Title 30 professions and occupations part 2401

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Title 30: Professions and Occupations

Part 2401: Administrative Law

Part 2401 Chapter1: Rules and Regulations Adopted by the Mississippi State Board of Funeral Service on June 07, 1984, as amended March 17, 1997

Rule 1.1 Definitions. As used herein, words and phrases shall have the meaning ascribed to such words and phrases by these Rules and Regulations and/or Title 73, Chapter 11 of the Mississippi Code of 1972, as amended.

Source: Miss. Code Ann. ?73-11-41(Supp. 2011); and Miss. Code Ann. 73-11-49(7)(Rev. 2008).

Part 2401 Chapter 2: General Provisions

Rule 2.1 The Chair, Vice-Chair, and Secretary-Treasurer shall serve as the Executive Committee and shall act on the Board's behalf subject to the approval of the Board.

Source: Miss. Code Ann. ?73-11-49(1) and (7) (Rev. 2008).

Rule 2.2 The Chair of the Board shall preside at all meetings of the Board unless otherwise Ordered, and he shall exercise and perform all duties and functions incident to the office of Chair of the Board.

Source: Miss. Code Ann ?73-11-49(7)(Rev. 2008).

Rule 2.3 The Vice-Chair shall serve in the absence of the Chair and shall otherwise aid and assist the Chair.

Source: Miss. Code Ann ?73-11-49(7)(Rev. 2008).

Rule 2.4 The Board shall, annually, at its first regular meeting of the fiscal year, or as soon thereafter as practicable, elect officers from the members of the Board, which officers shall serve one year or until their successors are elected and qualified.

Source: Miss. Code Ann ?73-11-49(1) and (7) (Rev. 2012).

Rule 2.5 The Executive Director of the Board shall have complete supervision and be held responsible for the Direction of the office of the Board and shall have supervision over filed inspections and enforcement of the provisions of Sections 73-11-41 et. seq.. of the Mississippi Code Annotated 1972, as amended, and the rules and regulations of the Board and shall be responsible and answerable to the Board. Such responsibilities shall include timely dissemination of information as to the practice of funeral service and funeral directing and where facts on the legal facets can be obtained and who to contact to make inquiry or register a

complaint. The Board shall keep a record of all meetings of the Board.

Source: Miss. Code Ann ?73-11-49(4), (7) and (8)(Rev. 2012); and Miss. Code Ann. ?25-4111(Rev. 2010).

Rule 2.6 Roberts Rules of Order, Revised, shall be the authority for settlement of disputes of parliamentary procedure.

Source: Miss. Code Ann ?73-11-49(7)(Rev. 2012).

Rule 2.7 PUBLIC RECORDS All public requests to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of the Mississippi State Board of Funeral Service (Board) must be submitted in writing to: the Executive Director, Mississippi State Board of Funeral Service, 3010 Lakeland Cove, Suite W, Flowood, Mississippi 39232. This rule is not intended to apply to any record or other document, which is exempted or privileged under the provisions of the Mississippi Public Records Act.

The written request must be typed or clearly hand printed on a letter size piece of paper and must specify in detail the public record(s) sought. The request must include a description of the type of record, dates, title of a publication, and other information which may aid in locating the record. No verbal or telephone requests for records will be accepted.

Under the Public Records Act, documents that are exempt from public access to records include, but are not limited to, personnel records, appraisal records, attorney communications and work products of attorneys, academic records, third party confidential commercial or financial information, licensure applications and examination records, and individual tax records.

Within seven (7) working days of the Board's receipt of a public records request, the Board shall review same and determine whether the records sought are exempt or privileged by law and shall either: i) produce the records; ii) allow access to records; iii) if the request is unclear or does not sufficiently identify the record sought, request clarification from the requestor; or iv) deny access to or production of the records sought. If the Board is unable to produce a public record by the seventh working day after the request is received, the Board will provide the requester with a written explanation stating that the record requested will be produced and specify the reason why the records cannot be produced within the seven-day period. Unless there is mutual agreement between the Board and the requester, the date for production of the requested record will be no later than fourteen (14) working days from the Board's receipt of the original public record request.

When a request for information is made for documents furnished to the Board by a third party, the Board will give notice of the request to the third party as required by the Public Records Act. Such third party information will not be released without the prior written consent of the third party authorizing the release of the information and/or until the third party has been provided with notice of the public records request and an opportunity to seek a court order protecting such records from public review. No third party information will be released by the Board if the third

party obtains a court order prohibiting the disclosure of such information.

When possible, nonexempt material will be separated from exempt material and only the exempt material will be withheld from disclosure by the Board.

If the Board determines that the records requested are exempt or privileged under the law, the request shall be denied and the person making the request will be provided a statement of the specific reasons for the denial. Such denials shall be kept on file for inspection by any person for three (3) years from the date such denials are made.

Public records of the Board are available for inspection and copying or reproduction during regular office hours (8:00 a.m. through 5:00 p.m., Monday through Friday) by appointment. All inspection, copying or mechanical reproduction of records must be done in the office of the Board. The time, place and manner of inspection and reproduction or copying will not be allowed to interfere with the official duties of the Board. The Board will not allow its records to be taken from the Board office.

The requester must pay the Board in advance all reasonably estimated costs of searching, obtaining from storage, reviewing, shipping and/or duplicating the requested records. Such payment must be sufficient to cover the actual costs to the Board of complying with the public records request. There shall be a charge of $1.00 per page for each copy. Copies printed on both sides (front and back) shall be considered as two (2) pages for copy charge purposes. Mailing cost shall be calculated at the applicable rate for each such mailing. If the request involves notice being given to a third party, the cost of mailing such notice to the third party shall be charged to the requester. Cost of obtaining records from any state storage facilities and the search for the records shall be charged to the requester. If the actual cost of a public records request exceeds the estimated cost provided to the requester, the requester will be required to pay the Board the difference between the amounts paid in advance by the requester and the actual cost of supplying the record to the requester.

Payment by the public records requester must be made by money order or certified check.

The Board has also established a schedule of standard fees for frequently requested documents and information, directory or labels of licensees, and electronically accessible data.

Source: Miss. Code Ann ??73-11-49(7) and 73-11-56(Rev. 2012); and Miss. Code Ann. ??2561-2, 25-61-5 and 25-61-7(Rev. 2010)

Rule 2.8 The Board shall cause to be printed all forms required by Sections 73-11-41 et. seq. of the Mississippi Code Annotated, 1972, as amended, and the rules and regulations of the Board. All notices required to be mailed shall be directed to the most recent address of the person or party appearing in the records at the Board office.

Source: Miss. Code Ann. ??73-11-49(7), 73-11-51(5), (7) and (8) and 73-11-57(2)(Rev. 2008 & 2012 & Supp. 2014).

Rule 2.9 Special meetings of the Board may be called by the Chair at anytime. Special meetings may also be called upon the written request of four (4) members, which request must specify the purpose of the meeting, and the Chair then shall call such a meeting. The Board shall cause notice of such special meeting to be given in a time and manner consistent with state law.

Source: Miss. Code Ann. ?73-11-49(7) (Rev. 2012); and Miss. Code Ann. ?25-41-13(Rev. 2012 & Supp. 2014).

Rule 2.10 REPORTING TO THE BOARD In addition to any other requirement of the Board's rules or any statute pertaining to the funeral establishments and/or funeral service or funeral directing licensees, the following must be received, in writing, in the Board's office within fourteen (14) calendar days of the effective date of the change:

(a) change in ownership of a funeral establishment;

(b) change of location of a funeral establishment;

(c) change in the identity of the licensee-in-charge of the funeral establishment;

(d) change in the identity of the individual sponsoring an apprentice;

(e) change in the licensed funeral establishment employing an apprentice;

(f) a conviction of a felony or of any misdemeanor involving fraud, dishonesty or moral turpitude. As used herein, conviction shall include a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere.

Rule 2.11 Every funeral service licensee, funeral director and apprentice shall report to the Board in writing any change of his or her principal place of business and/or address of record no later than fourteen (14) calendar days after the change has occurred.

Source: Miss. Code Ann. ?73-11-49(7) (Rev. 2012).

Part 2401 Chapter 3: Practice of Funeral Service and Funeral Directing

Rule 3.1 When the applicant for license for the practice of funeral directing or funeral service has complied with all requirements of Sections 73-11-51 of the Mississippi Code Annotated, 1972, as amended, and all rules and regulations of the Board concerning licensing, he shall be entitled to receive the license for which he is entitled.

Source: Miss. Code Ann. ??73-11-49(7) and 73-11-51(Rev. 2008).

Rule 3.2 All applications must be submitted to the Board office, on forms furnished by the Board, and accompanied by the appropriate fee and supporting documentation, as set by the

Board. Applications for licensing must be received by the Board office thirty (30) calendar days prior to the date of the next scheduled board meeting.

Source: Miss. Code Ann. ??73-11-49(7) 73-11-51(5), (7) and (8 )and 73-11-56(Rev. 2012 & Supp. 2014)

Rule 3.3 The Board may require applicants for licensure to personally appear before the Board at the time the application is scheduled to be considered. An applicant for licensure as a funeral director must attain a passing score of at least seventy-five percent (75%) on the Funeral Service Arts Examination administered by the National Conference of Funeral Service Examining Boards.

An applicant for funeral service licensure must attain a passing score of at least seventy-five percent (75%) on each section of the examination, the Funeral Service Science Examination and the Funeral Service Arts, administered by the National Conference of Funeral Service Examining Boards.

Any examination fee which may be required shall be paid directly to the National Conference of Funeral Service Examining Boards.

Source: Miss. Code Ann. ??73-11-49(7) and 73-11-51(2), (3) (d) and (4) (e) (Rev. 2012 & Supp. 2014).

Rule 3.4 No applicant for license for the practice of funeral directing will be allowed to take the State Board Examination prepared by the National Conference of Funeral Service Examining Boards unless he or she has successfully completed all the requirements as set forth in Section 73-11-51(3) of the Mississippi Code of 1972, as amended. The Executive Director of the Board may issue a temporary funeral service or funeral directing work permit before a permanent license is granted prior to the next regular meeting of the Board if, in the Executive Director's opinion, the applicant has met all requirements set forth in Section 73-11-51 of the Mississippi Code of 1972, as amended. The temporary permit shall expire at the next regular meeting of the Board, unless the permit is extended in accordance with Rule 3.5 of these Rules and Regulations.

Source: Miss. Code Ann. ??73-11-49(7), 73-11-51and 73-11-56 (Rev. 2012 & Supp. 2014)

Rule 3.5 Extension of Permit A permit may be extended upon written request, prior to expiration and upon a showing of good cause. The Executive Director is authorized to grant extensions of time not to exceed ninety (90) days per extension. Not more than two (2) extensions of time will be granted for any permit.

Source: Miss. Code Ann. ??73-11-49(7), 73-11-51 and 73-11-56(Rev. 2012 & Supp. 2014)

Rule 3.6 No funeral service or funeral directing license shall be issued or renewed for a period exceeding two (2) years and all licenses and renewals thereof shall expire and terminate the last

day of June every two (2) years, unless sooner revoked or canceled.

Source: Miss. Code Ann. ??73-11-49(7) and 73-11-51(8) (Rev. 2012 & Supp. 2014).

Rule 3.7 Each individual licensed by the Board shall prominently display his or her license at all times in a conspicuous location in such a manner that it may be seen by the general public at the funeral establishment where the licensee is employed or associated through contract or otherwise provides funeral services. In instances of multiple operations a funeral establishment, the license of personnel other than the licensee in may be displayed only at the principal site of employment. However, the licensee in charge of more than one establishment must display a duplicate photocopy of his or her license at each other establishment in which he or she is in charge.

Source: Miss. Code Ann. ?73-11-49(7) (Rev. 2012).

Rule 3.8 All persons holding a license for the practice of funeral service and funeral directing issued by the Board shall be issued a pocket certificate designating the type of license held and other such information as the Board deems necessary. The pocket certificate shall be carried on the person of the above mentioned licensee at all times he is performing the practice of funeral service or funeral directing in this state.

Source: Miss. Code Ann. ?73-11-49(7) (Rev. 2012).

Rule 3.9 Duplicate License 1. Upon the loss, mutilation, or destruction of any license issued by the Board, the person or party holding such license may apply to the Board for a duplicate.

2. The application shall be made on the form prescribed by the Board and accompanied by the appropriate fee

3. The application for duplicate license shall be accompanied by a statement signed under oath or penalty of perjury stating the details of the circumstances under which the license was lost, mutilated, or destroyed and bearing a certification that such license was, in fact, lost, mutilated, or destroyed.

Source: Miss. Code Ann. ??73-11-49(7) and 73-11-56(Rev. 2012).

Part 2401 Chapter 4: Funeral Establishment

Rule 4.1 GENERAL To be licensed by the Board, a funeral service establishment must meet the following minimum requirements: (1) Ownership. The establishment shall be operated by a sole owner, a partnership, a limited liability partnership, a limited partnership, a limited liability company, corporation, or a subsidiary of a corporation or other business entity authorized to do business in the State of Mississippi.

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