Miss. Code Ann. § 25-42-2.102; § 73-63-17(a)

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 confidentialit…

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 B. T he burden of proof is on the MSBRPG No…

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 82 x 11 inches in si…

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 Ad…

An applicant not otherwise prohibited by the Board may reapply. Notes 30 Miss. Code. R. 1101-2.11 Miss. Code Ann. § 73-63-17(a); § 73-63-27 Adopted 7/14/2023

A. 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 retain…