reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-17 - Qualifications to be licensed real estate appraiser

To qualify to be a licensed real estate appraiser, an applicant must:
(a)
Successfully complete the number and type of classroom hours or other educational qualifications that meet or exceed the qualifications required by the Appraiser Qualifications Board.
(b)
Provide evidence satisfactory to the board that the applicant has completed the number of hours of experience in performing appraisals over the specified number of calendar years that meet or exceed the number of hours of experience over the specified number of calendar years as required by the Appraiser Qualifications Board.
(c)
Pass any examination administered by the board or its designated agent that is consistent with other requirements of this chapter and approved by the Appraiser Qualifications Board when such approval is required.
(d)
Be trustworthy and competent to transact the business of real estate appraising.
(e)
Comply with such other requirements as may be prescribed by the board.
The courses of study referred to in paragraph (a) above must (i) be conducted by an accredited university, college or junior college; (ii) be conducted by an approved appraisal society, institute or association; or (iii) be conducted by such other school as may be approved by the board; or (iv) consist of courses relating to appraisal education.
Laws, 1990, ch. 576, § 9; Laws, 1993, ch. 559, § 6, eff. 4/9/1993. .
Amended by Laws, 2023, ch. 501, SB 2673,§ 7, eff. 7/1/2023.
Amended by Laws, 2019, ch. 390, SB 2697,§ 5, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-19 - Two classes of real estate appraiser license; applications to specify classification of licensing; applicants to comply with requirements of board

The following shall be the two (2) classes for licensed certified real estate appraisers:
(a)
Licensed certified residential real estate appraiser. The licensed certified residential real estate appraiser classification shall consist of those persons who meet the requirements that relate to the appraisal of residential real property of one (1) to four (4) units without regard to transaction value or complexity. In addition, when nonfederally related transactions are involved, the licensed certified residential real estate appraiser shall enjoy the same privileges as set forth for the licensed real estate appraiser.
(b)
Licensed certified general real estate appraiser. The licensed certified general real estate appraiser classification shall consist of those persons who meet the requirements relating to the appraisal of all types of real estate.
Each application for licensing as a licensed certified real estate appraiser, or for the renewal of a license, and each application to take an examination, shall specify the classification of licensing being applied for and, if applicable, the class of license previously granted. Each applicant shall be trustworthy and competent to transact the business of real estate appraising and comply with such other requirements as may be prescribed by the board.
Laws, 1990, ch. 576, § 10; Laws, 1993, ch. 559, § 7, eff. 4/9/1993. .
Amended by Laws, 2014, ch. 400, SB 2537, 1, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-21 - Prerequisites to taking examinations for licensing as a licensed certified residential real estate appraiser or licensed certified general real estate appraiser

As a prerequisite to taking the examination for licensing as a licensed certified residential real estate appraiser or licensed certified general real estate appraiser, an applicant shall present acceptable evidence that such applicant has successfully completed:
(a)
The number and type of classroom hours or other educational qualifications that meet or exceed the qualifications required by the Appraiser Qualifications Board; and
(b)
The number of hours of experience in performing appraisals over the specified number of calendar years that meet or exceed the number of hours of experience over the specified number of calendar years as required by the Appraiser Qualifications Board.
The board may adopt rules and regulations as may be necessary to implement the requirements established by the Appraiser Qualifications Board.
Laws, 1990, ch. 576, § 11; Laws, 1993, ch. 559, § 8, eff. 4/9/1993. .
Amended by Laws, 2019, ch. 390, SB 2697,§ 6, eff. 7/1/2019.
Amended by Laws, 2014, ch. 363, SB 2475, 2, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-23 - Knowledge required to be demonstrated through written examination prior to issuing license

An original license as a licensed certified real estate appraiser shall not be issued to any person who has not demonstrated through a written examination process that he possesses the following:
(a)
Appropriate knowledge of technical terms commonly used in or related to real estate appraising, appraisal report writing and economic concepts applicable to real estate;
(b)
An understanding of the basic principles of land economics and the basic problems likely to be encountered in gathering, interpreting and processing the data that is required in the real estate appraisal process;
(c)
An understanding of the standards for the development and communication of real estate appraisals as provided in this chapter;
(d)
Knowledge of theories of depreciation, cost estimating, methods of capitalization, and the mathematics of real estate appraisal that are appropriate for the classification of licensure applied for;
(e)
Knowledge of such other principles and procedures as may be appropriate for the classification of licensure applied for; and
(f)
An understanding of the types of misconduct for which disciplinary proceedings may be initiated against a licensed certified real estate appraiser as set forth in this chapter.
Laws, 1990, ch. 576, § 12, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-25 - Expiration of license

Except as provided in Section
33-1-39
, a license issued under the authority of this chapter shall expire two (2) years from the last day of the month of issuance; however, a registration granted under the authority of this chapter shall expire one (1) year from the date of issuance.
Laws, 1990, ch. 576, § 13; Laws, 2007, ch. 309, § 27, eff. 3/8/2007. .
Amended by Laws, 2011, ch. 458, HB 1337, 20, eff. 12/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-27 - Application for renewal of license; late filing

To obtain a renewal of any of the real estate appraisal licenses or a renewal of any registration issued under this chapter, the holder of a current, valid license or registration shall make application and pay the prescribed fee to the board not earlier than one hundred twenty (120) days nor later than the expiration date, as defined in Section
73-34-25
, of the license then held. Each application for renewal shall be accompanied by evidence, in the form prescribed by the board, of having completed the continuing education requirements for renewal specified in this chapter.
If a licensed appraiser or licensed certified real estate appraiser under this chapter fails to renew his license, or an appraisal management company fails to renew its registration before its expiration or within any period of extension granted under this chapter, that person or company may obtain a renewal of their license or registration by satisfying all of the requirements for renewal and filing an application for renewal, accompanied by a late renewal fee, within sixty (60) days of the date that the license or registration expired.
From and after January 1, 2015, all applicants for a real estate appraisal license renewal shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database pursuant to the provisions of Section
73-34-14
.
Laws, 1990, ch. 576, § 14; Laws, 1993, ch. 559, § 9, eff. 4/9/1993. .
Amended by Laws, 2023, ch. 501, SB 2673,§ 8, eff. 7/1/2023.
Amended by Laws, 2014, ch. 363, SB 2475, 3, eff. 7/1/2014.
Amended by Laws, 2011, ch. 458, HB 1337, 21, eff. 12/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-29 - Authority of board to deny issuance of license

The board may, upon compliance with the provisions of this chapter relating to administrative hearings, deny the issuance of a license or registration to an applicant on any of the grounds provided in this chapter.
Laws, 1990, ch. 576, § 15, eff. 7/1/1990.
Amended by Laws, 2011, ch. 458, HB 1337, 22, eff. 12/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-31 - Term "certified real estate appraiser" to refer only to individual licensed

The term "certified real estate appraiser" may only be used to refer to an individual who is a licensed certified real estate appraiser as provided by this chapter and may not be used following, or immediately in connection with, the name or signature of a firm, partnership, corporation or group, or in such manner that it might be interpreted as referring to a firm, partnership, corporation, group or to anyone other than the individual who is licensed as a licensed certified appraiser under this chapter. This requirement shall not be construed to prevent a licensed certified real estate appraiser from signing an appraisal report on behalf of a corporation, partnership, firm or group practice if it is clear that only the individual is licensed and that the corporation, partnership, firm or group practice is not.
Laws, 1990, ch. 576, § 16, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-37 - Standards of professional appraisal practice and ethical rules

Each real estate appraiser licensed under this chapter must comply with generally accepted standards of professional appraisal practice and generally accepted ethical rules to be observed by a real estate appraiser. Generally accepted standards of professional appraisal practice are currently evidenced by the uniform standards of professional appraisal practice as directed by the Appraisal Subcommittee of the Federal Financial Institutions Examinations Council or its agent; however, after a public hearing held in accordance with the laws of this state applicable to public hearings, the board may make such modifications in excess of those standards as the board deems appropriate for this state.
Laws, 1990, ch. 576, § 19, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-39 - Record keeping requirements for licensed appraisers; inspection of records

(1)
A licensed real estate appraiser shall retain for a period of five (5) years the original or a true copy of:
(a)
each appraisal report prepared or signed by such real estate appraiser; and
(b)
all supporting data assembled and formulated by the appraiser in preparing each such appraisal report.
(2)
The five-year period for retention of records is applicable to each engagement of the services of the appraiser and shall commence upon the date of the delivery of each appraisal report to the client unless, within such five-year period, the appraiser is notified that the appraisal or the appraisal report is involved in litigation, in which event a minimum of a two-year period for the retention of records shall commence upon the date of the final disposition of such litigation.
(3)
Upon reasonable notice, a licensed real estate appraiser shall make all records required to be maintained under the provisions of this chapter available for inspection and copying by the board or its designated agent.
Laws, 1990, ch. 576, § 20; Laws, 1993, ch. 559, § 12, eff. 4/9/1993. .
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-43 - Formal decision of board on complaint; appeals; standard of review of decision of board

If, at the conclusion of the hearing, the board determines that a licensed appraiser, licensed certified real estate appraiser or appraisal management company is guilty of a violation of any of the provisions of this chapter, it shall prepare a formal decision that shall contain findings of fact concerning the appropriate disciplinary action to be taken.
The decision and order of the board shall be final. Any applicant, licensee, registrant or person aggrieved by a decision or order of the board shall have the right of appeal from such adverse order or decision of the board to the circuit court of the county of residence of the applicant, licensee, registrant or person, or of the First Judicial District of Hinds County, within thirty (30) days from the service of notice of the action of the board upon the parties in interest. Notice of appeals shall be filed in the office of the clerk of the court who shall issue an order directed to the board commanding it, within ten (10) days after service thereof, to certify to the court its entire record in the matter in which the appeal has been taken. The appeal shall thereupon be heard in due course by the court, without a jury, which shall review the record and make its determination of the cause between the parties. To be effective, an application for review made by an aggrieved party must be filed within thirty (30) days after the party's receipt of the final decision and order of the board.
If an application is filed for review of a final decision and order of the board, the case shall be set for trial within sixty (60) days from the date of the filing of an answer for the board. If the court finds that the board has regularly pursued its authority and has not acted arbitrarily, it shall affirm the decision and order of the board.
Actions taken by the board in suspending a license when required by Section
93-11-157
or
93-11-163
are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section
93-11-157
or
93-11-163
shall be taken in accordance with the appeal procedure specified in Section
93-11-157
or
93-11-163
, as the case may be, rather than the procedure specified in this section.
Laws, 1990, ch. 576, § 22; Laws, 1996, ch. 507, § 67, eff. 7/1/1996. .
Amended by Laws, 2011, ch. 458, HB 1337, 25, eff. 12/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-47 - Form and content of license; return of license; records of licenses

The board shall issue to each licensed appraiser or licensed certified real estate appraiser under this chapter a license evidencing such licensure. The board shall also issue a pocket card in such size and form as the board approves.
A license issued under this chapter shall bear a license number assigned by the board. When signing an appraisal report or certified appraisal report, the licensee shall place such appraiser's license number adjacent to or immediately below the title of "licensed appraiser" or "licensed certified residential real estate appraiser" or "licensed certified general real estate appraiser" or "licensed timberland appraiser." Such license number shall also be used in all statements of qualification, contracts or other instruments used by the license holder when reference is made to such license holder's status as a licensed appraiser or licensed certified real estate appraiser.
The license must bear the current physical address of the licensee's place of business, which shall be a room either in his or her home or an office elsewhere, to be used for the transaction of the appraisal business. In case of removal from the designated address, the licensee shall make application to the board before removal, or within ten (10) days after removal, designating the new location of such office, whereupon the board shall forthwith issue a new license for the new location.
Licenses and pocket cards shall remain the property of the state; and, upon any suspension or revocation of a license pursuant to this chapter, the individual holding the related license and pocket card shall immediately return such license and pocket card to the board.
The board shall maintain and keep open for public inspection during office hours a complete and properly indexed record of all applications for licensure received and licenses issued, renewed, revoked, cancelled or suspended under the provisions of this chapter. A copy of any such record, except pending investigation files, shall be made available to the public, upon application to the board, at such reasonable price per copy as may be fixed by the board.
Laws, 1990, ch. 576, § 24; Laws, 1993, ch. 559, § 13, eff. 4/9/1993. .
Amended by Laws, 2023, ch. 501, SB 2673,§ 12, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-49 - Roster of licensed appraisers and registered appraisal management companies

The board shall prepare and issue at least once each calendar year a roster showing the name and place of business of each real estate appraiser currently licensed and appraisal management company registered under the provisions of this chapter. A copy of the roster shall be made available to the public, upon application to the board, at a reasonable price per copy as may be fixed by the board. The board shall send a copy of this list to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council, or its designated agent.
Laws, 1990, ch. 576, § 25, eff. 7/1/1990.
Amended by Laws, 2023, ch. 501, SB 2673,§ 13, eff. 7/1/2023.
Amended by Laws, 2011, ch. 458, HB 1337, 27, eff. 12/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-51 - Nonresident applicants for license

(1)
Each applicant for licensure under this chapter who is not a resident of this state shall submit, with his application, an irrevocable consent that legal action arising out of his activities as a real estate appraiser in this state may be commenced against him in the proper court of any county of this state in which a cause of action may arise or in which the plaintiff may reside by service of process or pleading authorized by laws of this state, by the Secretary of State, or by the administrator or director of the board. The consent shall stipulate that the service of process or pleading shall be taken in all courts to be valid and binding as if personal service had been made upon the nonresident licensee in this state. The consent shall be duly acknowledged. Every nonresident licensee shall consent to have any hearings conducted by the board pursuant to Section
73-34-35
at a place designated by the board.
(2)
Any service of process or pleading shall be served on the Mississippi Real Estate Appraisal Board by filing duplicate copies, one (1) of which shall be filed in the office of the board and the other forwarded by certified mail to the last-known principal address of the nonresident licensee against whom the process or pleading is directed.
(3)
If, in the determination of the board, another state or territory or the District of Columbia is deemed to have substantially equivalent licensure laws for real estate appraisers, an applicant for licensure in this state who is licensed under the law of such other state, territory or district may obtain a license as a real estate appraiser in this state upon such terms and conditions as may be determined by the board provided that disciplinary proceedings are not pending against such applicant in his state of licensure. The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section
73-50-1
or
73-50-2
, as applicable.
Laws, 1990, ch. 576, § 26, eff. 7/1/1990.
Amended by Laws, 2023, ch. 501, SB 2673,§ 14, eff. 7/1/2023.
Amended by Laws, 2021, ch. 398, HB 1263,§ 29, eff. 7/1/2021.
Amended by Laws, 2014, ch. 400, SB 2537, 3, eff. 7/1/2014.
Amended by Laws, 2013, ch. 350, SB 2419, 32, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-53 - Penalties for violations; civil action by person aggrieved by violation

(1)
Except as otherwise provided in Section
73-34-35
, any person violating a provision of this chapter shall, upon conviction of a first violation thereof, be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for a term not to exceed ninety (90) days, or both. A second or subsequent violation shall be punishable by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Two Thousand Dollars ($2,000.00), or by imprisonment for a term not to exceed six (6) months, or both.
(2)
In case any person shall have received any sum of money, or the equivalent thereof, as commission, compensation or profit by or in consequence of his violation of any provision of this chapter, that person shall also be liable to a penalty of not less than the amount of the sum of money so received and not more than four (4) times the sum so received, as may be determined by the court, which penalty may be sued for and recovered by any person aggrieved, and for his use and benefit, in any court of competent jurisdiction.
Laws, 1990, ch. 576, § 27, eff. 7/1/1990.
Amended by Laws, 2011, ch. 458, HB 1337, 28, eff. 12/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-55 - No cause of action for services rendered by nonlicensed appraiser

No person shall bring or maintain an action in any court of this state for the recovery of a commission, fee or compensation for any act done or services rendered, the doing or rendering of which is prohibited under the provisions of this chapter for persons other than licensed real estate appraisers, unless such person was duly licensed as a real estate appraiser at the time of the doing of such act or the rendering of such service.
Laws, 1990, ch. 576, § 28, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-57 - Board authorized to employ legal counsel

The board may employ legal counsel to represent it in any proceedings when legal counsel is required.
Laws, 1990, ch. 576, § 29, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-59 - Board authorized to implement rules and regulations necessary to bring chapter into compliance with federal requirements

If any provision of this chapter is found to be in noncompliance with the requirements of the Appraisal Subcommittee of the Federal Financial Institutions Examination Council or its agent, the board is authorized to implement such rules and regulations as necessary to bring the requirements into federal compliance.
Laws, 1990, ch. 576, § 30; Laws, 1993, ch. 559, § 14, eff. 4/9/1993. .
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-61 - [Repealed]

Repealed by Laws, 1991, ch. 355, § 8, eff. 7/1/1991.
Laws 1990, ch. 576, § 31.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT (§§ 73-34-1 — 73-34-63) › Section 73-34-63 - Severability

If any provision of this chapter or its application to any person or in any circumstance is declared by a court of competent jurisdiction to be invalid or unenforceable, provisions constituting the remainder of the act and the application of those provisions to other persons and in other circumstances shall not be affected.
Laws, 1990, ch. 576, § 32, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › MISSISSIPPI APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT (§§ 73-34-101 — 73-34-131) › Section 73-34-101 - Short title

Sections
73-34-101
through
73-34-131
shall be known and may be cited as the "Mississippi Appraisal Management Company Registration Act."
Laws, 2011, ch. 458, § 1, eff. 12/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › MISSISSIPPI APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT (§§ 73-34-101 — 73-34-131) › Section 73-34-105 - Applicability of Sections 73-34-101 through 73-34-131

(1)
The provisions of Sections
73-34-101
through
73-34-131
shall not apply to an appraisal management company that is a subsidiary owned and controlled by a financial institution regulated by a federal financial institutions regulatory agency.
(2)
The provisions of Sections
73-34-101
through
73-34-131
shall not apply to a business entity that exclusively engages real estate appraisers on an employer and employee basis for the performance of all real property appraisal services in the normal course of its business, except to the extent that federal law or regulation requires such entities to register with and be subject to supervision by a state appraiser certifying and licensing agency.
Laws, 2011, ch. 458, § 1, eff. 12/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › MISSISSIPPI APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT (§§ 73-34-101 — 73-34-131) › Section 73-34-107 - Completion of irrevocable uniform consent to service of process

Each person applying for a registration as an appraisal management company that is not domiciled in this state shall complete an irrevocable uniform consent to service of process.
Laws, 2011, ch. 458, § 1, eff. 12/1/2013.
Amended by Laws, 2023, ch. 501, SB 2673,§ 16, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › MISSISSIPPI APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT (§§ 73-34-101 — 73-34-131) › Section 73-34-111 - Designation of one controlling employee as contact for all communication between board and company

Each appraisal management company applying to the board for a registration in this state shall designate one (1) controlling person who is an employee of the appraisal management company that will be the designated contact for all communication between the board and the appraisal management company.
Laws, 2011, ch. 458, § 1, eff. 12/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › MISSISSIPPI APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT (§§ 73-34-101 — 73-34-131) › Section 73-34-113 - Prohibited acts; required acts

(1)
An appraisal management company doing business in this state as an appraisal management company shall not:
(a)
Knowingly employ any individual to perform appraisal services, who has had a license or certificate to act as an appraiser in this state or in any other state, refused, denied, cancelled, surrendered in lieu of revocation, or revoked; or
(b)
Knowingly enter into any independent contractor arrangement for the performance of appraisal services, in verbal, written, or other form, with any individual who has had a license or certificate to act as an appraiser in this state or in any other state, refused, denied, cancelled, surrendered in lieu of revocation, or revoked.
(2)
Before assigning appraisal orders, the appraisal management company shall have a system in place to verify that a person being added to the appraiser panel holds the appropriate appraiser credential in good standing.
(3)
Each appraisal management company doing business as an appraisal management company shall certify to the board on an annual basis on a form prescribed by the board that the appraisal management company has systems in place to verify that:
(a)
An individual on the appraiser panel has not had a license or certification as an appraiser refused, denied, cancelled, revoked or surrendered in lieu of a pending revocation in the previous twelve (12) months; and
(b)
Only licensed or certified appraisers are used to complete appraisal assignments in connection with federally related transactions.
Laws, 2011, ch. 458, § 1, eff. 12/1/2013.
Amended by Laws, 2023, ch. 501, SB 2673,§ 17, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › MISSISSIPPI APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT (§§ 73-34-101 — 73-34-131) › Section 73-34-115 - Proper level of licensure required for Standard 3 appraisal reviews

Any employee of, or independent contractor to, the appraisal management company that performs a USPAP Standard 3 appraisal review of an appraisal report on property located in this state shall be an appraiser with the proper level of licensure in Mississippi. Quality control examinations are exempt from this requirement, as they are not considered a Standard 3 review.
Laws, 2011, ch. 458, § 1, eff. 12/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › MISSISSIPPI APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT (§§ 73-34-101 — 73-34-131) › Section 73-34-117 - Annual certifications to board

(1)
Each appraisal management company doing business in this state shall certify to the board on an annual basis that it requires appraisers completing appraisals at its request to comply with the Uniform Standards of Professional Appraisal Practice, including the requirements for geographic and product competence.
(2)
Each appraisal management company doing business in this state shall certify to the board on an annual basis that it has a system in place to require that appraisals are conducted independently and free from inappropriate influence and coercion as required by the appraisal independence standards established under Section 129E of the Truth in Lending Act, including the requirement that fee appraisers be compensated at a customary and reasonable rate when the appraisal management company is providing services for a consumer credit transaction secured by the principal dwelling of a consumer.
(3)
Each appraisal management company doing business in this state shall certify to the board on an annual basis that it has a system in place requiring payment to an independent contract appraiser for the completion of an appraisal service within thirty (30) days after the appraiser provides the completed appraisal report to the appraisal management company, except in cases involving a bona fide breach of contract, substandard performance of services, or alternate payment terms agreed upon by the appraiser and the appraisal management company.
(4)
An appraisal management company shall not prohibit an appraiser from reporting the fee paid to the appraiser in the body of the appraisal report, however an appraisal management company may require an appraiser to present any such disclosure in a specified format and location.
Laws, 2011, ch. 458, § 1, eff. 12/1/2013.
Amended by Laws, 2023, ch. 501, SB 2673,§ 18, eff. 7/1/2023.
Amended by Laws, 2019, ch. 380, SB 2869,§ 1, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › MISSISSIPPI APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT (§§ 73-34-101 — 73-34-131) › Section 73-34-119 - Retention of records

Each appraisal management company doing business in this state shall certify to the board on an annual basis that it maintains a detailed record of each service request that it receives and the appraiser that performs the appraisal for the appraisal management company. Records shall be retained for a period of five (5) years after an appraisal is completed or two (2) years after final disposition of a judicial proceeding related to the assignment, whichever period expires later.
Laws, 2011, ch. 458, § 1, eff. 12/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › MISSISSIPPI APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT (§§ 73-34-101 — 73-34-131) › Section 73-34-121 - Alteration or modification of completed appraisal report; use of appraisal report submitted by independent appraiser

(1)
An appraisal management company may not alter, modify, or otherwise change a completed appraisal report submitted by an appraiser without the appraiser's written consent, except as necessary to comply with regulatory mandates or legal requirements.
(2)
An appraisal management company may not use an appraisal report submitted by an independent appraiser, or any of the data or information contained therein, for any purpose other than its intended use without the appraiser's or the intended end user's written consent, except as necessary to comply with regulatory mandates or legal requirements.
Laws, 2011, ch. 458, § 1, eff. 12/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › MISSISSIPPI APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT (§§ 73-34-101 — 73-34-131) › Section 73-34-123 - Registration numbers

(1)
The board shall issue a unique registration number to each appraisal management company that is registered in this state pursuant to Sections
73-34-101
through
73-34-131
.
(2)
The board shall maintain and publish a list of the appraisal management companies registered in this state and the registration numbers assigned to such persons.
(3)
An appraisal management company registered in this state shall disclose the registration number provided to it by the board on the engagement documents presented to the appraiser.
Laws, 2011, ch. 458, § 1, eff. 12/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › MISSISSIPPI APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT (§§ 73-34-101 — 73-34-131) › Section 73-34-125 - Violation

It shall be a violation of Sections
73-34-101
through
73-34-131
for any employee, partner, director, officer or agent of an appraisal management company to:
(a)
Influence or attempt to influence the development, reporting, result or review of an appraisal through coercion, extortion, collusion, compensation, inducement, intimidation, bribery or in any other manner, including, but not limited to:
(i)
Withholding or threatening to withhold timely payment or partial payment for an appraisal with the exception of a substandard or noncompliant appraisal;
(ii)
Withholding or threatening to withhold future business from an appraiser, or demoting, terminating or threatening to demote or terminate an appraiser;
(iii)
Promising or implying that an appraiser may be given opportunities for future business, promotions or increased compensation;
(iv)
Conditioning an assignment of an appraisal or the payment of an appraisal fee or salary or bonus on the opinion, conclusion or valuation to be reached, or on a preliminary estimate or opinion requested from an appraiser;
(v)
Requesting that an appraiser provide an estimated, predetermined or desired valuation in an appraisal, or provide estimated values or comparable sales at any time prior to the appraiser's completion of an appraisal;
(vi)
Providing to an appraiser an anticipated, estimated, encouraged or desired value for a subject property or a proposed or target amount to be loaned to the borrower, except that a copy of the sales contract for purchase transactions may be provided; and
(vii)
Requiring an appraiser to prepare an appraisal report if the appraiser has indicated to the appraisal management company that he or she does not have the necessary expertise for the specific geographic area;
(b)
Require an appraiser to indemnify the appraisal management company against liability, damages, losses or claims other than those liabilities, damages, losses or claims arising out of the services performed by the appraiser, including performance or nonperformance of the appraiser's duties and obligations, whether as a result of negligence or willful misconduct;
(c)
Submit or attempt to submit false, misleading or inaccurate information in any application for registration or renewal;
(d)
Fail to timely respond to any subpoena or any other legally binding request for information;
(e)
Fail to timely obey a lawful administrative order of the board; or
(f)
Fail to fully cooperate in any board investigation.
Laws, 2011, ch. 458, § 1, eff. 12/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › MISSISSIPPI APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT (§§ 73-34-101 — 73-34-131) › Section 73-34-127 - Material failure of appraiser to comply with ethical or professional requirements in connection with certain consumer credit transactions

An appraisal management company that has a reasonable basis to believe an appraiser has failed to comply with applicable laws, the Uniform Standards of Professional Appraisal Practice or other ethical or professional requirements in connection with a consumer credit transaction secured by a consumer's principal dwelling, shall refer the matter to the agency if the failure to comply is material. For purposes of this section, a failure to comply is material if it is likely to significantly affect the value assigned to the consumer's principal dwelling.
Laws, 2011, ch. 458, § 1, eff. 12/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › MISSISSIPPI APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT (§§ 73-34-101 — 73-34-131) › Section 73-34-129 - Removal of independent appraiser from appraiser panel of appraisal management company

(1)
(a)
An appraisal management company may not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an independent appraiser without:
(b)
Notifying the appraiser in writing of the reasons why the appraiser is being removed from the appraiser panel of the appraisal management company;
(c)
If the appraiser is being removed from the panel for illegal conduct, violation of USPAP, or a violation of state licensing standards, notifying the appraiser of the nature of the alleged conduct or violation;
(d)
Providing an opportunity for the appraiser to respond to the notification of the appraisal management company.
(2)
An appraiser who is removed from the appraiser panel of an appraisal management company for alleged illegal conduct, violation of USPAP, or violation of state licensing standards, may file a complaint with the board for a review of the decision of the appraisal management company. The scope of the board's review in any such case is limited to determining whether the appraisal management company has complied with subsection (1) and whether illegal conduct, a violation of USPAP, or a violation of state licensing standards has occurred.
(3)
If an appraiser files a complaint against an appraisal management company under subsection (2), the board shall adjudicate the complaint within one hundred eighty (180) days.
(4)
If after opportunity for hearing and review, the board determines that an appraisal management company acted improperly in removing the appraiser from the appraiser panel, or that the appraiser did not commit a violation of law, a violation of USPAP, or a violation of state licensing standards, the board shall:
(i)
Provide written findings to the involved parties;
(ii)
Provide an opportunity for the appraisal management company and/or the appraiser to respond to the findings; and
(iii)
Make recommendations for action.
Laws, 2011, ch. 458, § 1, eff. 12/1/2013.
Amended by Laws, 2023, ch. 501, SB 2673,§ 19, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 34 - REAL ESTATE APPRAISERS (§§ 73-34-1 — 73-34-131) › MISSISSIPPI APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT (§§ 73-34-101 — 73-34-131) › Section 73-34-131 - Adjudicatory proceedings for violation of Sections 73-34-101 through 73-34-131

The conduct of adjudicatory proceedings in accordance with applicable state laws for violations of Sections
73-34-101
through
73-34-131
is vested in the board, such that:
(a)
Before censuring any registrant, or suspending or revoking any registration, the board shall notify the registrant in writing of any charges made at least twenty (20) days before the date set for the hearing and shall afford the registrant an opportunity to be heard in person or by counsel.
(b)
The written notice shall be satisfied by personal service on the controlling person of the registrant, or the registrant's agent for service of process in this state, or by sending the notice by certified mail, return receipt requested to the controlling person of the registrant to the registrant's address on file with the board.
(c)
The hearing on the charges shall be at a time and place prescribed by the board and in accordance with the applicable state laws.
(d)
The board may make findings of fact and shall deliver or mail such findings to the registrant charged with an offense under Sections
73-34-101
through
73-34-131
.
Laws, 2011, ch. 458, § 1, eff. 12/1/2013.
Amended by Laws, 2023, ch. 501, SB 2673,§ 20, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 35 - REAL ESTATE BROKERS (§§ 73-35-1 — 73-35-105) › IN GENERAL (§§ 73-35-1 — 73-35-37) › Section 73-35-1 - Citation of chapter; license requirement

This chapter shall be known, and may be cited, as "the Real Estate Brokers License Law of 1954"; and from and after May 6, 1954, it shall be unlawful for any person, partnership, association or corporation to engage in or carry on, directly or indirectly, or to advertise or to hold himself, itself or themselves out as engaging in or carrying on the business, or act in the capacity of, a real estate broker, or a real estate salesperson, within this state, without first obtaining a license as a real estate broker or real estate salesperson as provided for in this chapter.
Codes, 1942, § 8920-01; Laws, 1954, ch. 318, § 1; reenacted, Laws, 1980, ch. 499, § 1; Laws, 1988, ch. 477, § 1, eff. 1/1/1989.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 35 - REAL ESTATE BROKERS (§§ 73-35-1 — 73-35-105) › IN GENERAL (§§ 73-35-1 — 73-35-37) › Section 73-35-6 - Licenses for business entities

A corporation, partnership, company or association shall be granted a license when individual broker's licenses have been issued to every member, owner, partner or officer of such partnership, company, association or corporation who actively participates in its brokerage business and when any required fee is paid.
Laws, 2002, ch. 512, § 3, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 35 - REAL ESTATE BROKERS (§§ 73-35-1 — 73-35-105) › IN GENERAL (§§ 73-35-1 — 73-35-37) › Section 73-35-9 - Application for license

(1)
Every applicant for a real estate broker's license shall apply therefor in writing upon blanks prepared by the commission and shall provide such data and information as the commission may require.
(2)
Such application shall be accompanied by the recommendation of at least three (3) citizens who have been property owners for at least three (3) years, who have known the applicant for three (3) years, and who are not related to the applicant, certifying that the applicant bears a good reputation for honesty and trustworthiness and recommending that a license be granted to the applicant.
(3)
Every applicant for a salesperson's license shall apply therefor in writing upon blanks prepared by the commission and shall provide such data and information as the commission may require.
(4)
Each application for license shall also be accompanied by two (2) photographs of the applicant in such form as the commission may prescribe.
(5)
Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section
93-11-64
.
(6)
Beginning on July 1, 2019, each application for a license made under this section must include a current email address for the applicant.
Codes, 1942, § 8920-05; Laws, 1954, ch. 318, § 5; reenacted, Laws, 1980, ch. 499, § 5; Laws, 1988, ch. 477, § 5; Laws, 1997, ch. 588, § 59; Laws, 2008, ch. 399, § 1, eff. 3/31/2008.
Amended by Laws, 2019, ch. 339, HB 1292,§ 1, eff. 7/1/2019.