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 73-35-5 - Real estate commission created; organization; seal; records

(1)
There is hereby created the Mississippi Real Estate Commission. The commission shall consist of five (5) persons, to be appointed by the Governor with the advice and consent of the Senate. Each appointee shall have been a resident and citizen of this state for at least six (6) years prior to his appointment, and his vocation for at least five (5) years shall have been that of a real estate broker. One (1) member shall be appointed for the term of one (1) year; two (2) members for terms of two (2) years; two (2) members for terms of four (4) years; thereafter, the term of the members of said commission shall be for four (4) years and until their successors are appointed and qualify. There shall be one (1) commissioner from each Supreme Court District, as such districts are constituted at the time of appointment, and two (2) from the state at large. The commissioners appointed from each of the Supreme Court Districts shall be bona fide residents of the district from which each is appointed, and the commissioners appointed from the state at large shall be bona fide residents of the State of Mississippi. Members to fill vacancies shall be appointed by the Governor for the unexpired term. The Governor may remove any commissioner for cause. The State of Mississippi shall not be required to furnish office space for such commissioners. The provisions of this section shall not affect persons who are members of the Real Estate Commission as of January 1, 2002. Such members shall serve out their respective terms, upon the expiration of which the provisions of this section shall take effect. Nothing provided herein shall be construed as prohibiting the reappointment of any member of the said commission.
(2)
The Mississippi Real Estate Commission, created by former Section
73-35-5
, is continued and reconstituted as follows: Effective January 1, 2028, the members designated in subsection (1) of this section shall be appointed by the Governor, with the advice and consent of the Senate, provided that three (3) such members shall be appointed in 2028 to a term ending December 31, 2031, and two (2) such members shall be appointed in 2030 to a term ending December 31, 2033. Appointments made at the beginning of the four-year cycle shall be made to fill any member's term which actually expires that year and any member's term which expires next until the majority of the membership of the board or commission is reached. Appointments made at the beginning of the third year of the four-year cycle shall be made for the remainder of the membership positions irrespective of the time of their prior appointment. Any question regarding the order of appointments shall be determined by the Secretary of State in accordance with the specific statute. All appointment procedures, vacancy provisions, interim appointment provisions and removal provisions specifically provided for in Section
7-1-35
, Mississippi Code of 1972, shall be fully applicable to appointments to the Mississippi Real Estate Commission.
(3)
The commission shall organize by selecting from its members a chairman, and may do all things necessary and convenient for carrying into effect the provisions of this chapter, and may from time to time promulgate rules and regulations. Each member of the commission shall receive per diem as authorized in Section
25-3-69
, Mississippi Code of 1972, and his actual and necessary expenses incurred in the performance of duties pertaining to his office as authorized in Section
25-3-41
, Mississippi Code of 1972.
(4)
The commission shall adopt a seal by which it shall authenticate its proceedings. Copies of all records and papers in the office of the commission, duly certified and authenticated by the seal of said commission, shall be received in evidence in all courts equally and with like effect as the original. All records kept in the office of the commission under the authority of this chapter shall be open to public inspection except pending investigative files.
(5)
The board is authorized to appoint an executive director for a term of four (4) years, with the advice and consent of the Senate, and consistent with the provisions of Section
7-1-35
, Mississippi Code of 1972.
Codes, 1942, § 8920-03; Laws, 1954, ch. 318, § 3; Laws, 1955, Ex. Sess. ch. 94, § 1; Laws, 1974, ch. 485, § 1; reenacted and amended, Laws, 1980, ch. 499, § 3; Laws, 1988, ch. 477, § 3; Laws, 1991, ch. 355, § 2; Laws, 2002, ch. 512, § 2, eff. 7/1/2002.
Amended by Laws, 2024, ch. 497, SB 2799,§ 12, eff. 5/8/2024.