reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 73-3-351 - Personal incapacity; proceedings; circumstances showing existence of condition

Proceedings to determine whether an attorney is personally incapable to practice law shall be instituted and conducted in the same manner and upon the same procedure as disciplinary proceedings, except as otherwise set out in Sections
73-3-347
through
73-3-365
. In addition to, and without exclusion of, any other circumstances, cause to believe that an attorney may be personally incapable to practice law shall exist whenever information is received that such member (a) has interposed successfully a defense of mental incompetence to secure abatement of, or to defeat an adverse determination in, a disciplinary proceeding brought against him in any tribunal in any jurisdiction, (b) has defended, upon like grounds, a suit brought against him in any tribunal in any jurisdiction, (c) has been judicially declared incompetent, or (d) has been legally committed to an institution for the treatment of mental illness.
Laws, 1974, ch. 566, § 23(3); reenacted, Laws, 1983, ch. 302, § 50; reenacted, Laws, 1991, ch. 526, § 53; reenacted, Laws, 1992, ch. 515, § 53, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 73-3-353 - Personal incapacity; representation by counsel; guardian

In proceedings under Sections
73-3-347
through
73-3-365
, the attorney shall be entitled to representation by counsel. An attorney who has been declared mentally incompetent, judicially, or who has been committed, judicially, to an institution for the treatment of the mentally ill shall be defended by his legally appointed guardian or guardian ad litem, if any; if a guardian or guardian ad litem has not been appointed, the chief justice, on certification by the board of commissioners, shall appoint a guardian ad litem. The same procedure shall apply to an attorney who has asserted his incompetence, or whose incompetence to defend becomes apparent during the proceedings. In all cases, counsel previously selected by the attorney will be appointed guardian ad litem, absent clear and compelling reasons to the contrary.
Laws, 1974, ch. 566, § 23(4); reenacted, Laws, 1983, ch. 302, § 51; reenacted, Laws, 1991, ch. 526, § 54; reenacted, Laws, 1992, ch. 515, § 54, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 73-3-355 - Personal incapacity; service on attorney who has been committed or declared incompetent

Service of process or notice to an attorney who has been committed or declared incompetent shall be accomplished in the same manner as that for process of incompetents in proceedings in the chancery courts of Mississippi. After the appointment of a guardian ad litem, notices shall be served upon said guardian ad litem.
Laws, 1974, ch. 566, § 23(5); reenacted, Laws, 1983, ch. 302, § 52; reenacted, Laws, 1991, ch. 526, § 55; reenacted, Laws, 1992, ch. 515, § 55, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 73-3-357 - Personal incapacity; sufficiency, as evidence, of court order of incompetence or commitment

A certified copy of the court order declaring an attorney mentally incompetent, or an order of commitment if he has been committed to an institution for the mentally incompetent, shall constitute sufficient evidence that said attorney is personally incapable to practice law, if such is not successfully rebutted.
Laws, 1974, ch. 566, § 23(6); reenacted, Laws, 1983, ch. 302, § 53; reenacted, Laws, 1991, ch. 526, § 56; reenacted, Laws, 1992, ch. 515, § 56, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 73-3-359 - Personal incapacity; mental examination and reports

In any proceeding where mental incompetency is an issue, the attorney may be required to submit to a mental examination by one or more practicing psychiatrists selected by the board of commissioners or by the complaint tribunal after its designation. Reports of physicians regarding the mental condition of an attorney may be received as probative evidence, if the physicians are available for cross-examination.
Laws, 1974, ch 566, § 23(7); reenacted, Laws, 1983, ch. 302, § 54; reenacted, Laws, 1991, ch. 526, § 57; reenacted, Laws, 1992, ch. 515, § 57, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 73-3-361 - Personal incapacity; judgment of suspension by complaint tribunal

If, after a full hearing, the complaint tribunal finds the attorney personally incapable to practice law, the complaint tribunal shall enter a judgment formally suspending said attorney from the practice of law until the further order of the court.
Laws, 1974, ch. 566, § 23(8); reenacted, Laws, 1983, ch. 302, § 55; reenacted, Laws, 1991, ch. 526, § 58; reenacted, Laws, 1992, ch. 515, § 58, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 73-3-363 - Personal incapacity; appeal procedures

Procedures for the filing of the record and appeal from the judgment of the complaint tribunal shall be the same as the appeal procedures from a judgment of suspension or disbarment upon disciplinary grounds.
Laws, 174, ch. 566, § 23(9); reenacted, Laws, 1983, ch. 302, § 56; reenacted, Laws, 1991, ch. 526, § 59; reenacted, Laws, 1992, ch. 515, § 59, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 73-3-365 - Personal incapacity; reinstatement procedures

Procedures for reinstatement of an attorney suspended because of personal incapacity to practice law shall be, insofar as is applicable, the same as the procedure for reinstatement of an attorney following suspension upon disciplinary grounds. The petition for reinstatement shall be filed with the clerk of the court, and a copy of said petition shall be served upon the Mississippi Bar, and it shall be under a duty to investigate the matter, respond to the petition and appear at the hearing. The petitioner shall be required to supply such supporting proof of personal capacity as may be necessary and, in addition, the attorney may be required to submit to examinations by physicians or psychiatrists selected by the court. If the court is satisfied that the attorney has regained his capacity to practice law, the court may reinstate the petitioner to the practice of law and enter judgment accordingly; provided, however, no judgment of reinstatement shall be entered by default or on an ex parte basis, and in all cases the court shall hear the Mississippi Bar. A filing fee of One Hundred Fifty Dollars ($150.00) to defray the expense of investigating the matter shall be paid the Mississippi Bar upon the filing of each petition for reinstatement, and any petition for reinstatement subsequent to the initial petition shall not be filed within six (6) months from the date of an adverse determination of any prior petition.
Laws, 1974, ch. 566, § 23(10); reenacted, Laws, 1983, ch. 302, § 57; Laws, 1991, ch. 526, § 60; reenacted, Laws, 1992, ch. 515, § 60, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 73-3-367 - Disciplinary agencies; authority to incur expenses

All disciplinary agencies of the court are hereby authorized to incur reasonable and necessary expenses in connection with the investigation and disposition of charges and complaints.
Laws, 1974, ch. 566, § 24; reenacted, Laws, 1983, ch. 302, § 58; reenacted, Laws, 1991, ch. 526, § 61; reenacted, Laws, 1992, ch. 515, § 61, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 73-3-369 - Jurisdiction over nonresident attorneys; notice; service

The acceptance by a nonresident attorney of the rights and privileges of the practice of law within this state, as evidenced by his practice of law in this state, shall be deemed equivalent to an appointment by such nonresident attorney of the Executive Director of the Mississippi Bar to be his true and lawful attorney, upon whom may be served all process summons or notice of any and all proceedings against him instituted pursuant to and conducted under these rules of disciplinary procedure; and the acceptance of such rights and privileges and the practice of law by any such nonresident attorney in this state shall be a signification of his agreement that any such process, summons or notice against him which is so served shall be of the same legal force and validity as if served on him personally.
Notice of the service of such process, summons or notice, together with a copy of any complaint or charge, shall be mailed forthwith by the executive director by United States certified mail or registered mail, return receipt requested, restricted for delivery to addressee only, and with postage prepaid, to such nonresident attorney at his last known address.
When such process, summons or notice is served as herein provided it shall be deemed sufficient to give the court, and its disciplinary agencies provided for herein jurisdiction over said nonresident attorney for the purpose of investigating and finally determining any complaint or charge touching upon the professional conduct or conduct evincing unfitness for the practice of law or the personal incapacity to practice law of any such nonresident attorney.
Laws, 1974, ch. 566, § 25; reenacted, Laws, 1983, ch. 302, § 59; Laws, 1991, ch. 526, § 62; reenacted, Laws, 1992, ch. 515, § 62, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 73-3-371 - Plea of nolo contendere; consent order of suspension or disbarment

At any stage of the disciplinary proceedings, the board of commissioners may, in the exercise of its sole discretion, accept a plea of nolo contendere from the accused attorney and agree to the entry by the court of a consent order of suspension or disbarment of the accused attorney.
Notwithstanding the provisions of Section
73-3-315(e)
to the contrary, upon the acceptance of a plea of nolo contendere the investigation or disciplinary procedure shall terminate, and the board of commissioners will present to the court an agreed order to be entered by the court either suspending or disbarring said attorney by consent, as the particular circumstances of the matter may require in the discretion of the board of commissioners. Said order shall be a public record, and certified copies thereof shall be mailed to the judges of the circuit and chancery court districts within which the attorney resides.
For the purpose of determining the discipline to be imposed on the accused attorney, the board of commissioners shall consider a plea of nolo contendere as tantamount to proof of guilt of the offense or unprofessional conduct or personal disability to practice law on which said disciplinary proceeding was grounded.
Laws, 1974, ch. 566, § 26; reenacted, Laws, 1983, ch. 302, § 60; reenacted, Laws, 1991, ch. 526, § 63; reenacted, Laws, 1992, ch. 515, § 63, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 7 - PROCEDURES TO DISCIPLINE AND TO DETERMINE PERSONAL INCAPACITY TO PRACTICE LAW (§§ 73-3-301 — 73-3-373) › Section 73-3-373 - Recognition of inherent power of judicial branch of government

This article shall not be construed to modify or restrict the inherent right of the courts of record of the State of Mississippi to supervise the bar as an incident to their power to admit attorneys to practice and to the fulfillment of their responsibility for the proper administration of justice, it being here declared that it is an inherent power of the judicial branch of government ultimately to determine the qualifications of those to be admitted to practice in its court, for assisting in its work, and to protect itself and the citizenry of this state in this respect from the unfit, those lacking in sufficient learning and those not possessing good moral character. Any disciplinary proceeding in which the Mississippi Bar is a complaining party shall be conducted in accordance with the remaining sections of this article.
Laws, 1974, ch. 566, § 27; reenacted, Laws, 1983, ch. 302, § 61; Laws, 1991, ch. 526, § 64; reenacted, Laws, 1992, ch. 515, § 64, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 9 - REPEAL PROVISIONS FOR BOARD OF BAR ADMISSIONS (§§ 73-3-401 — 73-3-403) › Section 73-3-401 - [Repealed]

Repealed by Laws of 2006, ch. 471, § 16 eff. 7/1/2006.
Laws, 1979, ch. 301, §§ 32, 33; ch. 357, § 6; Laws, 1983, ch 302, § 62; ch. 457, § 17; Laws, 1991, ch. 560, § 16; Laws, 1999, ch. 372, § 1; Laws, 2000, ch. 548, § 1; Laws, 2003, ch. 524, § 16, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 9 - REPEAL PROVISIONS FOR BOARD OF BAR ADMISSIONS (§§ 73-3-401 — 73-3-403) › Section 73-3-403 - [Repealed]

Laws, 1991, ch. 526, § 65; Laws, 1992, ch. 515, § 65; Laws, 1995, ch. 556, § 1; Laws, 2000, ch. 568, § 1; Laws, 2002, ch. 599, § 1; Laws, 2007, ch. 340, § 1, eff. 7/1/2007.
Repealed by Laws, 2014, ch. 311, HB 409, 1, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Auctioneers License Act."
Laws, 1995, ch. 405 § 1; reenacted without change, Laws, 2010, ch. 335, § 1, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 1, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 1, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-3 - Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed herein, unless the context otherwise requires:
(a)
"Auction" means a sale transaction conducted by means of oral or written exchanges between an auctioneer and the members of his audience, which exchanges consist of a series of invitations for offers for the purchase of goods made by the auctioneer and offers to purchase made by members of his audience and culminate in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience.
(b)
"Auction firm" means any business establishment or other location owned by any entity where goods are sold or advertised to be sold at auction or on any recurring basis.
(c)
"Auctioneer" means an individual who is engaged in, or who by advertising or otherwise holds himself out as being available to engage in, the calling for, the recognition of, and the acceptance of, offers for the purchase of goods or real estate at an auction.
(d)
"Commission" means the Mississippi Auctioneer Commission.
(e)
"Goods" means any tangible personal property that can be lawfully offered for sale, real estate, property sold pursuant to any will or settlement of any estate, property sold pursuant to any legal foreclosure, automobiles or farm or other heavy equipment.
(f)
"Licensee" means any person licensed under this chapter, and, in the case of an auction firm, includes the person required to obtain a license for such auction firm.
(g)
"Organization" means a corporation, partnership, trust (specifically a business trust), firm, association, or any other form of business enterprise which is owned by two (2) or more individuals.
(h)
"Person" means an organization or an individual.
Laws, 1995, ch. 405 § 2; Laws, 2009, ch. 476, § 1; reenacted without change, Laws, 2010, ch. 335, § 2, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 2, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 2, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-5 - License required to conduct auction, provide auction services, hold self out as or advertise services as auctioneer; exceptions

(1)
It is unlawful for any person, corporation, limited liability company, partnership or other entity to conduct an auction, provide an auction service, hold himself out as an auctioneer, or advertise his services as an auctioneer in the State of Mississippi without a license issued by the commission under this chapter.
(2)
The provisions of this chapter shall not apply to the following transactions:
(a)
A sale conducted by order of any United States court pursuant to Title 11 of the United States Code relating to bankruptcy;
(b)
A sale conducted by an employee of the United States or the State of Mississippi or its political subdivisions in the course and scope of his employment;
(c)
A sale conducted by a charitable or nonprofit organization if the auctioneer receives no compensation;
(d)
A sale conducted by an individual of his own property if such individual is not engaged in the business of selling such property as an auctioneer on a recurring basis;
(e)
A sale conducted by an individual acting as a receiver, trustee in bankruptcy, guardian, administrator or executor or any such person acting under order of court; by a real estate agent, broker or salesman, who auctions property that he has an exclusive listing agreement on, if done through a silent or written auction not done by public outcry or by a trustee acting under a trust agreement, deed of trust or will;
(f)
A foreclosure sale of personal property conducted personally by the mortgagee or other secured party or an employee or agent of such mortgagee or other secured party acting in the course and scope of his employment if the employee or agent is not engaged otherwise in the auction business and if all property for sale in the auction is subject to a security agreement;
(g)
A sale conducted by sealed bid;
(h)
An auction conducted in a course of study, approved by the Secretary of State, for auctioneers and conducted only for student training purposes;
(i)
An auction conducted by a posted stockyard or market agency as defined by the Federal Packers and Stockyard Act, 1921, as amended (7 USCS 181 et seq.);
(j)
An auction of livestock conducted by a nonprofit livestock trade association chartered in this state if the auction involves only the sale of the trade association's members' livestock; or
(k)
An auction conducted by a charitable or nonprofit organization chartered in this state if the auction involves only the property of the organization's members and the auction is part of a fair that is organized under state, county or municipal authority.
Laws, 1995, ch. 405 § 3; Laws, 2009, ch. 476, § 2; reenacted without change, Laws, 2010, ch. 335, § 3, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 3, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 3, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-9 - Meetings of commission generally; quorum; requirement of majority vote

The commission shall meet each January at a time and place established by the chairman to conduct an election of officers and such other business as may be appropriate. The commission shall also meet upon the call of the chairman or upon the request of any two (2) members of the commission. The secretary shall provide reasonable notice of the time and place of each meeting to all members.
Three (3) members shall constitute a quorum for the purpose of transacting business. A majority vote of the commission shall be necessary to bind the commission.
Laws, 1995, ch. 405 § 5; reenacted without change, Laws, 2010, ch. 335, § 5, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 5, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 5, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-11 - Officers of commission; executive director

(1)
At the meeting to be held each January, the commission shall elect from its membership a chairman and a vice chairman. Each officer shall serve a term of one (1) year and shall not vacate office until a successor is elected.
(2)
The chairman shall preside at all meetings of the commission.
(3)
The vice chairman shall act as presiding officer in the absence of the chairman and shall perform such other duties as the chairman may direct.
(4)
The commission shall appoint an executive director who shall not be a member of the commission, to a term of four (4) years, with the advice and consent of the Senate, consistent with the provisions of Section
7-1-35
, Mississippi Code of 1972.
(5)
The executive director shall:
(a)
Notify all members of meetings;
(b)
Keep a record of all meetings of the commission, votes taken by the commission and other proceedings, transactions, communications, official acts and records of the commission; and
(c)
Perform such other duties as the chairman directs.
Laws, 1995, ch. 405 § 6; reenacted without change, Laws, 2010, ch. 335, § 6, eff. 7/1/2010.
Amended by Laws, 2024, ch. 497, SB 2799,§ 3, eff. 7/1/2024.
Reenacted by Laws, 2016, ch. 348, HB 504, 6, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 6, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-13 - Powers and duties of commission

The commission is empowered to:
(a)
Administer and enforce the provisions of this chapter.
(b)
Promulgate such rules and regulations and prescribe such forms as are necessary for the administration and the effective and efficient enforcement of this chapter.
(c)
Issue, suspend and revoke licenses in accordance with this chapter.
(d)
Provide for the filing and approval of surety bonds as required by this chapter.
(e)
Investigate complaints concerning licensees or persons the commission has reason to believe should be licensees, specifically including complaints respecting failure to comply with this chapter or the rules and regulations promulgated as authorized by this chapter and to take appropriate action to address such complaints.
(f)
Commence actions, in the name of the State of Mississippi, in an appropriate circuit court in order to force compliance with this chapter or rules and regulations promulgated hereunder by restraining order or injunction.
(g)
Hold public hearings on any matters for which a hearing is required under this chapter and to have all powers granted by law for such hearings.
(h)
Adopt a seal and, through its secretary, certify copies.
(i)
Appoint an executive director and employ all necessary employees and consultants to administer and enforce this chapter.
Laws, 1995, ch. 405 § 7; reenacted without change, Laws, 2010, ch. 335, § 7, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 7, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 7, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-15 - Mississippi Auctioneer Licensure Fund

All fees and other monies collected or received by the commission under this chapter shall be deposited into a special fund which is hereby created in the State Treasury, to be known as the "Mississippi Auctioneer Licensure Fund." Unexpended amounts remaining in such special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in such special funds shall be deposited to the credit of the special fund. All monies in the special fund shall be expended or used exclusively for the purposes of carrying out the provisions of this chapter. All records of such fees received by the commission and deposited in the special fund shall be available for inspection by the State Auditor. Monies from the special fund shall be used to support the commission, upon appropriation by the Legislature.
Laws, 1995, ch. 405 § 8; Laws, 2009, ch. 476, § 3; reenacted without change, Laws, 2010, ch. 335, § 8, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 8, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 8, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-21 - Exemption from examination requirement for residents

(1)
Any person who has practiced the auctioneering profession in this state and has been a resident of the State of Mississippi for at least two (2) years before July 1, 1995, may apply for an auctioneer's license hereunder without taking the examination as set forth in Section
73-4-17
. The requirements for such an application are as follows:
(a)
Submit an application as provided in this chapter.
(b)
Submit an affidavit with the application that such applicant has been a practicing auctioneer and a resident of the State of Mississippi for at least two (2) years before July 1, 1995, and that such applicant has actually called bids in at least three (3) sales in the past one (1) year.
(c)
Tender with the application the license fee set by the commission.
(d)
Tender proof of financial responsibility in the form of a surety bond in the sum of Ten Thousand Dollars ($10,000.00).
(2)
If, upon verification of the information contained in the application, the individual is found to be otherwise qualified, the commission shall issue the applicant a license without examination.
Laws, 1995, ch. 405, § 11; Repealed by Laws, 2009, ch. 476, § 12, eff. 7/1/2009; reenacted without change, Laws, 2010, ch. 335, § 11, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 11, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 11, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-23 - Exemption from examination requirements for nonresidents

Any auctioneer who is licensed in a state that (a) has requirements equal to the requirements of this chapter, (b) has requirements that have been approved by the commission, after a review of such state's licensing law, and (c) has entered into a reciprocal licensing agreement with the State of Mississippi through such state's regulatory authority over auctioneering, may apply for and be granted a license without examination. Applicants for a license through reciprocity shall furnish the commission by application the same information as that required of resident applicants. In addition to the biennial license fee, nonresidents shall pay to the commission a fee of Two Hundred Fifty Dollars ($250.00). A nonresident auctioneer shall furnish to the commission a surety bond, obligated to the State of Mississippi, in the amount of Ten Thousand Dollars ($10,000.00) prior to being issued a license. The bond shall be executed by the person seeking the license as principal and by a corporate surety, licensed to do business in this state, as surety. The bond shall otherwise be in accordance with the provisions of this chapter.
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, 1995, ch. 405 § 12; reenacted without change, Laws, 2010, ch. 335, § 12, eff. 7/1/2010.
Amended by Laws, 2021, ch. 398, HB 1263,§ 5, eff. 7/1/2021.
Reenacted by Laws, 2016, ch. 348, HB 504, 12, eff. 7/1/2016.
Reenacted and amended by Laws, 2013, ch. 415, HB 1165, 12, eff. 7/1/2013.
Amended by Laws, 2013, ch. 350, SB 2419, 7, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-29 - Filing of bonds by applicants for licenses; requirements for auctions of factory-built homes

(1)
Every person who applies for an auctioneer's license, as a condition to the granting and the retention thereof, shall file or have on file with the commission, a bond in the amount of Ten Thousand Dollars ($10,000.00).
(2)
Every person or persons who apply for an auction firm license, as a condition to the granting and the retention thereof, shall file or have on file with the commission, a bond in the amount of Ten Thousand Dollars ($10,000.00).
(3)
(a)
Factory-built homes as defined by Section
75-49-3
, because of the manner of their construction, assembly and use and that of their systems, components and appliances (including heating, plumbing and electrical systems), like other finished products having concealed vital parts, may present hazards to the health, life and safety of persons and to the safety of property unless properly inspected prior to sale and properly anchored and blocked at the homesite after the sale so as to provide reasonable safety and protection to their owners and users. In order to insure that these homes are properly anchored and blocked at the homesite in accordance with the rules, regulations and procedures promulgated by the State Commissioner of Insurance pursuant to his rule-making power contained in Section
75-49-5
, auctions of these homes shall be restricted to factory-built housing dealers licensed pursuant to Section
75-49-9
and subject to the penalties of Section
75-49-19
, except as otherwise provided in paragraph (b).
(b)
An auctioneer licensed under this chapter may auction a factory-built home without obtaining a license pursuant to Section
75-49-9
, if the auction is not for the sole purpose of disposing of factory-built homes and if the disposal of the factory-built home is incidental to, and a part of, an entire estate or liquidation auction. The number of such homes that may be auctioned pursuant to this paragraph is limited to three (3) being offered for sale in one (1) auction or event.
Laws, 1995, ch. 405 § 15; Laws, 2009, ch. 476, § 8; reenacted without change, Laws, 2010, ch. 335, § 15, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 15, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 15, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-31 - Form, terms and conditions, and duration of bonds provided under chapter; liability on bonds; cancellation of bonds

(1)
The State of Mississippi shall be the obligee under any bond under this chapter.
(2)
Such bond shall be:
(a)
Executed by the person seeking the license as principal and by a corporate surety, licensed to do business in this state as a surety;
(b)
In such form and containing such terms and conditions as the commission prescribes;
(c)
Conditioned upon the faithful performance of all obligations of a licensee under this chapter and the rules and regulations promulgated hereunder, including the obligation to account for and pay over monies and proceeds to persons who are entitled to them; and
(d)
Effective from the date of its filing with the commission, such bond shall not be affected by the expiration of the license period and shall continue in full force and effect until cancelled, provided that the total and aggregate liability of the surety on a bond shall be limited to the amount specified in the bond and the continuous nature of the bond shall in no way be construed as allowing the liability of the surety under a bond to accumulate for each successive license period during which the bond is in force.
(3)
(a)
A licensee may not cancel a bond without the prior written approval of the commission and its approval of a substitute bond so as to provide continuous bonding of the licensee's activities.
(b)
The surety on a bond may cancel a bond filed under this chapter only after the expiration of ninety (90) days from the date the surety mails a notice of intent to cancel, by registered or certified mail, return receipt requested, to the commission and to the principal of the bond.
(c)
Not later than thirty (30) days prior to the date upon which a bond cancellation becomes effective, the licensee shall give written notice to the commission that a new bond has been obtained so as to provide continuous coverage of the licensee's activities.
Laws, 1995, ch. 405 § 16; reenacted without change, Laws, 2010, ch. 335, § 16, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 16, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 16, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-33 - Procedure for recovery on bonds; exclusivity of remedy

(1)
If any licensee fails, or is alleged to have failed, to meet the obligations under this chapter and the rules and regulations promulgated hereunder, the commission shall hold a hearing and determine whether there has been such a failure, determine those persons who are proven claimants under the bond and, if appropriate, distribute the bond proceeds to the proven claimants.
(2)
Actions upon the bond and the right to payment under the bond shall extend solely to the commission, except that if the commission has not initiated action under the bond by scheduling and holding a hearing, by litigation or otherwise, within thirty (30) days of a written request to do so, any claimant may initiate an action in the Circuit Court of Hinds County, Mississippi, to require the commission to take action.
(3)
If, after a hearing, the commission determines that proven claims exceed the amount of the bond proceeds, the proceeds shall be prorated among proven claimants in the ratio that the amount of their proven claim bears to the total amount of all proven claims.
(4)
The determination of the commission as to the fact and the amount of liability under the bond and the amount distributed to the claimants under the bond shall be binding upon the principal and surety of the bond.
(5)
All hearings held under this section shall be held in accordance with the laws of this state.
(6)
The existence of the bond and the bond recovery procedure shall in no way affect or alter any other right or remedy which a person may have under applicable law.
Laws, 1995, ch. 405 § 17; reenacted without change, Laws, 2010, ch. 335, § 17, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 17, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 17, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-35 - Standards governing performance of duties of auctioneers; accounting and payment of monies to owners or consignors of goods involved in auction

(1)
In performing the duties of an auctioneer, every auctioneer shall follow all reasonable requests of the owner or consignor of the goods being sold at the auction. Every auctioneer shall perform such auctioneer's duties so that the highest or most favorable offer made by a member of the audience is accepted, and shall otherwise perform such duties in accordance with the highest standards of the auctioneering profession.
(2)
(a)
Every licensee, within five (5) business days after the sale transaction, shall account to, or provide an accounting for, those persons who own or who are acting as consignor of goods which are the subject of an auction engaged in or conducted by such licensee or upon such licensee's premises.
(b)
Every licensee, within five (5) business days after a sale of goods and at closing of the sale, shall pay over, or provide for the paying over of, all monies and proceeds due to the owner or consignor of goods which was the subject of an auction engaged in or conducted by such licensee or upon such licensee's premises.
Laws, 1995, ch. 405 § 18; reenacted without change, Laws, 2010, ch. 335, § 18, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 18, eff. 7/1/2016.
Reenacted and amended by Laws, 2013, ch. 415, HB 1165, 18, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-37 - Recordkeeping requirements

Each licensee shall keep and maintain in a safe place for a period of not less than two (2) years complete and correct records and accounts pertaining to such licensee's licensed activity, including the name and address of the owner or consignor of all goods involved in such activities, a description of such goods, the terms and conditions of the acceptance of such goods and accounts of all monies received and paid out, whether on the licensee's own behalf or as agent, as a result of such activities.
Laws, 1995, ch. 405 § 19; reenacted without change, Laws, 2010, ch. 335, § 19, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 19, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 19, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-39 - Requirement of written contract for sale of goods; time period for retention of contract

Except with respect to goods sold through an auction firm, no licensee shall sell goods at an auction until the auctioneer or auction firm involved has first entered into a written contract with the owner or consignor of such goods, which contract sets forth the terms and conditions upon which such auctioneer or auction firm accepts the goods for sale. A copy of every written contract shall be retained for a period of two (2) years from the date of the auction.
Laws, 1995, ch. 405 § 20; Laws, 2009, ch. 476, § 9; reenacted without change, Laws, 2010, ch. 335, § 20, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 20, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 20, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-41 - Advertisement of auctions

All advertisements of auctions shall disclose:
(a)
The auctioneer's name and the name of the auction firm involved; and
(b)
Whether the auction is to be absolute or with reserve; and
(c)
The auctioneer's or auction firm's auction license number.
Laws, 1995, ch. 405 § 21; Laws, 2009, ch. 476, § 10; reenacted without change, Laws, 2010, ch. 335, § 21, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 21, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 21, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-43 - Requirement of license; penalties for unlicensed conduct

(1)
An individual may not act as an auctioneer without first having obtained and having in effect the license required under this chapter.
(2)
Any person, except a licensed auctioneer who shall have become exempt by reason of compliance with the applicable provisions of this chapter, may not operate an auction firm without having obtained and having in effect a license for such auction firm as required under this chapter.
(3)
A person who violates the provisions of this section shall be fined, upon conviction, not more than One Thousand Dollars ($1,000.00).
(4)
When the commission or its authorized designee determines that person or party not licensed under this chapter is engaged in or is believed to be engaged in activities for which a license is required under this chapter, the commission or its designee may issue an order requiring that person to desist immediately and refrain from such conduct or activities. The affected person or party may appeal the issuance of the cease and desist order by filing notice of appeal within seven (7) calendar days after service of the order. A hearing must be held within twenty (20) days after a notice of appeal has been timely filed. Service of the cease and desist order shall be considered to have been given if the notice or order was personally served on the person or party or if the order was mailed by certified United States mail to the person's or party's last known address available to the commission. A person or party who has been issued an order to cease and desist that has become final either through default or administrative proceeding before the commission may not engage in the activity or conduct which is the subject of the order. A cease and desist order issued by the commission shall be enforceable in the courts of competent jurisdiction in this state.
(5)
Any person or party that practices, offers to practice, attempts to practice, or holds oneself out to practice as an auctioneer, auction firm, or any other licensee under this chapter without being licensed by the commission shall, in addition to any other penalty provided by law, pay a civil penalty to the commission in an amount not to exceed Five Thousand Dollars ($5,000.00) for each offense as determined by the commission. The civil penalty shall be paid within sixty (60) calendar days after the effective date of the order imposing the penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner from any court of record.
Laws, 1995, ch. 405 § 22; Laws, 2009, ch. 476, § 11; reenacted without change, Laws, 2010, ch. 335, § 22, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 22, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 22, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-45 - Penalties for violations of chapter

Any person who violates any provision of this chapter for which a specific penalty is not provided, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00).
Laws, 1995, ch. 405 § 23; reenacted without change, Laws, 2010, ch. 335, § 23, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 23, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 23, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-47 - Proceedings for injunctions

The commission may maintain an action in the name of the State of Mississippi to enjoin any person from engaging, without a license issued under this chapter or pursuant to an exemption defined in this chapter, in any activity for which a license is required under this chapter.
Laws, 1995, ch. 405 § 24; reenacted without change, Laws, 2010, ch. 335, § 24, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 24, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 24, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-49 - Charging of violations of chapter

In charging any person in an affidavit, information, or indictment with a violation of conducting, without a license or pursuant to an exemption of this chapter, any activity for which a license or an exemption therefor is required, it shall be sufficient to charge that the person did, upon a certain day and in certain county, engage in such activity and that such person did not have a license or exemption to do so. No further facts need to be averred concerning the matter.
Laws, 1995, ch. 405 § 25; reenacted without change, Laws, 2010, ch. 335, § 25, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 25, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 25, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-51 - Appropriations

All new programs authorized in this chapter are subject to the availability of funds specifically appropriated therefor by the Legislature.
Laws, 1995, ch. 405 § 26; reenacted without change, Laws, 2010, ch. 335, § 26, eff. 7/1/2010.
Reenacted by Laws, 2016, ch. 348, HB 504, 26, eff. 7/1/2016.
Reenacted without change by Laws, 2013, ch. 415, HB 1165, 26, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 4 - AUCTIONEERS (§§ 73-4-1 — 73-4-53) › Section 73-4-53 - [Repealed]

Laws, 2009, ch. 476, § 13; reenacted and amended, Laws, 2010, ch. 335, § 27, eff. 7/1/2010.
Repealed by Laws, 2016, ch. 348, HB 504, 27, eff. 7/1/2016.
Amended by Laws, 2013, ch. 415, HB 1165, 27, eff. 7/1/2013.