19 Miss. Code. R. 101-1.09 - Reciprocity
A. In accordance with Miss. Code §
45-11-253(b),
the MSCB may grant reciprocity to Mississippi fire fighters who possess valid
certification credentials issued by other approved fire service training
entities. Such reciprocity may allow direct entry into the MSCB certification
system or may require additional testing. A denial for reciprocity will require
the candidate to successfully complete all existing requirements for
certification.
1. Any candidate seeking
reciprocity must show evidence that all required training was completed prior
to employment with a Mississippi fire-fighting unit, or consisted of a course
not offered by the Mississippi State Fire Academy that was completed out of
state, or completed while serving in the armed forces. Fire service agencies
are prohibited from sending employees to out-of-state training entities for the
purpose of gaining individual MSCB certification through reciprocity.
2. Under this policy, Mississippi fire
personnel that possess valid certifications from fire service training entities
accredited by the International Fire Service Accreditation Congress (IFSAC)
shall be granted reciprocity and allowed direct entry into the MSCB
certification system. The MSCB also has discretion to grant reciprocity and
allow direct entry into the MSCB certification system for candidates with
certificates issued by out-of-state fire service training entities accredited
by other organizations which the MSCB deems sufficiently reliable to ensure
training in compliance with the minimum standards, however, if the Board does
not deem the accrediting organization sufficiently reliable, then candidates'
certificates shall be treated as being issued by non-accredited entities.
Candidates with certificates issued by non-accredited entities may seek MSCB
certification through an approved challenge testing system administered by the
Mississippi State Fire Academy. Upon successful completion of the examination
process, and proper submission of all required documentation, qualified
candidates shall be granted MSCB certification.
B. Alternate Reciprocity Process pursuant to
the Universal Recognition of Occupational Licenses Act:
1. Applicant Certified in Another State: The
Board shall issue MSCB certification to a person who establishes residence in
this state if, upon application to the Board, the applicant satisfies the
following conditions:
a. The applicant holds
a current and valid license or certificate in good standing in another state
authorizing them to engage on a full time basis as a fire fighter who delivers
fire suppression and rescue services, and that the applicant has held such
license / certification for at least one (1) year;
b. The other state where licensed / certified
had minimum education requirements and examination requirements in effect, and
the other state verifies that the applicant met those requirements in order to
be licensed / certified in that state; and
c. The applicant has not committed any act in
the other state that would have constituted grounds for refusal, suspension or
revocation of a license to practice that occupation in Mississippi at the time
the act was committed, and the applicant does not have a disqualifying criminal
record as determined by the MSCB under Mississippi law; and
d. The applicant did not surrender a license
because of negligence or intentional misconduct related to the applicant's work
as a fire fighter in the other state; and
e. The applicant does not have a complaint,
allegation or investigation pending before an occupational licensing board or
other board in another state that relates to unprofessional conduct or an
alleged crime. If the applicant has a complaint, allegation or investigation
pending, the MSCB shall not issue or deny a license to the applicant until the
complaint, allegation or investigation is resolved, or the applicant otherwise
satisfies the criteria for licensure in Mississippi to the satisfaction of the
MSCB; and
f. The applicant pays all
applicable fees in Mississippi.
2. Reciprocity Based Upon Work Experience in
Another State: The MSCB shall issue minimum standards certification to an
applicant who establishes residence in this state based on work experience in
another state, if all the following apply:
a.
The applicant worked in a state that does not use a license / certification to
regulate fire fighters who deliver fire suppression and rescue
services;
b. The applicant worked
for at least three (3) years in the lawful occupation on a full time basis;
and
c. The applicant has not
committed any act in the other state that would have constituted grounds for
refusal, suspension or revocation of a license to practice that occupation in
Mississippi at the time the act was committed, and the applicant does not have
a disqualifying criminal record as determined by the MSCB under Mississippi
law; and
d. The applicant did not
have his employment as a fire fighter terminated because of negligence or
intentional misconduct related to the applicant's work as a fire fighter in the
other state; and
e. The applicant
does not have a complaint, allegation or investigation pending before an
occupational licensing board or other board in another state that relates to
unprofessional conduct or an alleged crime. If the applicant has a complaint,
allegation or investigation pending, the MSCB shall not issue or deny a license
to the applicant until the complaint, allegation or investigation is resolved,
or the applicant otherwise satisfies the criteria for licensure in Mississippi
to the satisfaction of the MSCB; and
f. The applicant pays all applicable fees in
Mississippi.
3.
Jurisprudential Examination: For persons applying based upon another state's
licensing / certification or work experience, where the other state did not
utilize the National Fire Protection Association (NFPA) fire service
professional qualification standards, the MSCB may require candidates seeking
reciprocity to pass a knowledge and skills based examination to specifically
establish competency in NFPA 1001 Fire Fighter Professional Qualification
Levels I and II, which have been established by Miss. Code §
45-11-203
and 19 Miss. Admin. Code Part 101, Chapter 1, Rule
1.03, as the minimum knowledge and
skills based educational standard for fire fighters in Mississippi.
4. For persons applying for certification
under the alternate reciprocity provisions of the Universal Recognition of
Occupational Licenses Act, residence may be established by demonstrating proof
of a state-issued identification card or one (1) of the following:
a. Current Mississippi residential utility
bill with the applicant's name and address;
b. Documentation of the applicant's current
ownership or current lease of a residence in Mississippi;
c. Documentation of current in-state
employment or notarized letter of promise of employment of the applicant or his
or her spouse; or
d. Any verifiable
documentation demonstrating Mississippi residency.
5. The MSCB shall issue or deny the license
to the applicant within one hundred twenty (120) days after receiving an
application. An application shall be deemed "received" by the MSCB upon the
Board's receipt from the applicant all completed application documentation, to
include satisfactory evidence of compliance with all requirements of paragraphs
(B)(1) or (B)(2) herein, as may be applicable. Pursuant to Miss. Code §
45-11-203,
"no person shall be employed as a full-time fire fighter by any local
government fire fighting unit for a period exceeding one (1) year, nor for a
cumulative time exceeding two thousand eight hundred (2,800) compensated hours,
unless that person is certified as completing the mandatory training
requirements . . . ."
6. Appeal:
a. Applicants seeking reciprocity under the
Universal Recognition of Occupational Licenses Act may appeal any of the
following decisions of the MSCB to a court of general jurisdiction:
i. Denial of a license;
ii. Determination of the
occupation;
iii. Determination of
the similarity of the scope of practice of the license issued; or
iv. Other determinations under this
section.
b. The court
shall determine all questions of law, including the interpretation of a
constitutional or statutory provision or a rule adopted by the MSCB, without
regard to any previous determination that may have been made on the question in
any action before the MSCB.
Notes
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