30 Miss. Code. R. 202-1.13 - Licensure of Members of the Military, Spouses and Dependents of Members of the Military, and Persons Who Establish Residence in This State

A. Notwithstanding any other provision of law or the Rules and Regulations of the Board, the Committee shall issue a license to an applicant who is a member of the military, an applicant who is married to or is a dependent of a member of the military, or a person who establishes residence in this state, if, upon application to the Committee, the applicant satisfies the following conditions:

1. The applicant has been awarded a military occupational specialty in landscape architecture, completed a military program of training, completed testing or equivalent training and experience, and performed in the occupational specialty; or

2. The applicant holds a current and valid license to practice landscape architecture in another state, has held this license from the occupational licensing board in the other state for at least one (1) year, and, in the case of a person who establishes residence in this state, there were minimum education requirements and, if applicable, work experience and examination requirements in effect, and the other state verifies that the applicant met those requirements in order to be licensed in that state; and

3. 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 landscape architecture in Mississippi at the time the act was committed, the occupational licensing board in the other state holds the applicant in good standing, and the applicant does not have a disqualifying criminal record as determined by the Committee under Mississippi law; and

4. The applicant did not surrender a license because of negligence or intentional misconduct related to the applicant's landscape architectural work in another state; and

5. 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 Committee 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 Committee; and

6. The applicant pays all applicable fees in Mississippi.

B. Notwithstanding any other law or the Rules and Regulations of the Board, the Committee shall issue a license to an applicant who is a member of the military, an applicant who is married to or is a dependent of a member of the military, or a person who establishes residence in this state upon application based on work experience in another state, if all the following apply:

1. The applicant worked in a state that does not use a license, certificate, or registration to regulate landscape architecture; and

2. The applicant worked for at least three (3) years in the practice of landscape architecture; and

3. The applicant satisfies the provisions of paragraphs (3) through (6) of subsection (A) of this rule.

C. To demonstrate the above requirements, applicants shall furnish the following documents to the Committee:

1. Applicants awarded a military occupational specialty in landscape architecture shall provide:

a. proof that the applicant is a member of the military or a military spouse or dependent; and

b. an official CLARB Council Certificate and Record or official military documents describing the content, nature, and requirements of the military training program in landscape architecture and evidence of the applicant completing and passing such program; and

c. a sworn statement or statements by superior officers of the applicant attesting that the applicant has satisfactorily engaged in the active practice of landscape architecture in the military; and

d. a description of landscape architectural projects completed by the applicant and samples of construction documents prepared by the applicant; and

e. official military documents showing that the applicant received an honorable discharge from the military (if applicable); and

f. other documentation consistent with Miss. Code Ann. §73-50-1 which may be requested by the Committee to verify the applicant's training and experience.

2. Applicants holding a current and valid license in another state shall provide:

a. proof that the applicant is a member of the military or a military spouse or dependent; or

b. proof of residency in Mississippi, to be demonstrated by one (1) of the following:

1. State-issued identification card; or

2. Current Mississippi residential utility bill with the applicant's name and address; or

3. Documentation of the applicant's current ownership, or current lease of a residence in Mississippi; or

4. Documentation of current in-state employment or notarized letter of promise of employment of the applicant or his or her spouse; or

5. Any verifiable documentation demonstrating Mississippi residency.

c. an official CLARB Council Certificate and Record, or an official record from the state of licensure, describing the applicant's qualifications and verifying completion of the state's education, experience, and examination requirements; and

d. an official CLARB Council Certificate and Record, or an official record from the state of licensure, verifying that the applicant has held this license from the occupational licensing board in the other state for at least one (1) year and holds the applicant in good standing; and

e. other documentation consistent with Miss. Code Ann. §§73-50-1 and 7350-2 which may be requested by the Committee to verify the applicant's education, experience, and examination.

3. Applicants applying based on work experience in another state that does not use a license, certificate, or registration to regulate landscape architecture shall provide:

a. proof that the applicant is a member of the military or a military spouse or dependent; and

b. sworn statements attesting that the applicant has satisfactorily engaged in the active practice of landscape architecture for at least three (3) years preceding the date of the application; and

c. a description of landscape architectural projects completed by the applicant and samples of construction documents prepared by the applicant; and

d. other documentation consistent with Miss. Code Ann. §§73-50-1 and 7350-2 which may be requested by the Committee to verify the applicant's experience.

D. The Committee shall issue or deny the license to an applicant who is a member of the military, an applicant who is married to or is a dependent of a member of the military, or a person who establishes residence in this state, within one hundred twenty (120) days after receiving an application. If the application requires longer than two (2) weeks to process, the Committee shall issue a temporary practice permit within thirty (30) days after receiving the application if the applicant submits an affidavit, under penalty of perjury, affirming that he or she satisfies the provisions of this rule. The applicant may practice under the temporary permit until a license is granted, or until a notice to deny the license is issued. A temporary license will expire in three hundred sixty-five (365) days after its issuance if the applicant fails to satisfy the requirements for licensure in this rule.

Notes

30 Miss. Code. R. 202-1.13

Miss. Code Ann. §§73-2-11, 73-50-1, and 73-50-2

Amended 12/6/2015 Amended 9/17/2021 Amended 4/28/2022