19 Miss. Code. R. 101-1.09

Current through September 24, 2024
Rule 19-101-1.09 - 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.

19 Miss. Code. R. 101-1.09

Miss. Code §§ 45-11-203; 45-11-253 (Supp. 2020); Miss. Code § 73-50-2 as codified in HB No. 1263 (2021 Session)
Amended 1/1/2015
Amended 2/1/2017
Amended 11/1/2019
Amended 1/7/2022