Professions and Occupationss

1. A complaint may be filed with the Board alleging that an AMC, an employee, partner, officer or agent of the AMC has committed a violation of the Board's laws and/or rules and regulations. The complaint must be in writing, signed by the complainant and contain facts to support …

1. If an investigation or information indicates that an AMC has committed a violation of the Board's laws and/or rules and regulations, adjudicatory and disciplinary proceedings may be initiated. 2. Before censuring any registrant, or suspending or revoking any registration the B…

The decision and order of the Board may be appealed in accordance with the applicable statutes. Notes 30 Miss. Code. R. 1502-3.4 Miss. Code Ann . § 73-34-43 (Rev. 2012). Amended 1/10/2020

1. On or after June 1, 2020, the Board will implement its program pursuant to authority of Miss. Code Ann. § 73-34-45(3) for collection and submission of the information required by the ASC to maintain the AMC Registry of Appraisal Management Companies (AMCs) that are required to…

1. On an annual basis, the Board shall transmit to the ASC the National Registry fee required by the ASC for appraisal management companies registered to conduct business in Mississippi. 2. On form(s) provided by the Board, each AMC registering for or renewing registration to con…

1. For purposes of access to AMC National Registry data, the Administrator of the Mississippi Real Estate Commission is designated as the Authorized Registry Official (ARO). 2. Pursuant to written policy established by the Board, the Authorized Registry Official (ARO) shall maint…

These rules apply to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Mississippi Real Estate Appraiser Licensing and Certification Board (Board). Notes 30 Mis…

The Board will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule. Notes 30 Miss. Code. R. 1503-1.2 Miss. Code Ann…

Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (81/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board and signed by the requestor(s). Notes 3…

The date, time and place of all oral proceedings shall be filed with the Secretary of State's office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State. Notes 30 Mis…

The Board Administrator or his designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule. Notes 30 Miss. Code. R. 1503-1.5 Miss. Code Ann. § 25-43-3.104 (Rev. 2010).

1. At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule. 2. Persons wishing to make oral presentations at such a proceeding shall…

1. Presiding Officer - The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall: (a) call proceeding to order; (b) give a brief synopsis of the proposed rule, a statement o…

These rules set forth the Mississippi Real Estate Appraiser Licensing and Certification Board's (Board) rules governing the form, content and filing of requests for declaratory opinions, and the Board's procedures regarding the requests. These rules are intended to supplement and…

A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the Board may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or…

The Board may give notice to any person, agency or entity that a declaratory opinion has been requested, and may receive and consider data, facts arguments and opinions from other persons, agencies or other entities other than the requestor. Notes 30 Miss. Code. R. 1503-2.11 Miss…

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Board's public records request procedure. All declaratory opinions and requests shall be indexed by name and subject. …

The Board will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the Board and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds …

Any person with a substantial interest in the subject matter may request a declaratory opinion from the Board by following the specified procedures. A substantial interest in the subject matter means: an individual, business, group or other entity that is directly affected by the…

The Board will issue declaratory opinions regarding the applicability to specified facts of: (1) a statute administered or enforced by the Board or (2) a rule promulgated by the Board. The Board will not issue a declaratory opinion a statute or rule which is outside the primary j…

The Board may, for good cause, refuse to issue, a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: 1. Lack of clarity concerning the question presented; 2. There is pending or anticipated litigati…

Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter-size paper (81/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Board. Notes 30 Miss. Code. R. 1503-2.5 Miss.…

All requests must be sent to the Board Administrator, The Mississippi Real Estate Appraiser Licensing and Certification Board: (1) by mail at P.O. Box 12685, Jackson, MS 39236; or (2) delivered to 2506 Lakeland Drive, Suite 300, Flowood, MS 39232; or (3) sent via facsimile to (60…

Each request must include the full name, telephone number and mailing address of the requestor. All requests shall be signed by the person filing the request, who shall attest that the request complies with the requirements set forth in these rules, including but not limited to a…

Each request shall contain the following: 1. A clear and concise statement of all facts on which the opinion is requested; 2. A citation to the statute or rule at issue; 3. The question(s) sought to be answered in the opinion, stated clearly; 4. A suggested proposed opinion from …

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Board shall, in writing: 1. Issue a declaratory opinion regarding the specified statute or rule as applied to the specified circumstances;…

1. There is hereby established, as an adjunct board to the Mississippi Real Estate Commission, a Board to be known as the Mississippi Real Estate Appraiser Licensing and Certification Board, which shall consist of six (6) members. Five (5) members shall be appointed by the Govern…

A. An applicant for a broker's license must pass the National Portion of the broker's examination with a grade of at least 75% and must pass the State Specific Portion of the examination with a grade of at least 80%. B. An applicant for a salesperson's license must pass the Natio…

A. To change a license from active to inactive status, licensee shall notify the Commission in writing, shall insure that the license is returned to the Commission and shall pay the appropriate fee. A licensee who is on inactive status at time of renewal may renew the license on …

The following fees are set by the Commission in accordance with Section 73-35-17: A. Application and one year's use of license: (1) Broker........................................................ $150.00 (2) Salesperson........................................... $120.00 B. Applica…

Fees and monies payable to the Mississippi Real Estate Commission may be by personal check, cash, cashier's check or money order. All personal checks shall be made payable to the Mississippi Real Estate Commission. Any personal checks returned not paid or for any other reason sha…

A. It shall be the duty of the responsible broker to instruct the licensees licensed under that broker in the fundamentals of real estate practice, ethics of the profession and the Mississippi Real Estate License Law and to exercise supervision of their real estate activities for…

A. A real estate licensee shall immediately (at the time of signing) deliver a true and correct copy of any instrument to any party or parties executing the same. B. All exclusive listing agreements shall be in writing, properly identify the property to be sold, and contain all o…

A. "Advertising" means the use of any oral, written, visual, printed or electronically generated advertisement by a real estate licensee or other person on behalf of a real estate licensee. "Advertisement" means any oral, written, visual, printed or electronic media advertisement…

A. The responsible broker is responsible at all times for earnest money deposits. Earnest money accepted by the broker or any licensee for which the broker is responsible and upon acceptance of a mutually agreeable contract is required to deposit the money into a trust account pr…

A. A "Team or Group" shall mean a collective name used by two or more active real estate licensees who represent themselves to the public as being part of a single entity which is organized with the written approval of a Principal Broker to perform licensable real estate activity…

Consumers shall be fully informed of the agency relationships in real estate transactions identified in Section 73-35-3. This rule places specific requirements on Brokers to disclose their agency relationship. This does not abrogate the laws of agency as recognized under common l…

A. "Agency" shall mean the relationship created when one person, the Principal (client), delegates to another, the agent, the right to act on his behalf in a real estate transaction and to exercise some degree of discretion while so acting. Agency may be entered into by expressed…

A. In a single agency, a broker is required to disclose, in writing, to the party for whom the broker is an agent in a real estate transaction that the broker is the agent of the party. The written disclosure must be made before the time an agreement for representation is entered…

A licensee shall not be required to comply with the provisions of Section 3, when engaged in transactions with any corporation, non-profit corporation, professional corporation, professional association, limited liability company, partnership, real estate investment trust, busine…

A. All complaints submitted to the Commission shall be properly certified on forms furnished by the Commission. B. Every licensee shall, within ten days, notify the Real Estate Commission of any adverse court decisions in which the licensee appeared as a defendant. C. It shall be…

For Part 1601, Chapter 5 only, the following terms have the meanings indicated: A. Administrative Hearing: A formal hearing, with record made by a Certified Court Reporter before a Commission Hearing Panel, or Administrative Hearing Officer, to consider and adjudicate disciplinar…

A. Upon receipt of a verified/sworn complaint, or other allegation of violation of the Mississippi Real Estate Commission License Law, the Commission's Administrative Rules or other applicable laws, the Commission's Investigative Staff, with advice and consultation from Commissio…

A. Upon completion of the formal investigation, the Investigative Review Committee will determine whether there is sufficient cause to believe that a violation exists of the Mississippi Real Estate License Law, the Commission Administrative Rules and/or other applicable laws gove…

A. If an allegation is not resolved informally or the Investigative Review Committee determines that an allegation warrants the issuance of a Formal Complaint, Commission staff may commence disciplinary proceedings by issuing a Formal Complaint and Notice of Hearing. B. A Respond…

A. At any time prior to an Administrative Hearing, any matter before the Commission may be resolved through informal proceedings either by stipulation, agreed settlement proposal, or agreed order of dismissal. Any agreed settlement proposal/Agreed Order must be agreed to in writi…

A. Continuances. Hearings shall be held before the Real Estate Commissioners Hearing Panel at the time and place designated in the Notice of Hearing unless the Commission grants a continuance. (a) A request for a continuance must be filed with the Commission at least ten (10) day…