| License Description |
Tree Surgeon shall mean a person who advertises in a local phone book, newspaper, newsletter, bulletin, the internet or other prominently displayed sign as a licensed or insured tree surgeon and receives compensation for any work or consultation relative to the care, pruning, cabling, bracing, topping, trimming, fertilizing, cavity work and removal of ornamental trees and shrubs in any manner. Nothing shall prevent any person from performing such services as long as their advertising does not include the description licensed or bonded.
Definitions
500 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 licensee or the company employing a licensee and whose salary, pay or commission is regularly reported by the licensee or the
company employing a licensee under the Federal Social Security and/or income tax laws. A bonafide employee must be under the direct supervision of a license holder.
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. "Licensed Operator" shall mean the person who shall be responsible for fulfillment of all services to be rendered by a company licensed to perform any or all of the professional services covered by these regulations.
6. "Ornamental Trees and Shrubs" shall mean a plant grown for the beauty of its form, foliage, flowers or fruit, rather than for food, fiber or other uses.
7. "Person" shall mean any individual, partnership, corporation, association, company or organized group of persons whether incorporated or not.
8. "Professional Services" shall mean the professional services performed as designated by the category listed under Subsection 503.02 of this chapter.
9. "Registered Technician" shall mean a bona fide employee of a license holder as described in subsection 509.02 of this chapter and who has obtained a registered technician identification card from the Bureau.
10. "Tree Surgeon" shall mean a person who advertises in a local phone book, newspaper, newsletter, bulletin, the internet or other prominently displayed sign as a licensed or insured tree surgeon and receives compensation for any work or consultation relative to the care, pruning, cabling, bracing, topping,
trimming, fertilizing, cavity work and removal of ornamental trees and shrubs in any manner. Nothing shall prevent any person from performing such services as long as their advertising does not include the description licensed or insured.
11. "Status" shall mean death, retirement, prolonged illness, merger of companies, sale, change of ownership, etc. of a license holder. Source: Miss. Code Ann. §69-19-1.
Persons Required to Secure License
501 Tree surgeons must secure a license from the Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce, only if they advertise as licensed or insured in accordance with Miss. Code Ann. Sections 69-19-1 through
69-19-11. Source: Miss. Code Ann. §69-19-1.
License Application; Qualifications
502 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 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 year's experience with a licensed operator within the past two years,
4. Holds a valid arborist certification issued by the International Society of Arboriculture, and
5. If the applicant does not have a high school education or its equivalency, he must be able to furnish proof that he has at least two year's experience with a licensed operator within the past three years. Source: Miss. Code Ann. §69-19-1.
Examinations; License Categories
503.02 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.
503.03 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
504.01 After all qualifications and requirements have been met, said applicant must furnish proof of insurance in the proper amount as set forth in Section 507 of this chapter in conformity to Miss. Code Ann Section 69-19-9. The Bureau shall then
issue a license which shall be valid for an indefinite period unless suspended or revoked for cause.
504.02 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 501 of this
chapter. Failure of the licensee to notify the Bureau of an address change will invalidate the license.
504.03 A person requesting a license must have passed the required examination within the past year or have been actively engaged in the work since passing the examination or be reexamined before his license can be issued.
Source: Miss. Code Ann. §69-19-1.
Denial, Suspension or Cancellation of a License; Refusal to Issue or Renew Same
505.01 Where the holder of a license, permit or identification card commits any of the following acts or omissions, it shall be grounds to suspend, modify, deny, cancel or revoke such license, permit or identification card, in addition to those grounds
set forth in Miss. Code Ann. §69-19-9, §69-25-51, to wit:
Convicted in any of the courts of this state of a violation of the Act or these rules and regulations.
Insurance
506 Before a license shall be issued or reissued to engage in tree surgery, proof of insurance must be furnished on a form provided by the Bureau. This insurance shall be conditioned as to insure against negligent or careless acts. This insurance
shall not be less than $100,000.00. No insurance shall be accepted except from companies admitted to do business in Mississippi, companies that are nonadmitted but approved to do business in Mississippi, or risk retention and purchasing groups registered by the Commissioner of Insurance of Mississippi.
Those currently licensed to perform tree surgery must obtain the required insurance not to exceed twelve months.
Source: Miss. Code Ann. §69-19-1.
Inspections; Records; Reporting; Contracts
507 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 other information as may be necessary for a complete record. Source: Miss. Code Ann. §69-19-1. |