reglab/statecodes huggingface dataset:
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 73-35-11 - Nonresident may not act except in cooperation with licensed broker of state

It shall be unlawful for any licensed broker, salesperson or other person who is not licensed as a Mississippi resident or nonresident broker or salesperson and a licensed broker or licensed salesperson in this state to perform any of the acts regulated by this chapter, except that a licensed broker of another state who does not hold a Mississippi real estate license may cooperate with a licensed broker of this state provided that any commission or fee resulting from such cooperative negotiation shall be stated on a form filed with the commission reflecting the compensation to be paid to the Mississippi broker.
Whenever a Mississippi broker enters into a cooperative agreement under this section, the Mississippi broker shall file within ten (10) days with the commission a copy of each such written agreement. By signing the agreement, the nonresident broker who is not licensed in this state agrees to abide by Mississippi law, and the rules and regulations of the commission; and further agrees that civil actions may be commenced against him in any court of competent jurisdiction in any county of this state in which a claim may arise.
The Mississippi broker shall require a listing or joint listing of the property involved. The written cooperative agreements shall specify all material terms of each agreement, including but not limited to its financial terms.
The showing of property located in Mississippi and negotiations pertaining thereto shall be supervised by the Mississippi broker. In all advertising of real estate located in Mississippi, the name and telephone number of the Mississippi broker shall appear and shall be given equal prominence with the name of the nonresident broker who is not licensed in this state.
The Mississippi broker shall be liable for all acts of the above cooperating broker, as well as for his own acts, arising from the execution of any cooperative agreement.
The Mississippi broker shall determine that the cooperating broker is licensed as a broker in another state.
All earnest money pertaining to a cooperative agreement must be held in escrow by the Mississippi broker unless both the buyer and seller agree in writing to relieve the Mississippi broker of this responsibility.
Codes, 1942, § 8920-06.5; Laws, 1960, ch. 117, § 6; Laws, 1979, ch. 493, § 1; reenacted, Laws, 1980, ch. 499, § 6; Laws, 1988, ch. 477, § 6; Laws, 1991, ch. 355, § 5; Laws, 1992, ch. 533, § 3, eff. 7/1/1992.
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 73-35-14 - Real estate schools; regulation by commission

(1)
An institution or organization desiring to conduct a school or offer a course of instruction to prepare persons to be licensed under this chapter, or to offer post-licensure courses, shall apply to the commission for accreditation, and shall submit evidence that it is prepared to carry out a prescribed minimum curriculum in real estate principles and practices as set forth in this chapter and can meet other standards established by the commission. An investigation of the school and of the institution or organization with which such school is affiliated shall be made by the commission. If, in the opinion of the commission, the requirements for an accredited school for instruction in real estate principles and practices are met, the commission shall approve the school as an accredited real estate school upon payment of the fees set forth in this chapter and such other fees as established by the commission. All schools so accredited shall register at required intervals on a form provided and pay the required registration fees specified in this chapter and such other fees as established by the commission.
(2)
The commission shall have the authority to revoke, suspend or otherwise discipline the accreditation of any real estate school, prelicense education provider or post-license education provider if the commission determines that the school or education provider is not meeting or has not met the standards required for such accreditation. If the commission determines that any accredited real estate school or education provider is not maintaining the standards required by the commission, notices thereof in writing specifying the defect or defects shall be given promptly to the school or provider. If such defect or defects are not remedied in the time specified by the commission, the commission shall hold a hearing to determine the disciplinary action, if any, to be taken. Such hearing will be noticed to the school or provider, who will be allowed to attend the hearing and present to the commission its reasons why it should not be disciplined.
(3)
A college or university in the State of Mississippi accredited by the Southern Association of Colleges and Schools or the comparable regional accrediting authority shall be an approved education provider for prelicense courses for both the broker's and salesperson's license by virtue of such accreditation. Such colleges and universities are not required to meet any other standards provided herein.
Laws, 2002, ch. 512, § 7, eff. 7/1/2003.
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 73-35-14.1 - Standards for real estate schools

(1)
Minimum standards for initial and continuing accreditation as a real estate school or prelicense education provider shall include:
(a)
Payment of any fees established by the commission. If the school or provider is accredited as a prelicense school or prelicense education provider, fees shall include a biennial fee of Two Thousand Five Hundred Dollars ($2,500.00).
(b)
The school or prelicense education provider must maintain an annual average pass rate of at least sixty-five percent (65%) on each of the real estate broker's license examination and the real estate salesperson's license examination. The term annual average pass rate shall be as defined by the commission. If a school or prelicense education provider does not meet the minimum annual average pass rate, the commission shall allow the school or prelicense education provider a minimum of a three-month time period in which to attain the minimum annual average pass rate.
(c)
Schools and prelicense education providers must use a method for instructor evaluation by students attending prelicense education classes. The commission may establish minimum standards for instructor evaluation. In the event the provider does not meet those minimum standards, the commission may revoke a provider's authority to offer prelicense education courses. Schools and prelicense education providers must provide the results of such instructor evaluations to the commission in the manner the commission directs.
(2)
The commission may establish by rule such other standards for schools, prelicense education providers and post-license education providers as the commission may deem necessary.
Laws, 2002, ch. 512, § 8, eff. 7/1/2003.
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 73-35-14.2 - Standards for instructors

(1)
Minimum standards for instructors for prelicense and post-license education courses required for licensure as a real estate broker or a real estate salesperson shall include:
(a)
Licensure as a Mississippi real estate broker or real estate salesperson for the immediate past five (5) years prior to application; or
(b)
Current certification as a Certified Public Accountant; or
(c)
Attainment of a Juris Doctor (J.D.) or Bachelor of Laws (L.L.B.) degree from a law school whose accreditation is recognized by the Mississippi Supreme Court; or
(d)
Demonstration of significant expertise in a particular real estate related subject area, as determined and approved by the commission.
(2)
The commission may establish by rule such other standards for instructors of prelicense education and post-license education as the commission may deem necessary.
Laws, 2002, ch. 512, § 9, eff. 7/1/2003.
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 73-35-14.3 - Course content

(1)
Minimum standards for the content for education courses required for licensure as a real estate broker or a real estate salesperson shall include content on:
(a)
The provisions of this chapter and any rules and regulations promulgated hereunder;
(b)
Listing property;
(c)
Property valuation/appraisal;
(d)
Real estate arithmetic;
(e)
Characteristics of real property;
(f)
Agency and nonagency relationships;
(g)
Real estate sale contracts/agreements of sale;
(h)
Leasing and property management;
(i)
Transfer of title/ownership/deeds;
(j)
Settlement procedures;
(k)
Financing;
(l)
Professional responsibilities and ethics;
(m)
Fair housing;
(n)
Federal laws affecting real estate.
(2)
A prelicense course must meet any standards that the Association of Real Estate Licensing Law Officials (ARELLO), or its successor(s), may have for prelicense courses, including, without limitation, standards for content, form, examination, facilities and instructors. If ARELLO or its successor(s) operate a certification program for prelicense courses, a prelicense course must be certified by ARELLO or its successor(s) before the commission may approve the course.
(3)
The commission may establish by rule such other standards for prelicense education course content as the commission may deem necessary.
(4)
No more than eight (8) prelicense hours may be earned in a single day.
(5)
Courses covering the general content of subsection (1) of this section that are acceptable for credit toward a degree at a college or university as approved by the Southern Association of Colleges and Schools or the comparable regional accrediting authority shall qualify for the minimum standards for prelicense education by virtue of said accreditation. A semester-hour credit shall be equal to fifteen (15) classroom hours and a quarter-hour credit shall be equal to ten (10) classroom hours. Courses given under this section by such accredited institutions are not required to meet ARELLO standards or certifications. The commission may establish by rule that specific areas of the general content areas listed in subsection (1) of this section are not required to be met by courses offered by the accredited institutions under this subsection.
Laws, 2002, ch. 512, § 10, eff. 7/1/2003.
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 73-35-14.4 - Distance learning courses

(1)
The term "distance learning course(s)" shall mean any course approved by the commission in which the student is not physically present in a classroom with the instructor, including, without limitation, correspondence courses, video/DVD based courses and online electronic courses.
(2)
The commission may approve distance learning courses for prelicense education, post-license education and continuing education courses. Any distance learning course must meet any standards that the Association of Real Estate Licensing Law Officials (ARELLO), or its successor(s), may have for such courses, including, without limitation, standards for content, form, examination, facilities and instructors. If no ARELLO standards exist for a distance learning course, the commission shall establish by rule such minimum standards. If ARELLO or its successor(s) operate a certification program for distance learning courses, a distance learning course must be certified by ARELLO or its successor(s) before the commission may approve the course.
Laws, 2002, ch. 512, § 11, 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 73-35-15 - Location of business and responsible broker to be designated

(1)
Every person, partnership, association or corporation licensed as a real estate broker shall be required to have and maintain a definite place of business, which shall be a room either in his home or an office elsewhere, to be used for the transaction of real estate business, or such business and any allied business. The certificate of registration as broker and the certificate of each real estate salesperson employed by such broker shall be prominently displayed in said office. The said place of business shall be designated in the license. In case of removal from the designated address, the licensee shall make application to the commission before removal, or within ten (10) days after removal, designating the new location of such office, whereupon the commission shall forthwith issue a new license for the new location for the unexpired period.
(2)
All licenses issued to a real estate salesperson or broker-salesperson shall designate the responsible broker of such salesperson or broker-salesperson. Prompt notice in writing, within three (3) days, shall be given to the commission by any real estate salesperson of a change of responsible broker, and of the name of the principal broker into whose agency the salesperson is about to enter; and a new license shall thereupon be issued by the commission to such salesperson for the unexpired term of the original license upon the return to the commission of the license previously issued. The change of responsible broker or employment by any licensed real estate salesperson without notice to the commission as required shall automatically cancel his license. Upon termination of a salesperson's agency, the responsible broker shall within three (3) days return the salesperson's license to the commission for cancellation. It shall be unlawful for any real estate salesperson to perform any of the acts contemplated by this chapter either directly or indirectly after his agency has been terminated and his license has been returned for cancellation until his license has been reissued by the commission.
Codes, 1942, § 8920-08; Laws, 1954, ch. 318, § 8; reenacted, Laws, 1980, ch. 499, § 8; Laws, 1988, ch. 477, § 8; Laws, 1991, ch. 355, § 6; Laws, 2002, ch. 512, § 13, 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 73-35-19 - Real estate license fund

All fees charged and collected under this chapter shall be paid by the administrator at least once a week, accompanied by a detailed statement thereof, into the treasury of the state to credit of a fund to be known as the "Real Estate License Fund," which fund is hereby created. All monies which shall be paid into the State Treasury and credited to the "Real Estate License Fund" are hereby appropriated to the use of the commission in carrying out the provisions of this chapter including the payment of salaries and expenses, printing an annual directory of licensees, and for educational purposes. Maintenance of a searchable, internet-based web site shall satisfy the requirement for publication of a directory of licensees under this section.
Codes, 1942, § 8920-10; Laws, 1954, ch. 318, § 10; Laws, 1974, ch. 485, § 3; reenacted, Laws, 1980, ch. 499, § 10; Laws, 1999, ch. 588, § 3, eff. 1/1/2000.
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 73-35-20 - [Repealed]

Repealed by Laws of 2002, ch. 512, § 18, eff. 7/1/2002.
Laws, 1999, ch. 588, § 5, eff. 1/1/2000.
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 73-35-25 - Appeals

(1)
Any applicant or licensee or person aggrieved shall have the right of appeal from any adverse ruling or order or decision of the commission or administrative hearing officer to the circuit court of the county of residence of the applicant, licensee 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 commission upon the parties in interest.
(2)
Notice of appeals shall be filed in the office of the clerk of the court who shall issue a writ of certiorari directed to the commission commanding it, within thirty (30) days after service thereof, to certify to such court its entire record in the matter in which the appeal has been taken. The appeal shall thereupon be heard in due course by said court, without a jury, which shall review the record and make its determination of the cause between the parties.
(3)
Any order, rule or decision of the commission or administrative hearing officer shall not take effect until after the time for appeal to the court has expired. If an appeal is taken by a defendant, such appeal shall act as an automatic supersedeas and the court shall dispose of the appeal and enter its decision promptly. However, the commission may file a motion within ten (10) days of the date of filing the notice of appeal and request the court to lift the supersedeas upon the commission's showing, by clear and convincing evidence, that immediate and irreparable harm will or may occur if the licensee or person aggrieved were to continue operating as a licensee.
(4)
Any person taking an appeal shall post a satisfactory bond in the amount of Five Hundred Dollars ($500.00) for the payment of any costs which may be adjudged against him.
(5)
Actions taken by the commission 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.
Codes, 1942, § 8920-13; Laws, 1954, ch. 318, § 13; Laws, 1960, ch. 395, § 4; Laws, 1979, ch. 493, § 4; reenacted, Laws, 1980, ch. 499, § 13, 1988, ch. 477, § 13; Laws, 1996, ch. 507, § 69, eff. 7/1/1996.
Amended by Laws, 2022, ch. 302, SB 2097,§ 2, eff. 2/2/2022.
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 73-35-27 - Duties of commission

(1)
The commission is hereby authorized to assist in conducting or holding real estate courses or institutes, and to incur and pay the necessary expenses in connection therewith, which courses or institutes shall be open to any licensee or other interested parties.
(2)
The commission is hereby authorized to assist libraries, real estate institutes, and foundations with financial aid, or otherwise, in providing texts, sponsoring studies, surveys and educational programs for the benefit of real estate and the elevation of the real estate business.
Codes, 1942, § 8920-14; Laws, 1954, ch. 318, § 14; Laws, 1960, ch. 395, § 5; reenacted, Laws, 1980, ch. 499, § 14; Laws, 1988, ch. 477, § 14, 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 73-35-29 - Administrator to give bond

The administrator, appointed by the commission, in the discretion of the commission, shall give bond in such sum and with such surety as the commission may direct and approve, and the premium thereon shall be paid by the commission.
Codes, 1942, § 8920-15; Laws, 1954, ch. 318, § 15; Laws, 1974, ch. 485, § 6; reenacted, Laws, 1980, ch. 499, § 15; Laws, 1988, ch. 477, § 15, 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 73-35-31 - Penalties for violations of chapter

(1)
Any person violating a provision of this chapter shall, upon conviction of a first violation thereof, if a person, be punished by a fine or 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; and if a corporation, be punished by a fine of not more than Two Thousand Dollars ($2,000.00). Upon conviction of a second or subsequent violation, if a person, shall be punished 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; and if a corporation, be punished by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00). Any officer or agent of a corporation, or any member or agent of a partnership or association, who shall personally participate in or be accessory to any violation of this chapter by such corporation, partnership or association, shall be subject to the penalties herein prescribed for individuals.
(2)
In case any person, partnership, association or corporation shall have received any sum of money, or the equivalent thereto, as commission, compensation or profit by or in consequence of his violation of any provision of this chapter, such person, partnership, association or corporation 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.
(3)
No fee, commission or other valuable consideration may be paid to a person for real estate brokerage activities as described in subsection (1) of Section
73-35-3
unless the person provides evidence of licensure under the provisions of this chapter or provides evidence of a cooperative agreement provided under the authority of Section
73-35-11
.
Codes, 1942, § 8920-16; Laws, 1954, ch. 318, § 16; Laws, 1976, ch. 357; reenacted, Laws, 1980, ch. 499, § 16; Laws, 2005, ch. 374, § 1, eff. 7/1/2005.
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 73-35-33 - License required to sue for compensation; suit by salesperson in own name

(1)
No person, partnership, association or corporation 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 brokers, unless such person was duly licensed hereunder as a real estate broker at the time of the doing of such act or the rendering of such service.
(2)
No real estate salesperson shall have the right to institute suits in his own name for the recovery of a fee, commission or compensation for services as a real estate salesperson, but any such action shall be instituted and brought by the broker employing such salesperson. However, any real estate salesperson shall have the right to bring an action in his own name if the action is against the broker employing such salesperson for the recovery of any fees owed to him.
Codes, 1942, § 8920-17; Laws, 1954, ch. 318, § 17; reenacted, Laws, 1980, ch. 499, § 17; Laws, 1988, ch. 477, § 16; Laws, 1992, ch. 533, § 9, eff. 7/1/1992.
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 73-35-35 - Commission to adopt rules and regulations; notice of rule or regulation change or adoption

(1)
The commission may act by a majority of the members thereof, and authority is hereby given to the commission to adopt, fix and establish all rules and regulations in its opinion necessary for the conduct of its business, the holdings of hearings before it, and otherwise generally for the enforcement and administration of the provisions of this chapter.
Further, the commission is empowered with the authority to adopt such rules and regulations as it deems appropriate to regulate the sale of timesharing and condominium properties within the State of Mississippi and the sale of timesharing and condominium properties in other states to residents of Mississippi.
(2)
Beginning on July 1, 2019, the commission shall provide notice by email to each real estate broker and real estate salesperson who has provided an email address to the commission under Section
73-35-9
or
73-35-18
of each proposed rule or regulation change or adoption. The notice required under this subsection must be given on no less than three (3) separate occasions during the notice period prescribed under the Mississippi Administrative Procedures Law (Chapter 43, Title 25, Mississippi Code of 1972).
Codes, 1942, § 8920-18; Laws, 1954, ch. 318, § 18; reenacted, Laws, 1980, ch. 499, § 18; Laws, 1983, ch. 476, § 4, eff. 7/1/1983.
Amended by Laws, 2019, ch. 339, HB 1292,§ 3, eff. 7/1/2019.
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 73-35-37 - [Repealed]

Repealed by Laws of 1988, ch. 477, § 17, eff. 1/1/1989.
Laws, 1979, ch. 301, § 41; reenacted, Laws, 1980, ch. 499, § 19.
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) › INTEREST ON REAL ESTATE BROKERS' ESCROW ACCOUNTS ACT (§§ 73-35-101 — 73-35-105) › Section 73-35-101 - Short title

Sections
73-35-101
through
73-35-105
shall be known and may be cited as the "Interest on Real Estate Brokers' Escrow Accounts Act."
Laws, 1993, ch. 408, § 1, eff. 7/1/1993.
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) › INTEREST ON REAL ESTATE BROKERS' ESCROW ACCOUNTS ACT (§§ 73-35-101 — 73-35-105) › Section 73-35-103 - Definitions

As used in Sections
73-35-101
through
73-35-105
, the following terms shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a)
"Real estate broker" or "broker" means an individual, partnership or corporation licensed pursuant to Section
73-35-1
et seq., and as defined under Section
73-35-3(1)
.
(b)
"IREBEA" means the program created and governed by Sections
73-35-101
through
73-35-105
.
(c)
"Interest earnings" means the total interest earnings generated by the IREBEA at each individual financial institution.
(d)
"Local affiliate of Habitat for Humanity International, Inc.," means an independently run 501(c)(3) organization that acts in partnership with and on behalf of Habitat for Humanity International, Inc., to coordinate all aspects of Habitat home building in a specific geographical area.
(e)
Local affiliate of Fuller Center for Housing, Inc., means an independently run 501(c)(3) organization that acts in partnership with and on behalf of Fuller Center for Housing, Inc., to coordinate all aspects of home building on behalf of the Fuller Center in a specific geographical area.
(f)
"Chair of real estate" means the endowment fund held and administered by any Mississippi university. For those universities which do not designate or which do not have a "chair of real estate," the term "chair of real estate" includes a professorship of real estate.
Laws, 1993, ch. 408, § 2; Laws, 2004, ch. 412, § 5; Laws, 2010, ch. 539, § 1, eff. 4/27/2010.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 36 - REGISTERED FORESTERS (§§ 73-36-1 — 73-36-37) › Section 73-36-1 - Short title

This chapter may be cited as the "Foresters Registration Law of 1977."
Laws, 1977, ch. 475, § 1; reenacted, Laws, 1983, ch. 326, § 1; reenacted, Laws, 1991, ch. 330, § 1; reenacted without change, Laws, 2004, ch. 416, § 1, eff. 7/1/2004.
Brought forward by Laws, 2023, ch. 408, HB 787,§ 2, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 36 - REGISTERED FORESTERS (§§ 73-36-1 — 73-36-37) › Section 73-36-3 - Definitions

As used in this chapter the following words and phrases shall include the meanings ascribed in this section unless the context clearly requires a different meaning:
(a)
The term "person" means a natural person.
(b)
The term "forester" means a person who, by reason of his knowledge of the natural sciences, mathematics, economics and the principles of forestry, and by his demonstrated skills acquired through professional forestry education as set forth in Section
73-36-21
, is qualified to engage in the practice of forestry and who also has been duly registered and holds a current valid license issued by the board.
(c)
The term "registered forester" means a person who has been registered and licensed pursuant to this chapter.
(d)
The term "practice of forestry" means any professional forestry service including, but not limited to, consultation, investigation, evaluation, valuation, planning, recommending silvicultural or harvesting practices or responsible supervision of any forestry activities in connection with any public or private lands wherein the public welfare and property are concerned or involved when such professional services require the application of forestry principles, knowledge and data.
(e)
The term "board" means the State Board of Registration for Foresters.
Laws, 1977, ch. 475, § 2; reenacted, Laws, 1983, ch. 326, § 2; Laws, 1989, ch. 383, § 1; reenacted, Laws, 1991, ch. 330, § 2; reenacted without change, Laws, 1999, ch. 445, § 1; reenacted without change, Laws, 2004, ch. 416, § 2, eff. 7/1/2004.
Brought forward by Laws, 2023, ch. 408, HB 787,§ 3, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 36 - REGISTERED FORESTERS (§§ 73-36-1 — 73-36-37) › Section 73-36-5 - Practice of forestry without complying with registration requirements prohibited

In order to benefit and protect the public and the forest resources, no person in either public or private capacity shall practice or offer to practice forestry, unless he shall first have submitted evidence that he is qualified so to practice and shall be registered by the board or unless he is specifically exempted from registration under this chapter. It is unlawful for any person to practice or offer to practice forestry in this state, as defined by this chapter, or to use in connection with his name or otherwise assume, use or advertise any title or description tending to convey the impression that he is a forester, unless the person has been duly registered or is exempt from registration under this chapter.
This chapter shall not be construed to prevent or to affect:
(a)
The conduct of business and support services including: tree planting, timber stand improvement, pesticide application, pest control, site preparation, heavy equipment operation, prescribed fire application, timber buying, logging contracting, timber cruising, timber marking and the application of best management practices.
(b)
The application of forestry principles and procedures on any timberlands, woodlands or forest in which the person, firm, partnership or corporation owns the timberlands, woodlands or forest; or persons, firms, partnerships and corporations having the right to manage and administer forestlands in any legal manner.
(c)
The work of an employee or a subordinate of any forester holding a license under this chapter; if that work is done under the direction, supervision and responsibility of a person holding a license under this chapter.
(d)
The practice of forestry by officers and employees of the United States government on federally-owned lands.
(e)
The practice of forestry by officers and employees of the State of Mississippi on state-owned lands.
(f)
Employees of the federal government, state government and educational institutions of the State of Mississippi who, in the exercise of their assigned duties, conduct forestry education programs.
(g)
Persons who hold valid licenses prior to July 1, 1989.
Laws, 1977, ch. 475, § 3; reenacted, Laws, 1983, ch. 326, § 3; Laws, 1989, ch. 383, § 2; reenacted, Laws, 1991, ch. 330, § 3; Laws, 2000, ch. 601, § 1; reenacted without change, Laws, 2004, ch. 416, § 3, eff. 7/1/2004.
Brought forward by Laws, 2023, ch. 408, HB 787,§ 4, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 36 - REGISTERED FORESTERS (§§ 73-36-1 — 73-36-37) › Section 73-36-7 - Exemption as to acts not performed for compensation

Nothing contained in this chapter shall be construed as preventing any person, firm, partnership or corporation from practicing forestry or managing woodlands, forests or trees on any land, provided such acts are not performed or offered to the public for compensation, unless otherwise exempted in Section
73-36-5
.
Laws, 1977, ch. 475, § 4; reenacted, Laws, 1983, ch. 326, § 4; reenacted, Laws, 1991, ch. 330, § 4; reenacted without change, Laws, 1999, ch. 445, § 3; reenacted without change, Laws, 2004, ch. 416, § 4; Laws, 2007, ch. 398, § 1, eff. 7/1/2007.
Brought forward by Laws, 2023, ch. 408, HB 787,§ 5, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 36 - REGISTERED FORESTERS (§§ 73-36-1 — 73-36-37) › Section 73-36-9 - Board of registration for foresters; appointment of members; terms; filling of vacancies; removal of members

There is hereby created the State Board of Registration for Foresters of the State of Mississippi for the purposes of safeguarding forests by regulating the practice of forestry and requiring that persons practicing or offering to practice forestry to be registered. The board shall be composed of seven (7) members appointed by the Governor with the advice and consent of the Senate. One (1) member shall be appointed from each of the six (6) forestry commission districts as constituted on January 1, 1999, and one (1) member shall be appointed at large. The State Forester of Mississippi shall serve as an ex officio member of the board. Each of the members shall be a forester within the meaning of this chapter with at least three (3) years' experience in such field, and a resident and citizen of the State of Mississippi at the time of his appointment. Within thirty (30) days after July 1, 1977, the Governor shall appoint the members, designating a term of office of one (1), two (2), three (3), four (4) or five (5) years for each of the members as appointed; provided, however, two (2) members shall serve a term of one (1) year and two (2) shall serve a term of four (4) years. As the terms of office of the members so appointed expire, successors shall be appointed for terms of five (5) years. Any vacancy occurring in the membership of the board shall be filled by the Governor for the unexpired term. The Governor shall have the right, upon the approval of a majority of the board, to remove any members of the board for inefficiency, neglect of duty or dishonorable conduct.
Laws, 1977, ch. 475, § 5; reenacted and amended, Laws, 1983, ch. 326, § 5; reenacted, Laws, 1991, ch. 330, § 5; Laws, 2000, ch. 601, § 2; reenacted without change, Laws, 2004, ch. 416, § 5; Laws, 2007, ch. 398, § 2, eff. 7/1/2007.
Brought forward by Laws, 2023, ch. 408, HB 787,§ 6, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 36 - REGISTERED FORESTERS (§§ 73-36-1 — 73-36-37) › Section 73-36-11 - Board members must have been licensed as registered foresters for 5 years

No person shall be appointed a member of the board unless the person at the time appointed has held a license as a registered forester for at least five (5) years.
Laws, 1977, ch. 475, § 6(1); reenacted and amended, Laws, 1983, ch. 326, § 6; reenacted, Laws, 1991, ch. 330, § 6; Laws, 2000, ch. 601, § 3; reenacted without change, Laws, 2004, ch. 416, § 6, eff. 7/1/2004.
Brought forward by Laws, 2023, ch. 408, HB 787,§ 7, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 36 - REGISTERED FORESTERS (§§ 73-36-1 — 73-36-37) › Section 73-36-13 - Election of officers; seal; quorum

Each year the board shall elect one (1) of its members as chairman, one (1) as vice chairman, and one (1) as secretary, and each shall perform the usual duties of such offices. The board may adopt an official seal. Four (4) members of the board shall constitute a quorum, and a majority vote of those present at any meeting shall be necessary for the adoption of any order proposed or the disposition of other business coming before the board.
Laws, 1977, ch. 475, § 6(2); reenacted, Laws, 1983, ch. 326, § 7; reenacted, Laws, 1991, ch. 330, § 7; Laws, 2000, ch. 601, § 4; reenacted without change, Laws, 2004, ch. 416, § 7, eff. 7/1/2004.
Brought forward by Laws, 2023, ch. 408, HB 787,§ 8, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 36 - REGISTERED FORESTERS (§§ 73-36-1 — 73-36-37) › Section 73-36-15 - Board meetings; notice of meetings

The board shall hold at least two (2) regular meetings during each year and such other meetings as the chairman may find necessary. Notice of the time and place of the meetings of the board shall be mailed to each of the members of the board at least five (5) days before the meeting and, in addition, shall be posted as provided by the rules and regulations of the board at least five (5) days prior to the meeting.
Laws, 1977, ch. 475, § 7; reenacted, Laws, 1983, ch. 326, § 8; reenacted, Laws, 1991, ch. 330, § 8; Laws, 2000, ch. 601, § 5; reenacted without change, Laws, 2004, ch. 416, § 8, eff. 7/1/2004.
Brought forward by Laws, 2023, ch. 408, HB 787,§ 9, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 36 - REGISTERED FORESTERS (§§ 73-36-1 — 73-36-37) › Section 73-36-17 - Compensation of board members; operating fund; bonding of secretary

Each member of the board shall receive per diem compensation as authorized by Section
25-3-69
, and shall be reimbursed for such other expenses at the same rate and under the same conditions as provided for public officers and employees in Section
25-3-41
. The board shall pay for all expenses incurred by the board, including clerical help as may be needed, if itemized statements of the expenses are first approved by order of the board entered on its minutes. The board shall not expend in any fiscal year more monies than the amount of fees collected. All fees shall be paid to the secretary of the board and the secretary shall deposit all monies received under this chapter in the State Treasury. All such monies shall be kept in a special fund in the State Treasury known as the "State Board of Registered Foresters Fund" and shall be used for the administration of this chapter. The funds shall not lapse at the end of each year. All expenditures from the fund shall be by requisition to the Executive Director of the Department of Finance and Administration and signed by the board chairman. The secretary of the board shall be under a surety bond in the penal sum of Five Thousand Dollars ($5,000.00) with a surety company authorized to do business in this state, the bond to be conditioned for the faithful performance of his duties, and the fee shall be paid by the board.
Laws, 1977, ch. 475, § 8; reenacted and amended, Laws, 1983, ch. 326, § 9; reenacted and amended, Laws, 1991, ch. 330, § 9; Laws, 2000, ch. 601, § 6; reenacted without change, Laws, 2004, ch. 416, § 9, eff. 7/1/2004.
Brought forward by Laws, 2023, ch. 408, HB 787,§ 10, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 36 - REGISTERED FORESTERS (§§ 73-36-1 — 73-36-37) › Section 73-36-19 - Powers and duties of board

(1)
The State Board of Registration for Foresters shall have the following powers and duties:
(a)
To adopt rules and regulations governing the holding of its meetings, hearings, applications for licenses and any and all other duties provided by this chapter.
(b)
To establish and promulgate standards of practice and a code of ethics for registered foresters and provide for the enforcement thereof.
(c)
To establish minimum requirements for professional continuing education.
(d)
To prepare a biennial roster showing the names, business addresses and such other information as the board may deem necessary of all foresters registered under this chapter, and to provide copies to the registered foresters and the public. A copy of the roster shall be filed with the Secretary of State of the State of Mississippi on or before April 1 in the year such roster is prepared.
(e)
To issue, suspend or revoke licenses and to take all actions necessary.
(2)
At any hearing before the board, any member may administer oaths to witnesses appearing before the board. If any person shall refuse to testify or to produce any books, papers or documents, the board may present its petition to any court of competent jurisdiction within the state setting forth the facts, and then the court, in a proper case, may issue its subpoena to the person requiring his attendance before the court and to testify or to produce such books, papers and documents as may be deemed necessary and pertinent thereto. Any person failing or refusing to obey the subpoena of the court may be proceeded against in the same manner as for refusal to obey any other subpoena of the court.
(3)
The board shall keep a record of its proceedings and a register of all applications for registration. The register shall show the name, age and residence of each applicant, the date of the application and the board's action on the application and any other information as may be deemed necessary by the board. The board shall submit an annual report to the Governor and a report to the regular session of the Legislature. The report to the Legislature shall include a financial statement of the transactions of the board during the year.
Laws, 1977, ch. 475, § 9; reenacted and amended, Laws, 1983, ch. 326, § 10; reenacted, Laws, 1991, ch. 330, § 10; Laws, 2000, ch. 601, § 7; reenacted without change, Laws, 2004, ch. 416, § 10, eff. 7/1/2004.
Brought forward by Laws, 2023, ch. 408, HB 787,§ 11, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 36 - REGISTERED FORESTERS (§§ 73-36-1 — 73-36-37) › Section 73-36-21 - Eligibility for registration as registered forester; board authorized to review and investigate certain appeals

(1)
Any person who has graduated with a bachelor's degree or higher degree from a university or college of forestry in a curriculum in forestry acceptable to the board and found by the board to be substantially equivalent to curricula in schools of forestry accredited by the Society of American Foresters shall be eligible for registration as a registered forester, and a license shall be issued upon application and payment of the required fee, if the person files an application for registration with the board and successfully passes a written and/or oral examination.
(2)
The board may review and investigate the denial of any license, upon appeal by the denied applicant, and the board may issue a license to an applicant who met the requirements for such license at the time of application.
Laws, 1977, ch. 475, § 10; reenacted and amended, Laws, 1983, ch. 326, § 11; Laws, 1989, ch. 383, § 3; reenacted, Laws, 1991, ch. 330, § 11; Laws, 2000, ch. 601, § 8; Laws, 2002, ch. 400, § 1; reenacted without change, Laws, 2004, ch. 416, § 11, eff. 7/1/2004.
Brought forward by Laws, 2023, ch. 408, HB 787,§ 12, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 36 - REGISTERED FORESTERS (§§ 73-36-1 — 73-36-37) › Section 73-36-23 - Application for registration; fees

Applications for registration shall be made on forms prescribed and furnished by the board. The initial registration fee for a license as a registered forester shall be fixed by the board, but shall not exceed Fifty Dollars ($50.00). If the board denies the issuance of a license to any applicant, the fee deposited shall be retained by the board as an application fee.
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
, Mississippi Code of 1972.
Laws, 1977, ch. 475, § 11; reenacted and amended, Laws, 1983, ch. 326, § 12; reenacted, Laws, 1991, ch. 330, § 12; Laws, 1997, ch. 588, § 60; Laws, 2000, ch. 601, § 9; reenacted without change, Laws, 2004, ch. 416, § 12, eff. 7/1/2004.
Brought forward by Laws, 2023, ch. 408, HB 787,§ 13, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 36 - REGISTERED FORESTERS (§§ 73-36-1 — 73-36-37) › Section 73-36-25 - Written examinations

When written examinations are required, they shall be held at such time and place as the board shall determine. The methods of procedure shall be prescribed by the board. A candidate failing an examination may apply for reexamination at the expiration of six (6) months and shall be entitled to one (1) reexamination without payment of an additional fee. Subsequent examinations may be granted upon payment of a fee to be determined by the board, but not in excess of Fifty Dollars ($50.00).
Laws, 1977, ch. 475, § 12; reenacted and amended, Laws, 1983, ch. 326, § 13; reenacted, Laws, 1991, ch. 330, § 13; reenacted without change, Laws, 1999, ch. 445, § 12; reenacted without change, Laws, 2004, ch. 416, § 13, eff. 7/1/2004.
Brought forward by Laws, 2023, ch. 408, HB 787,§ 14, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 36 - REGISTERED FORESTERS (§§ 73-36-1 — 73-36-37) › Section 73-36-27 - Licenses

The board shall issue a properly authenticated, serially numbered license upon payment of the registration fee to any applicant who in the opinion of the board has satisfactorily met all the requirements of this chapter and the rules and regulations of the board duly adopted under this chapter. The issuance of a license by the board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered forester while the license remains unrevoked or unexpired.
Laws, 1977, ch. 475, § 13; reenacted, Laws, 1983, ch. 326, § 14; reenacted, Laws, 1991, ch. 330, § 14; Laws, 2000, ch. 601, § 10; reenacted without change, Laws, 2004, ch. 416, § 14, eff. 7/1/2004.
Brought forward by Laws, 2023, ch. 408, HB 787,§ 15, eff. 7/1/2023.