| License Description |
Horticulturist and/or floriculturist Person receiving fees for landscaping and setting of plants or for the sale of any plants for which the seller contracts to render future services.
Definitions
400 For the purpose of these regulations, the following words, names and terms shall be construed within the meaning and purpose of Miss. Code Ann. Sections 69-19-1 through 69-19-11.
1. Act shall mean Miss. Code Ann. Sections 69-19-1 through 69-19-11.
2. Bonafide Employee shall be a person who receives all or part of his salary, pay or commission from a license holder and whose salary, pay or commission is regularly reported under Federal Social Security and/or income tax laws.
3. Bureau shall mean the Bureau of Plant Industry of the Mississippi Department of Agriculture and Commerce created under the provision of Miss. Code Ann Section 69-25-3.
4. Executive Secretary and/or State Entomologist shall mean the executive secretary and director and/or state entomologist of the Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce, as set forth in Miss. Code Ann Section 69-25-5.
5. Horticulturist and/or floriculturist shall mean a person receiving fees for landscaping and setting of plants or for the sale of any plants for which the seller contracts to render future services.
6. Licensed operator shall mean the person who shall be responsible for fulfillment of all services to be rendered by a company licensed to perform professional services covered by these regulations.
7. Person shall mean any individual, partnership, corporation, association, company or organized group of persons whether incorporated or not.
8. Professional Services shall mean any of the professional services performed as designated by the category listed under Subsection 403.02 of this chapter.
Source: Miss. Code Ann. §69-19-1.
Persons Required to Secure License
401 Horticulturists and/or floriculturists must secure a license from the Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce, in accordance with Miss. Code Ann Section 69-19-9. No person shall advertise in any manner to render professional services or solicit business within the meaning of the Act without first obtaining a license.
Source: Miss. Code Ann. §69-19-1.
License Application; Qualifications
402 Application for license shall be submitted on a regular form furnished by the Bureau in time to be approved ten (10) days prior to regularly scheduled examinations. No application for a license shall be accepted unless the applicant shall furnish written proof that he meets one (1) of the following requirements:
1. Must be graduated from an accredited college or university with at least 15 semester hours or the equivalent in the field for which he is requesting a license;
2. Must have not less than two (2) years college or university training with special training in the field for which he is requesting a license;
3. Must be at least a high school graduate and have had, in addition, at least one (1) year's experience with a licensed operator within the past two (2) years; or
4. If the applicant does not have a high school education or its equivalence, he must be able to furnish proof that he has had at least two (2) year's experience with a licensed operator within the past three (3) years.
Source: Miss. Code Ann. §69-19-1.
Examinations; License Categories
403.01 Each person required to secure a license in accordance with the Act shall be examined as follows: When the firm is under the control of one person who is solely responsible for the work, this person alone shall be required to pass the
examination. When more than one person is responsible, then each shall be required to pass the examination. A person may designate an employee who is regularly and actively in charge to take the examination, and the license will be issued naming the employee as supervisor. Both the employee and the person to
whom the license is issued will be held responsible for the professional services rendered.
403.02 The applicant shall take an examination which shall be written and, in general, cover the subject of the professional services designated in the application. The
examination may be waived if the applicant is already licensed to perform the same professional services in a state with standards equal to those of Mississippi and, provided further, that said state recognizes such examinations given by Mississippi or if he is licensed as a landscape architect in Mississippi in
accordance with Miss. Code Ann. Sections 73-2-1 through 73-2-25.
Examination dates: Examinations shall be given once each quarter at Mississippi State, Mississippi. The dates for written examinations shall be the second Tuesday in each quarter of the calendar year. Applicants not passing the examination may
take it on the next regularly scheduled examination date.
Issuance of License
405.01 If the qualifications and other requirements of the applicant are satisfactory, the Bureau shall then require that the applicant furnish a bond in the proper amount as set forth in Section 407 of this chapter in conformity to Section 69-19-9,
Mississippi Code 1972. The Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce, shall then issue a license which shall expire three (3) years from date of issuance unless suspended or revoked for cause.
405.02 A license is not transferable. When there is a change in the status of a license holder due to uncontrollable circumstances, a reasonable period of time shall be
allowed for a qualified person to meet the requirements of Section 401 of this chapter.
405.03 A license shall expire three (3) years from date of issuance; renewal shall be on a form provided by the Bureau. Failure of the licensee to notify the Bureau of an address change will invalidate the license.
Source: Miss. Code Ann. §69-19-1.
Denial, Suspension or Cancellation of a License
Convicted in any of the courts of this state of a violation of the Act or these rules and regulations.
Bond
407.01 The bond furnished the Bureau by any licensee as provided for in Miss. Code Ann. Section 69-19-9, shall be conditioned so as to insure to the purchaser of services from said licensee the fulfillment of any contract or guarantee made by the licensee. No surety bond shall be accepted except from companies approved by the Insurance Department of Mississippi.
407.02 Persons engaged in horticultural and floricultural work (landscaping and setting of plants) may be exempt from bond requirements unless such person contracts or agrees to render future service.
407.03 An annual bond of $1,000 shall be required of any person who shall guarantee his work or contract to render service, and said bond shall be conditioned as to be
valid and effective for the maximum time for which the licensee shall issue guarantees or contracts to render future service.
Source: Miss. Code Ann. §69-19-1.
Inspections; Records; Reporting; Contracts
408 Licensed operators shall keep complete and accurate records of all work performed including copies of contracts issued for at least two (2) years. Such records shall be available for examination by employees of the Bureau during reasonable business hours. Such records shall include location, kind of services performed, date performed, materials used if there be any, and such other information as may be necessary for a complete record.
Source: Miss. Code Ann. §69-19-1. |