Miss. Code. tit. 30, pt. 1001, ch. 12 - Procedure for Handling Complaints

The following policies and procedures shall control complaints, denied licenses, and hearings of the Mississippi Board of Registration for Foresters (BORF).

Policies:

1. The BORF will receive only written complaints or charges against a Registered Forester or any person practicing forestry without a license. All charges shall be made on forms prescribed by the Board, which are available from the Board. The information required includes the name and address of the Complainant and the Respondent, a concise statement of the complaint or charges with facts supporting the allegation that a violation has occurred. The Complaint must be signed and notarized.

2. When a properly submitted complaint is received at the Board's Jackson office, the date of its receipt shall be noted on the Complaint. A letter shall be sent to the Complainant acknowledging receipt of the complaint. A copy of the complaint shall be sent to the Chairman of the Complaint Committee (COCC) and the Chairman of the Board. A decision will be made as to the validity of the complaint and whether the evidence constitutes specific violation of the Law, Board Regulations and Policies, or Code of Ethics, and whether to proceed.

3. If the COCC and the Chairman of the Board both agree that no action should be taken on the complaint, said decision shall be noted in the file, and reasonable effort shall be made to notify the Complainant. The Complainant may re-submit the complaint with additional information for reconsideration. Any re-submitted complaint shall be handled in the same manner as the first complaint.

4. Where it is deemed there is sufficient evidence of a violation of the Law, Board Rules and Policies, or Code of Ethics, the Respondent and the Complainant will be notified. Copies of the Complaint shall be mailed to the Board members and the COCC shall make reasonable effort to poll each Board member as to whether to proceed further. If the number of members contacted constitutes a quorum and a majority of those favor further action, then the Board shall proceed by notifying the Respondent in writing of the allegations and of an opportunity to appear before the Board and respond to the allegations at least ten (10) days prior to said meeting of the Board.

5. At the conclusion of hearing the facts presented to the Board, the Board shall determine what, if any, action is needed and may conduct additional investigation. The Board may dismiss the complaint or advise the alleged offender in writing to cease and desist practicing forestry without a license and/or recommend the steps necessary to achieve compliance with the law. If the Board receives a subsequent complaint that the offender is not complying with the Board's decision or if the Board has reason to believe that the offender is not or will not comply, the Board may immediately turn the case over to the appropriate authorities for possible prosecution.

6. Hearings and proceedings' will be designed to give the accused the right to be heard in a fair and impartial hearing.

7. The Chairman or Senior Board Member present, will be the presiding officer and will rule on all objections and motions, subject to the Board's approval. The Board's attorney from the Attorney General of the State of Mississippi will be present at the discretion of the Board.

8. The Board is not bound by strict rules of evidence and shall admit all relevant materials into evidence, except evidence that is unduly repetitious.

9. All hearings are open to the public. However, public members may not participate nor be present for Executive Sessions.

10. The Chairman will subpoena all witnesses for the Board or the Respondent when requested.

11. The Complainant and Respondent have the right to appear either personally, by Counsel, or both, to produce witnesses, cross-examine witnesses and have subpoenas issued by the Board.

12. If either party fails to appear at the hearing, such party shall be deemed to have had the right to an oral hearing in proceeding, unless the absence is justified with good cause being shown.

13. All Board Members at the hearing have an obligation to actively participate and contribute to all proceedings.

14. All Board decisions will be made in Executive Session.

15. A copy of this Board Policy and Procedures will be supplied to the Complainant and Respondent along with the notification of the hearing.

16. The decision of the Board to suspend or revoke the license of the Registered Forester or to deny the issuance of a license or to cease and decease by a non-licensed individual shall be based on substantial evidence.

17. Any applicant denied a license for any reason shall at the applicants request be given a hearing before the Board with such hearing being conducted at a regular Board meeting.

Notes

Miss. Code. tit. 30, pt. 1001, ch. 12