30 Miss. Code. R. 201-4.3

Current through December 10, 2024
Rule 30-201-4.3 - Compliance with Laws
4.3.1 An architect shall not, in the conduct of the architect's architectural practice, knowingly violate a state or federal criminal law directly related to the duties and responsibilities of the practice of architecture.

Commentary - This rule is concerned with the violation of a state or federal criminal law while in the conduct of the registrant's professional practice. Thus, it does not cover criminal conduct entirely unrelated to the registrant's architectural practice. It is intended, however, that Rule 4.5.4 will cover reprehensible conduct on the part of the architect not embraced by Rule 4.3.1.

4.3.2 The registrant shall not furnish limited services in such a manner as to enable unregistered persons to evade federal, state and local building laws and regulations, including building permit requirements.
4.3.3 An architect shall neither offer nor make any payments or gifts of substantial value to a government official (whether elected or appointed) with the intent of influencing the official's judgment in connection with a prospective or existing project in which the architect is interested.

Commentary - Rule 4.3.3 tracks a typical bribe statute. It is covered by the general language of Rule 4.3.1, but is more explicitly set out in this Rule.. Note that all of the rules under this section look to the conduct of the architect and not to whether or not the architect has actually been convicted under a criminal law. An architect who bribes a public official is subject to discipline by Board, whether or not the architect has been convicted under the state criminal procedure.

4.3.4 An architect shall comply with the registration laws and regulations governing professional practice in any United States jurisdiction. An architect may be subject to disciplinary action if, based on grounds substantially similar to those which lead to disciplinary action in this jurisdiction, the architect is disciplined in any other United States jurisdiction.
4.3.5 Rule 4.3.4 shall not prevent a person who is not currently registered in this state, but who is currently registered in another United States or Canadian jurisdiction, from providing uncompensated (other than reimbursement of expenses) safety assessment services at the scene of an emergency at the request of a public official, public safety official, or building inspection official, acting in official capacity in accordance with Miss. Code Ann. § 11-75-1. Any person providing uncompensated safety assessment services under this provision shall notify the Board on the form provided for that purpose. This provision shall apply only to safety assessment services rendered within ninety (90) days following the end of the period for the emergency, unless extended by an executive order. "Safety assessment services" means inspection and evaluation of any structure, building, facility, project utility, equipment, machine, process, piping, or other system at the scene of an emergency related to structural integrity or nonstructural elements affecting life, safety and habitability. Architectural services beyond safety assessment services including, but not limited to, design of repairs, demolition plans, construction documents, or construction administration shall only be undertaken by an architect registered in Mississippi.

30 Miss. Code. R. 201-4.3

Miss. Code Ann. §§ 73-1-29(1) and 11-75-1.
Amended 6/1/2016
Amended 6/10/2017
Amended 3/11/2019
Amended 11/9/2024